Any Truth to this Rumor?

[LarryMac]

For a while the "No firearms allowed" sign was posted on the entrance at our WalMart. I noticed that they removed the signs and I mentioned this to someone. I was told that a lady at a Walmart in Texas was asked to leave the store because she carried a weapon. On another visit she was raped in the parking lot and couldn't defend herself because she had to leave the gun in the car. A lawsuit is supposed to be pending over this.

Is there any truth to this? I asked the Walmart manager here about the signs and he couldn't give me an answer as to why they were removed.

I support the CCW, my wife and I both have Missouri permits to carry.

[carl]

I was told when the ccw law went into effect here in Ohio[about 1 1/2 years ago] that Walmart had no cororate policy against ccw.My brother works at Kmart here and it was up to the store manager if he wanted to post the "No Guns" signs.They are not posted at this time.As far as suing if they had signs up and you were attacked etc.Ohio law prohibits you from suing the store if it is posted. It also prohibits someone from suing the store if they are not posted and you get injured because of a licenced ccw's actions.They can sue the ccw holder but either way the store is immune to prosecution.Here is a link to Ohio's law.
http://waynecountysheriff.com/CCW_Booklet.pdf

[Hawkeye6]

Larry:

FWIW, I tried checking Snopes.com on this topic and got no hits. Guess all that really means is, accoding to Snopes, its neitehr proved nor disproved.

Hawkeye

[LarryMac]

We took the class here in Missouri, the rule regarding "Posting No Firearms" is entirely up to management of the business. If the sign is posted and you are discovered carrying a weapon, they have the right to ask you to leave. If you refuse to leave and law enforcement is called to assist your ejection, then that is considered an infraction. Three infractions will get your permit revoked. One infraction does not consitute a violation. A violation would be entering areas that are prohibited by law, such as banks, government offices, schools, etc. Taking one to church is okay as long as the pastor or priest has knowledge of it and gives permission. One can be in your vehicle on school grounds, but not on your person. According to the officers that conducted the classes, they would prefer that a weapon be out of sight in the vehicle. If it is in plain sight, then it HAS to be out of reach of the occupant. If the weapon is unloaded, most officers will tell you that an unloaded weapon will get you killed. Our instructor summed the CCW law by stating that the CCW permits allows you to take the weapon beyond the vehicle.

Beware of Illinois. If an officer discovers that you have a weapon, he will confiscate it without hesitation. If you travel through Illinois, the weapon has to be unloaded and locked up.

[carl]

Some states have laws and requirements that are different.The Federal laws always take priority as you know.As far as banks the only ones that are banned by Federal law is Federal Reserve Banks.If the bank management posts a "no guns" its the same as a business posting .This came up in the CCW class I took.I have changed from the bank I had for about 25/30 years because they posted.My current bank knows why I changed and the bank manager said all the branchs in Wayne and Holmes county are taking a wait and see if they have problems and are posting at this time.This National City bank.I have been told that they are posted in Akron,Cleveland and other big cities.I would also add I appear to live in a CCW friendly area the Wayne/Holmes sheriff's departments both have been very freindly and answer all questionsThe Wayne co department came to the class I took and talked to us.They also processed my licence in about 10 days.

[LarryMac]

Personally, I don't have a problem with the signs, especially if a bank doesn't have security officiers standing by. Unless a business has metal detectors, they are not going to know you carry, no harm no foul. I seldom carry, at least now when I do, I'm legal.

A really interesting fact I learned in class was the use of deadly weapons and property. As we were told, "If you wake up in the middle of the night and someone is downstairs carrying off your TV and Stereo, you CAN NOT shoot them, unless your life is threatened." I was surprised, and asked, "If I catch someone backing out of my driveway in my Mustang GT, are you telling me that I can't shoot them?" The answer was no, and that it would be me going to jail for assult with a deadly weapon. Another property question was raised about, "If you get on my property, I will shoot." Again, the shooter would be going to jail. Much of this is left up to interpretation by law enforcement. Our instructor did tell us that if we are awakened in the middle of the night by someone in our bedroom with us, then the area of being threatened clears up, and we would be justified in using a weapon. As for me, the guy downstairs would be staring down the muzzle of a .357, I sure as hell wouldn't let him walk out, and who's to say that he doesn't have one of our kitchen knives in his hand.

