LEO encounter at Home Depot in Allentown

[ChrisF4i]

Originally Posted by Ten*K

strange that in a city where officers know the law and citizens are armed we managed ZERO homicides in 2008...

Yeah they go to Allentown to do their homicides.

[Ten*K]

well, a-town needs to get their shit together, don't they?

[ChrisF4i]

Originally Posted by Ten*K

well, a-town needs to get their shit together, don't they?

Yes they do!

[DarKTeK]

Originally Posted by Ten*K

well, a-town needs to get their shit together, don't they?

Agreed. I have to work in Center City Allentown daily at 9th street and it's such a crappy environment.

[Shuey134]

Originally Posted by DarKTeK

Agreed. I have to work in Center City Allentown daily at 9th street and it's such a crappy environment.

I have also worked in that area. A little shady at times. I heard that recently there were a couple of armed robberies in the old Hess Parking deck. It's a little scary since thats where I park when I'm working there.

[Searcher67]

I had a similar encounter at Lowes here in Lebanon...but it was with a know-it-all employee... I too had to run in quick to get something with my XD in full view..This guy walks over to me and says that my gun NEEDS to be concealed...I said "NO, it doesn't!" He retorts..its our store policy that guns are not allowed in the store.. I said, "well, it needs to say that on the door before I walk in. And if I ever see that sign on the door I won't walk in."

I explained to him OC and he told me that it is store policy. I then just decided not to get into a word fight with him and I left. BUT, I got to the Jeep and called the corporate office, I explained to him that the Lebanon store just violated my rights. Explained the entire situation and he took my number.. Less than an hour later the store manager was on the phone with me apologizing profusely, and asking what he could do for me!! He also stated that it is NOT store policy for customers but it is for employees. His employee was mistaken. He again apologized and assured me that his employee has been spoken too. I didn't see that employee for the next two weeks, whether he had been suspended or was just not there, I don't know, but He did return and everytime he sees me he waves and makes eye contact.

The only place that I know about that violates my carry right is the West Manchester mall in York which when I saw the sign on the door I didn't go in nor have I ever spent a dime there.

[chrisjames_71]

Originally Posted by Searcher67

snip....He retorts..its our store policy that guns are not allowed in the store.. I said, "well, it needs to say that on the door before I walk in. And if I ever see that sign on the door I won't walk in."

Where does it say this (the part I bolded)?? Never seen, nor heard of this before.

Originally Posted by Searcher67

The only place that I know about that violates my carry right is the West Manchester mall in York which when I saw the sign on the door I didn't go in nor have I ever spent a dime there.

pretty sure the York Galleria has a sign as well, at least I think thats the mall I was in and saw it. Never saw the manchester mall posting, just the posting at the regal cinema in there.

[gnbrotz]

Originally Posted by Searcher67

I said, "well, it needs to say that on the door before I walk in.

Standing your ground and making such a statement to any employee is a very legally risky move. "It's my right" is not an affirmative defense to a defiant trespass charge.

[Statkowski]

Standing your ground and making such a statement to any employee is a very legally risky move. "It's my right" is not an affirmative defense to a defiant trespass charge.

Possibly true, but if one has not been asked to leave, then one cannot be charged with defiant trespass. Searcher67 was not asked to leave.

[gnbrotz]

Originally Posted by Statkowski

Possibly true, but if one has not been asked to leave, then one cannot be charged with defiant trespass. Searcher67 was not asked to leave.

If the account posted is accurate (not suggesting it isn't), I agree. Folks need to remember the distinction, as this line can be crossed quickly, and in the heat of the moment, they need to be extra careful to pay attention. Also, there is a real possibility that an employee could claim they asked someone to leave, even if they did not explicitly do so. Chances are, the jury will get to decide the answer.

Personally, if I ever have such an encounter, I will clearly ask "Are you asking me to leave?", so as to remove any ambiguity about their intent.