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 Guns drawn, disarmed, yelled at, banned from premises... 
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 Post subject: Guns drawn, disarmed, yelled at, banned from premises...
PostPosted: Sat Sep 20, 2008 12:11 am 
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Joined: Tue Jul 22, 2008 2:09 pm
Posts: 15
Location: Saint Paul
Minneapolis police showed up at the holiday gas station I was at and made my girlfriend and I put up our hands while they pointed guns at us and disarmed me. I was open carrying my Glock 17c. I had just purchased some Alka-Seltzer and a bottle of water for my G.F. so I was a paying customer. The store is not listed as a no carry zone. After the first two disarmed me about ten more officers showed up and proceeded to question if MN allowed or had a permit to carry that allowed open carry. I had given my permit to the first cop and she went inside and must have called it in. in the mean time all the other officers are trying to question me about why I am carrying a gun. I tell them "because it is my right and I have a permit to do so" at this time one of the cops tell me to "stop smarting off" to which I replied " I am just trying to inform you that all of my action have been legal." After about 10 minutes I get my gun back and am told to leave the premises. As I am driving away, before I even get onto the main street, one of the officers pulls me over. He then tells me that I am not welcome back at that Holiday store and if I return he will throw my ass in jail for trespassing... After he takes my license he goes back to his car. He comes back a few minutes later with a 'Notice of trespass' form.

I really feel I was harassed. As soon as they ran my permit shouldn't they have given me my gun back? They also accused me of wasting their time and liking the attention. I told them I didn’t need any attention and most of the comments I get lead me into conversations about where people can sign up for classes to get their own permit to carry. (Good press I think)
Was their any basis for me to be banned from the location? The manager never said ANYTHING to me. I was a paying customer...

I think its crazy that the cops didn’t even know you/we can have a permit to carry a gun. Aren’t they supposed to know the basic laws of the land?

Also very disturbing to see the HORRIBLE way I was talked to and treated after they found out everything was legit and legal. I wish cops could do their jobs without being such assholes. I was very polite and accommodating to their demands. I followed all of the orders and made sure to not come off snotty or anything.
UGH...

I have many witnesses to the event.


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 Post subject: I would call Holiday Corporate Offices
PostPosted: Sat Sep 20, 2008 1:59 am 
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Joined: Thu Aug 30, 2007 8:12 pm
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There was a few Supreme Court Decisions regarding stopping someone for being reported as carrying a firearm. This site has a very good summary of the laws.

http://policechiefmagazine.org/magazine ... _id=122005

I would also call the store manager and speak with them and also contact the corporte office to discuss your concerns and it may be helpfull to let them know of the amount of Minnesota Residents who have permits and who may choose to shop at another business.


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PostPosted: Sat Sep 20, 2008 4:10 am 
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Location: Duluth
Right or wrong this kind of response can be expected when you open carry.

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 Post subject: A few thought
PostPosted: Sat Sep 20, 2008 5:28 am 
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Joined: Thu Jun 29, 2006 1:52 pm
Posts: 211
Location: Greenfield, MN
First call a lawyer, they will be able to tell you if you have grounds for any further action.

Second file a complaint with the police department.

Third tell us what Holiday station it was so if others that want to adjust their actions can.


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 Post subject:
PostPosted: Sat Sep 20, 2008 5:42 am 
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gunflint wrote:
Right or wrong this kind of response can be expected when you open carry.


IN Minneapolis! Less so out state working with sheriffs because they know the law.

Unfortunate that it happened but most regular cops and regular people don't know it is legal to OC. Glad everything came out alright and get a copy of the police report.

I would create an official police and sheriff (very important because they own the job of education of the local PDs) report including the fact that no one asked you to leave until the police showed up.

This is harassment plain and simple. And the MPLS PD needs to give those officers an education on MN law (which they should know)! :roll: :roll: :roll:

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PostPosted: Sat Sep 20, 2008 7:21 am 
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We all need to know where that station is at so we can ALL boycott there place of business F'em! :wink:


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 Post subject:
PostPosted: Sat Sep 20, 2008 7:59 am 
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you need to retain counsel, and you need to get a copy of the security tape, and you need to not talk about it here anymore.

After previous events, all of MPLS pd should be well informed that open carry is legal.

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 Post subject:
PostPosted: Sat Sep 20, 2008 8:30 am 
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Who called the cops? How could they arrest you for tresspassing if you went back unless the store was posted? But you said it wasn't.

True, open carry in a big city is leaving you open to possible problems,t

But What's the sense of having a open carry law if we can't exercise the right ?

We pay the police to enforce the laws, they better know what they are!!

I'd pursue this issue as far as you can go.


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 Post subject:
PostPosted: Sat Sep 20, 2008 9:50 am 
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If some employee or manager at the store got scared (we know such a scenario is possible, if foolish on the part of the frightened person), there's a reasonable expectation that they might not want to indicate to the armed person that anything was out of the ordinary.

Sounds like someone freaked out, called 911, and then asked the police to trespass you based on the fact that you were visibly armed and not wearing a badge. The trespass thing is their right, regardless of the reason (unless, I imagine, the stated reason was something like "Irishmen and dogs not welcome").

