Officers just disarmed me in Subway, lectured and took my DL.

[eldirector]

Did anyone mention that you were on private property and if the Subway owners didn't care the ISP couldn't say crap about you carrying in there?

Huh. Totally forgot about that.

Would simply allowing him to go through the line and order be "tacit consent"?

 

[bwframe]

LTCH and new ID, yes

Good job sir.
I trust you will be a good ambassador for all gun owners who carry!

 

[Titanium_Frost]

Huh. Totally forgot about that.

Would simply allowing him to go through the line and order be "tacit consent"?

More or less IMO.

 

[DragonGunner]

Did anyone mention that you were on private property and if the Subway owners didn't care the ISP couldn't say crap about you carrying in there?

Ya.....play that card......and then when he leaves they jackboot the living crap out him. "Not on private property now are you punk!".......

 

[Liberty1911]

Did anyone mention that you were on private property and if the Subway owners didn't care the ISP couldn't say crap about you carrying in there?

Good point. How does the law view this?

 

[eldirector]

Good point. How does the law view this?

(b) Except as provided in subsection (c), a person may carry a handgun without being licensed under this chapter to carry a handgun if:
<snip>
(2) the person carries the handgun on or about the person's body while lawfully present in or on property that is owned, leased, rented, or otherwise legally controlled by another person, if the person:
(A) has the consent of the owner, renter, lessor, or person who legally controls the property to have the handgun on the premises;
</snip>

Pretty plainly

 

[Titanium_Frost]

Ya.....play that card......and then when he leaves they jackboot the living crap out him. "Not on private property now are you punk!".......

They have food and a bathroom, my bet is those troopers will have a call before the store closed.

Good point. How does the law view this?

You can carry on private property without a LTCH. As a paying customer you are allowed access unless they kick you off.

Now if could be very likley that the LEOs would intimidate the manager into LETTING them harass his customers but some people still have a backbone in this country.

 

[Liberty1911]

Pretty plainly

I was thinking more along the lines of the Subway situation and if there was implied consent. He didn't have direct verbal or written consent. Also, the manager on duty may or may not be viewed as the person "legally" controlling the property.

I'm not arguing this either way. I'm just curious how this would play out legally.

 

[Titanium_Frost]

I was thinking more along the lines of the Subway situation and if there was implied consent. He didn't have direct verbal or written consent. Also, the manager on duty may or may not be viewed as the person "legally" controlling the property.

I'm not arguing this either way. I'm just curious how this would play out legally.

Can the manager or an employee kick him OFF the property? Yep.

Then it stands to reason that they can ALLOW him on the property.

 

[LtScott14]

Back in the day, a few cops I knew would wait till you left the lot, found a reason for a traffic stop, and cash in on your act. It has already been discussed, and sounds like the message to keep and carry your LTCH, and DL. Try CC for a while, no one cares, or knows. New LEOs are just that, new. You do have your rights, and lucky that day it did not end with a trip anywhere besides home. With all the news reports, the holidays, people are getting nervous. Good luck in the future.

 

[Titanium_Frost]

Back in the day, a few cops I knew would wait till you left the lot, found a reason for a traffic stop, and cash in on your act. It has already been discussed, and sounds like the message to keep and carry your LTCH, and DL. Try CC for a while, no one cares, or knows. New LEOs are just that, new. You do have your rights, and lucky that day it did not end with a trip anywhere besides home. With all the news reports, the holidays, people are getting nervous. Good luck in the future.

So much fail in this post. Congratulations on being the reason so many do not trust the police.

It is supreme ignorance to believe that just because someone OCes they do not also CC as well. Keep your nose out of other people's decisions, try it, you may like it and I'm sure no one will notice or care.

 

[eldirector]

My take from this thread: The heckler's veto works.

 

[Liberty1911]

Can the manager or an employee kick him OFF the property? Yep.

Then it stands to reason that they can ALLOW him on the property.

Good point. How does the law view consent then? Is implied consent covered?

 

[Titanium_Frost]

My take from this thread: The heckler's veto works.

It does work on most, but not all.

OP, were you OCing the latest time you were at Subway or did you conceal it to avoid confrontation?

 

[Titanium_Frost]

Good point. How does the law view consent then? Is implied consent covered?

A court or jury would have to figure that out for this specific reason. Nothing has ever went before appeals that I am aware of to set precedence on the matter.

As of right now it would entirely be up to a combination of the 1. property owner 2. the LEO and 3. your own stubborness

 

[ArcadiaGP]

It does work on most, but not all.

OP, were you OCing the latest time you were at Subway or did you conceal it to avoid confrontation?

OC. I maintained that I wasn't doing anything wrong, and I wasn't worried about seeing them there again.

 

[Liberty1911]

A court or jury would have to figure that out for this specific reason. Nothing has ever went before appeals that I am aware of to set precedence on the matter.

As of right now it would entirely be up to a combination of the 1. property owner 2. the LEO and 3. your own stubborness

Got it. Thanks. I don't think I'd want to be the test case though.

 

[Titanium_Frost]

OC. I maintained that I wasn't doing anything wrong, and I wasn't worried about seeing them there again.

Heckler's Veto fails at least this time.

 

[the1kidd03]

I went shortly after the OP (this time). It seemed as though the employees were talking about it, but I couldn't hear so just speculation.

 

[Titanium_Frost]

Got it. Thanks. I don't think I'd want to be the test case though.

Most people don't. It isn't as glamorous at it appears from the outside.