Author Topic: Niles WalMart - Asked to leave.  (Read 10249 times)

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Offline redskin

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Niles WalMart - Asked to leave.
« on: August 09, 2010, 06:21:31 PM »
This happened on the night of July 26th (sorry I didn't post earlier, election season is busy for me).

I had come to WalMart with two of my friends to buy shorts and new flip-flops. Somehow, we decided to go in the evening, so it was 11:00pm when we entered the store. I had no problems, encounters, looks, or anything from any WalMart employee or customer, so it was a surprise to me when I was stopped on my way out the door. I had just purchased my stuff, and we were walking towards the door while discussing ethics when a large man stopped me at the customer service counter.

Him: Excuse me, Sir?
Me: Yes?
Him: You can't have that in here. (gestures at my firearm)
Me: How is that?
Him: Its against the law, you can't bring that in to Walmart.
Me: I can assure you, it isn't against the law. In Michigan, people are allowed to openly carry a firearms.
Him: Are you a Peace Officer? (yes, he said peace officer)
Me: No, I'm not.
Him: Then you can't have that here.
Me: I know I can, I know I'm not breaking any laws.
Him: Well, you'll have to leave.
Me: Am I leaving because you don't want me here, or am I leaving because you think I am breaking the law?
Him: You're leaving because you can't have that gun in a Walmart.
Me: I'm just trying to clarify this for your General Manager later: am I leaving because the law doesn't allow me to have a gun in a WalMart, or because you personally don't want me to have a gun in a WalMart? There is a difference.
Him: It is WalMart policy, you can't have that gun here.
Me: Okay, so we agree that I'm not breaking the law, you're just asking me to leave?
Him: Yes.
Me: Alright, you have a nice night sir.

I haven't done anything with this since I've been so busy with work, but I thought I'd share with you my experience. To my best knowledge, WalMart has always stuck with state laws when it comes to carrying a firearm. Holstered firearms in possession of the law-abiding citizen are not prohibited in their stores. I'm going to give a phone call to this store's GM and e-mail WalMart corporate to nail this down for certain, but I figure I was just hassled by an anti-gun Manager that thought he could push his politics with WalMart's backing.
A man's country is not a certain area of land, of mountains, rivers and woods, but a principle; and patriotism is loyalty to that principle.

Offline TheQ

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Re: Niles WalMart - Asked to leave.
« Reply #1 on: August 09, 2010, 10:22:45 PM »
Please let us know of the outcome of your call with corporate and the GM.  Thanks for sharing.
I Am Not A Lawyer (nor a gunsmith).

Offline drtodd

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Re: Niles WalMart - Asked to leave.
« Reply #2 on: August 09, 2010, 11:47:26 PM »
IMHO, Walmart is no friend of the 2nd Amendment.  I don't know why people are so surprised when they are asked to leave by a manager.
I was told last year that I could not bring a firearm in my local Walmart, tried to fight it, and basically got nowhere.  The policy of Walmart is to "follow State Law"; apparently especially the state law regarding Trespass. 

They also are financial backers of Mayor Bloomberg and his attempts to further restrict firearms:

http://www.mayorsagainstillegalguns.org/html/partnership/partnership.shtml



This happened on the night of July 26th (sorry I didn't post earlier, election season is busy for me).

I had come to WalMart with two of my friends to buy shorts and new flip-flops. Somehow, we decided to go in the evening, so it was 11:00pm when we entered the store. I had no problems, encounters, looks, or anything from any WalMart employee or customer, so it was a surprise to me when I was stopped on my way out the door. I had just purchased my stuff, and we were walking towards the door while discussing ethics when a large man stopped me at the customer service counter.

Him: Excuse me, Sir?
Me: Yes?
Him: You can't have that in here. (gestures at my firearm)
Me: How is that?
Him: Its against the law, you can't bring that in to Walmart.
Me: I can assure you, it isn't against the law. In Michigan, people are allowed to openly carry a firearms.
Him: Are you a Peace Officer? (yes, he said peace officer)
Me: No, I'm not.
Him: Then you can't have that here.
Me: I know I can, I know I'm not breaking any laws.
Him: Well, you'll have to leave.
Me: Am I leaving because you don't want me here, or am I leaving because you think I am breaking the law?
Him: You're leaving because you can't have that gun in a Walmart.
Me: I'm just trying to clarify this for your General Manager later: am I leaving because the law doesn't allow me to have a gun in a WalMart, or because you personally don't want me to have a gun in a WalMart? There is a difference.
Him: It is WalMart policy, you can't have that gun here.
Me: Okay, so we agree that I'm not breaking the law, you're just asking me to leave?
Him: Yes.
Me: Alright, you have a nice night sir.

