legal options for being asked to leave.

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  • rhino

    Grandmaster
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    24   0   0
    Mar 18, 2008
    30,906
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    Indiana
    Nope. I didn't have a gun for them to take away. Kansas didn't have any sort of handgun permit back then.

    Even drunk, I wasn't a "scuffler". The one time I actually had a physical altercation at a bar I was sober as I was the DD and a large fight broke out. One of the participants got knocked out of the ring, got turned around, and charged me while I was taking a break from shooting pool to observe the commotion.

    There may or may not have been a wading pool with mud and two scantily clad women involved.
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,854
    149
    Valparaiso
    I'd say the issue is that while Wal-mart may say guns are ok, they don't say "you can ignore our employee telling you to leave." The trespass charge doesn't care why you were told to leave. Now if another employee were there and said you don't have to leave, then you should be fine, but I wouldn't risk my own legal backside on the supposed ambiguity of a greeter not being within corporate policy.

    Good points and neither would I.
     

    BADWOLF

    Sharpshooter
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    5   0   0
    Jul 24, 2015
    366
    18
    Small Town USA
    Now as a regular customer. If a employee asks you to leave why not just ask for the manager on duty, assistant store manager or store manager? It is their store and more than likely they will know corporates policy.

    And it would be educational for the employee.
     

    BehindBlueI's

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    29   0   0
    Oct 3, 2012
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    Now as a regular customer. If a employee asks you to leave why not just ask for the manager on duty, assistant store manager or store manager? It is their store and more than likely they will know corporates policy.

    And it would be educational for the employee.

    You can. You are still trespassing once told to leave and failing to do so, though. Roll your dice, take your chances. My response would be to leave and then contact the brass via email or telephone, but I'm risk averse when it comes to potentially getting arrested for something that's easily avoidable.
     

    kmoffett71

    Plinker
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    0   0   0
    Aug 8, 2015
    55
    8
    Plainfield
    I agree with BehindBlueI's....I had Guy Relford (Attorney on gun laws) come to one of my Well Armed Woman meetings, and this was specifically discussed. He said it still not illegal for you to have your firearm, but if you refuse to leave then you are break all new laws. It's a hard battle, I know, but one you have to abide.
     

    BADWOLF

    Sharpshooter
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    5   0   0
    Jul 24, 2015
    366
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    Small Town USA
    Now the better question is if they ask you to leave. Does that just mean the store or does it mean the property ( parking lot, exc. ) as well?

    And after handing them a good will card should you whip out a notebook and ask for the name of the current manager on duty, the store # , the number for their corporate HQ & their name if not on a name badge, and date and time?
     
    Last edited:

    kmoffett71

    Plinker
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    Aug 8, 2015
    55
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    Plainfield
    I think you are pushing your luck with that, but a great question in regards to certain situations. Starbucks does not allow guns in their stores, and if they asked me to leave their parking lot is shared with Gamestop, and Panda Express, so does that mean I have to leave them all? None of the park spaces are specifically assigned to Starbucks.
     

    BADWOLF

    Sharpshooter
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    5   0   0
    Jul 24, 2015
    366
    18
    Small Town USA
    I think you are pushing your luck with that, but a great question in regards to certain situations. Starbucks does not allow guns in their stores, and if they asked me to leave their parking lot is shared with Gamestop, and Panda Express, so does that mean I have to leave them all? None of the park spaces are specifically assigned to Starbucks.

    Starbucks here is a stand alone building and so is our walmart so if someone asks you to leave the parking lot is part of their property.
     

    BehindBlueI's

    Grandmaster
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    29   0   0
    Oct 3, 2012
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    Now the better question is if they ask you to leave. Does that just mean the store or does it mean the property ( parking lot, exc. ) as well?

    And after handing them a good will card should you whip out a notebook and ask for the name of the current manager on duty, the store # , the number for their corporate HQ & their name if not on a name badge, and date and time?

    It depends. Who's property is the parking lot? Is the person you trespassed you an agent of that property? If a store in the mall trespasses you, you don't have to leave the whole mall because they are tenants in that one store and not the whole property. If mall security trespasses you, the entire mall and the parking lot is not verboten because they are agents of the property owner for that property, not just the one store.
     
    Rating - 100%
    15   0   0
    Aug 14, 2009
    3,816
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    Salem
    edporch - agreed. It's always been my policy that if I'm not wanted somewhere , for whatever reason, then I will not be there. I see no reason for a exception in a case like this.
     

    BehindBlueI's

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    29   0   0
    Oct 3, 2012
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    Again, then why does this not work for the LGBT community?
    Why can they tell one person they want them to leave and will not serve them, and another they can't and must serve them?

    I'm sure you understand the difference between an action and a characteristic.

    "No Jews Allowed" is not the same as "No shouting in the movie theater."
     

    ATM

    will argue for sammiches.
    Site Supporter
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    30   0   0
    Jul 29, 2008
    21,019
    83
    Crawfordsville
    Again, then why does this not work for the LGBT community?
    Why can they tell one person they want them to leave and will not serve them, and another they can't and must serve them?

    Because the State does not protect rights, it grants privilege.
     

    edporch

    Master
    Site Supporter
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    25   0   0
    Oct 19, 2010
    4,694
    149
    Indianapolis
    Originally Posted by edporch If you're asked to leave, just leave.

    Again, then why does this not work for the LGBT community?
    Why can they tell one person they want them to leave and will not serve them, and another they can't and must serve them?

    You have a point.

    My guess would be that due to so-called "protected classes", which there is no constitutional basis to allow, "some of us are more equal than others" is what justifies it.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,854
    149
    Valparaiso
    I'm sure you understand the difference between an action and a characteristic.

    "No Jews Allowed" is not the same as "No shouting in the movie theater."

    Well this is going OT, but since it's headed there- Buy all the cakes, cupcakes, brownies and bread you want, no matter who you are. Just don't insist I make you a wedding cake with 2 dudes on it or 2 women on it.
     
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