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 Post subject: Re: Guns drawn, disarmed, yelled at, banned from premises...
PostPosted: Sat Sep 20, 2008 10:03 am 
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Joined: Wed Aug 24, 2005 1:19 pm
Posts: 333
Lowrangerider wrote:
Minneapolis police showed up at the holiday gas station I was at and made my girlfriend and I put up our hands while they pointed guns at us and disarmed me. I was open carrying my Glock 17c. I had just purchased some Alka-Seltzer and a bottle of water for my G.F. so I was a paying customer. The store is not listed as a no carry zone. After the first two disarmed me about ten more officers showed up and proceeded to question if MN allowed or had a permit to carry that allowed open carry. I had given my permit to the first cop and she went inside and must have called it in. in the mean time all the other officers are trying to question me about why I am carrying a gun. I tell them "because it is my right and I have a permit to do so" at this time one of the cops tell me to "stop smarting off" to which I replied " I am just trying to inform you that all of my action have been legal." After about 10 minutes I get my gun back and am told to leave the premises. As I am driving away, before I even get onto the main street, one of the officers pulls me over. He then tells me that I am not welcome back at that Holiday store and if I return he will throw my ass in jail for trespassing... After he takes my license he goes back to his car. He comes back a few minutes later with a 'Notice of trespass' form.

I really feel I was harassed. As soon as they ran my permit shouldn't they have given me my gun back? They also accused me of wasting their time and liking the attention. I told them I didn’t need any attention and most of the comments I get lead me into conversations about where people can sign up for classes to get their own permit to carry. (Good press I think)
Was their any basis for me to be banned from the location? The manager never said ANYTHING to me. I was a paying customer...

I think its crazy that the cops didn’t even know you/we can have a permit to carry a gun. Aren’t they supposed to know the basic laws of the land?

Also very disturbing to see the HORRIBLE way I was talked to and treated after they found out everything was legit and legal. I wish cops could do their jobs without being such assholes. I was very polite and accommodating to their demands. I followed all of the orders and made sure to not come off snotty or anything.
UGH...

I have many witnesses to the event.


How long were you in the store?


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 Post subject: Re: A few thought
PostPosted: Sat Sep 20, 2008 11:13 am 
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Location: FarmLakeMount
mmcnx2 wrote:
First call a lawyer, they will be able to tell you if you have grounds for any further action.

Second file a complaint with the police department.

Third tell us what Holiday station it was so if others that want to adjust their actions can.


I agree - especially which store it was.

As for the trespass, a business can pretty much trespass whomever whenever they want. I don't know the statute or ordinance saying so, but it's a common occurrence. I've received many calls from businesses saying they need an officer because they want to trespass someone.

Based on your time I'm assuming this was last night, of which I was not working so I can't attest to that side of the call. Tell me which station and what time (if you want, not trying to sound demanding here) and I can find it and see what the general tone of the call was from our side.

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 Post subject:
PostPosted: Sat Sep 20, 2008 11:18 am 
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There were witnesses too. I just read this story from a different point of view on a different board.

Why did the officer try and open your vehicle door for you and . . . why did you leave out the part about the officer getting startled by your pitbull? That, was funny.

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 Post subject:
PostPosted: Sat Sep 20, 2008 11:29 am 
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Joined: Sat Jul 01, 2006 4:35 pm
Posts: 78
Location: Iowa Arizona
Wow! That really sucks.

I think in that situation I would have gone minimum information. Name and I have a permit to carry. Period.

From what you say there was no reasonable suspicion for a 'terry' stop and although a cop can engage you in conversation, there is no legal requirement to talk to him except that if asked you must admit you have a permitted gun. Further the cop may ask to disarm you while he engages you in conversation. I understand this is legal in Mn.

I'd like to read again exactly how to disarm at the request of a cop.

Then I would simply stand there and let the cop(s) do all the talking. I would stand comfortably with my hands behind my back fingers laced. A friendly smile on my face. If an answer is demanded I would repeat my name and that I have a permit. Period. I would scrupulously follow all instructions.

Of course when you entered the Holiday you noted where the cameras are located and positioned yourself to be clearly video'd.

Now for a question to the board: Does my Utah permit entitle me to open carry in Mn?

This kind of over the top police response and a self defense shooting are the only things that give me pause about carrying. Reading these incidents is always an education which I appreciate.


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 Post subject:
PostPosted: Sat Sep 20, 2008 11:32 am 
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Joined: Sat Jul 01, 2006 4:35 pm
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Location: Iowa Arizona
Geez macx NO LINK???


Sipowicz I'd certainly like to hear the cops side. Thanks.


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 Post subject:
PostPosted: Sat Sep 20, 2008 11:44 am 
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Joined: Sat Jul 01, 2006 4:35 pm
Posts: 78
Location: Iowa Arizona
I kinda like what they do in Ohio.

Show up en masse.

Nothing say legal quite like 20 or 30 folks showing up all at once.


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