[Hawkeye6]

Larry:

You get into a very "iffy" area when it comes to preotection of property.

I agree with what you were told about seeing someone steal your car out of your driveway. I think most state laws wopuld be prettysimilar to what you realyed of Ohio's.

When it comes to home invasion, many states have adopted the "castle" rule. Distilled, this means that your home is your castle and you have no duty to retreat. You are justifed in using deadly force to defend your property or your life in your home. In fact, in some states this doctirne owuld extend to your car, place of business, occupied automobile, etc. You might not be justifeid in using deadly force out on the street if you could avoid the ocnflict, but the castel doctrine says that you may in your home. Sounds like tha tis not the case in Ohio.

Of course, if the thief had a weapon on his person or threatened you with, say, a knife or baseball bat that was found on or near his cold, dead fingers when the police arrived to write up a report... I suspect it would be you that sets the parameters of what the police would put in their report. Of course, I am not saying that you would do anything to violate any law.

H.

[Critch]

Larry, I think it would be very hard to get a jury in the Bootheel to convict a homeowner of shooting someone in their house. I will not hesititate to shoot someone here the Bluff in my house, I guarantee you no one will care.

Now if they are outside and pose no immediate danger that's a different matter, but once they attempt entry or are in, their a$$ is grass....also remember that a lot of what happens in Missouri has to do with who got shot and who did the shooting.

We have had many shootings here in the Ozarks where the police, PA's etc just didn't care.

Other states have different laws.

[8X56MS]

my BS meter is pegging out with this one.

[Critch]

I've seen that story about the woman in Wal-Mart in Texas referenced many times, but I have never been able to find it in a newspaper or on a website that gives a reference.

[gregarat]

Im with 8X56MS.

Take a state like New York for example. N.Y.S. has no castle doctrine. It has a right to retreat law. Which is the exact opposite of the castle doctrine. On top of which, states like N.Y. are very liberal = anti-gun. Pulse, you cannot predict a jury. If so, you should be a jury consultant.

Thats one thing I love about Florida. They made the castle doctrine into a law.

Im not sure about all of this myself, cause I didnt go through law school. Im just another guesser

[Nulle]

One of the first questions you are going to be asked is "were you afraid for your life?" The answere to that better be an HONEST yes and not after slipping knives and stuff into the perps hands after the fact.

[papi]

i am in texas and have not heard about the walmart mess.it could be true but i just have not heard about it.texas has a very strong law when it comes to protecting property. you have the right to use deadly force here

[skeeter@ccia.com]

Sometimes you just gotta do what ya gotta do and lie about it like heck if ya have to...even if on stand..such as the knife in hand thing.....I have seen with my own eyes the 'law officer' lie through his teeth after taking the same swarn oath as I did and when told so in front of the Judge, the Judge sided with him.....because he had a uniform and badge. I wouldn't trust anything to have a proper outcome in the courts so you just better cover every area of your situation.
A friend of mine who just got home from his 3rd tour of Irac took his new motorcycle for a ride to the country. Getting awoke in the night by someone pushing his bike into the back of a truck, he exited the tent, smashed the guys face and while on the ground, stomped his hands thinking a thief needed them to steal....well guess who got arrested for excessive force and paid the fines?...And who got away free because in the end he did not take the bike...
In the end...just make it your way and tell noone...and I mean noone...

[papi]

if you saw these lies for a fact the why didn't you speak.you have that right in court.do not give some whiney excuse.why in the world would they let the guy go? that makes no sense.you friend did use excessive force.his life was not threatened.it again makes no difference if he go back from iraq.no offense but the story sounds made up