I haven't done anything with this since I've been so busy with work, but I thought I'd share with you my experience. To my best knowledge, WalMart has always stuck with state laws when it comes to carrying a firearm. Holstered firearms in possession of the law-abiding citizen are not prohibited in their stores. I'm going to give a phone call to this store's GM and e-mail WalMart corporate to nail this down for certain, but I figure I was just hassled by an anti-gun Manager that thought he could push his politics with WalMart's backing.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline Bronson

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Re: Niles WalMart - Asked to leave.
« Reply #3 on: August 10, 2010, 01:46:25 AM »
Walmart "follows state law" but leaves the final call up to the manager on duty.  So even though it is fully legal the manager can ask you to leave at anytime and still be in compliance with Walmart's corp. policy.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline Agent1

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Re: Niles WalMart - Asked to leave.
« Reply #4 on: August 10, 2010, 08:33:27 AM »
Better yet, you could go in to Walmart in the morning and get asked to leave and then go back in the afternoon and have a different MGR welcome you with open arms.
"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
 John Wayne (The Shootist.)

Offline Advanced Security

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Re: Niles WalMart - Asked to leave.
« Reply #5 on: August 10, 2010, 11:52:25 AM »
IMHO, Walmart is no friend of the 2nd Amendment.  I don't know why people are so surprised when they are asked to leave by a manager.
I was told last year that I could not bring a firearm in my local Walmart, tried to fight it, and basically got nowhere.  The policy of Walmart is to "follow State Law"; apparently especially the state law regarding Trespass. 


My only problem with Walmart, is they lied to me after they kicked me about why they kicked me.  They also have a wall where they "honor" service men/women.  Yet they have no problem kicking people for obeying the law.  They claim one thing and act another.  I've not gone back since I've been removed from the store.

Jeff

Offline wardog6t

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Re: Niles WalMart - Asked to leave.
« Reply #6 on: August 10, 2010, 12:13:10 PM »
Walmart is no freind of anyone but $$$. I personally boycotted Wal-mart and Mcdonalds a long time ago!
"Any day you don't hear a "POP" and "WHIZ" is a Wonderful day....."

Offline kryptonian

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Re: Niles WalMart - Asked to leave.
« Reply #7 on: August 10, 2010, 08:55:38 PM »
i could tell you a bunch of stuff about walmart to make you madder but it's not OC related.

i regularly go into walmart in commerce, new hudson, and fowlerville OC and no problem. different days, times, shifts etc. only told not to return OC in hartland after checking out. found out later that greeter was ex prison guard and after a rundown of questions about me being LEO turns out didn't know the law. i gave another greeter a trifold on a later date to give him.

was in commerce walmart the other day with a few items (chicks dig a guy OC carrying cat food) and waited in express line while cashier was dealing with irate customer. high school kid behind me took cam phone pic of my rig and i assume sent it to someone. pretended i didn't notice. maybe i'll be in one of those 'people of walmart' emails. had a McCain shirt on if you see it.

years ago when i was buying ammo at this store for my CPL class i went to the express line with a very young checkout girl. it was the lane with the cigarettes. i don't smoke EVER but everybody in that line did. she wasn't old enough to ring it up so she had to call someone over to hit the button or ask the customer to hit the button for her. when i got up there she scanned the first box of 9mm ammo. the register asked her 'is this for handgun?' and she asked me. said yes and she scanned the other box. asked again and said 'yes. just like the other box.' after thinking a second i asked, "wait. you can't sell me cigarettes but you can sell me ammunition?" she and the people in line laughed and she said "yep". i left with a little social commentary saying, "by the way my ammo won't be killing anybody but those cigarettes will". i got a "whatever" look and left.
i don't fear the barking dog...i'm scared of the quiet dog

Offline redskin

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Re: Niles WalMart - Asked to leave.
« Reply #8 on: August 19, 2010, 12:28:47 PM »
I got a message while I was on vacation in Kentucky (where I carried). It was the assistant manager, a woman, and after a lengthy introduction she said that Walmart's policy is to respect state law and lawful carry by responsible citizens. She actually goofed and said that "Walmart has no right to ask you to leave for wearing a gun". Either way, she was very apologetic and, in fact, very interested in who the manager was that asked me to leave in the first place. She requested I come in and meet her to identify him. I'll probably be going up there tomorrow afternoon.
A man's country is not a certain area of land, of mountains, rivers and woods, but a principle; and patriotism is loyalty to that principle.

Offline northofnowhere

  • Posts: 281
Re: Niles WalMart - Asked to leave.
« Reply #9 on: August 19, 2010, 06:04:38 PM »
redskin,

    Very good to hear!  Walmart corporate has no policy relating to customers carrying firearms, so in essence they can ask you to leave, or could leave you alone.  Walmart managers however, are well trained to not rock the boat and leave customers alone to do their thing, lol.  ANY manager stating it is "Policy" to not allow customers to lawfully carry firearms is an anti who is lying or simply misinformed.  I am glad your situation appears to be resolved.
Jason E. Reese aka northofnowher