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 Post subject: Being asked to leave a store.
PostPosted: Wed Sep 04, 2019 10:05 am 
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Joined: Thu Jul 21, 2011 4:20 pm
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Location: Newark
Question. When in an establishment does the manager have to ask you to leave or can it be any employee?

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 Post subject: Re: Being asked to leave a store.
PostPosted: Wed Sep 04, 2019 2:49 pm 
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rosco87 wrote:
Question. When in an establishment does the manager have to ask you to leave or can it be any employee?
You can always ask to speak with the manager. If s/he is not available, ask for manager's name and phone number, and get the employee's name... then leave.

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 Post subject: Re: Being asked to leave a store.
PostPosted: Sun Sep 08, 2019 9:50 pm 
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Location: New Castle, DE
To be very clear, any employee or person acting on behalf of the property owner or manager may ask you to leave and you must comply. You may ask to speak with a manager, but they are under no legal obligation to get one. The best thing to do is to leave, then call or go back and request to meet with the manager.

Sometimes, an employee may overstep their bounds within the company by asking you to leave outside of their policies, but you are still legally required to comply.

Not leaving, or not making the effort to leave after being requested is trespassing. Waiting for the cops will only make things worse.

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Basic Gun Safety by Jeff Cooper:
1) All guns are always loaded
2) Never let the muzzle cover anything you aren't willing to destroy
3) Keep your finger off the trigger until your sights are on the target
4) Be sure of your target and what is beyond it


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 Post subject: Re: Being asked to leave a store.
PostPosted: Tue Sep 10, 2019 5:51 am 
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In my little mind, one of the problems with not leaving is the possibility of setting yourself up for the employee to say that you seemed threatening or intimidating. In other words, “when I asked him to leave, he became agitated, and kept placing his hand near his gun. I was scared that he was going to shoot me, and he was speaking in a threatening tone.” Next thing you know, another employee is pulling the fire alarm, people are running for their lives, and you’re getting arrested.

Which is why i find concealed carry a whole lot easier ...

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 Post subject: Re: Being asked to leave a store.
PostPosted: Tue Sep 10, 2019 3:10 pm 
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CorBon wrote:
In my little mind...

Which is why i find concealed carry a whole lot easier ...


But since this is an open carry website, that’s besides the point.

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 Post subject: Re: Being asked to leave a store.
PostPosted: Wed Sep 11, 2019 3:20 pm 
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Amy Blackthorn wrote:

But since this is an open carry website, that’s besides the point.


Given how things are progressing, concealed carry may be the only type of carrying that we’re left with. Even the idea of boycotts only has so much leverage, because it’s difficult to boycott every place that sells products or services.

To me, all of this is starting to circle back to how thing were in this area a decade ago. That was when a lot of these folks were on the wrong end of MWAG calls. The hysteria that the media is drumming up basically is getting everyone paranoid. An 80-year-old with a holstered single-action would get reported on as a crazed-man with an M60 and bandoliers slung over his chest — pointing the weapon at babies.

For OCers, when asked to leave — the best option is to just leave. Others may have different advice or opinions, though.

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 Post subject: Re: Being asked to leave a store.
PostPosted: Thu Sep 12, 2019 12:08 pm 
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Location: New Castle, DE
Just to be extra clear, no matter the reason (with exception to discrimination based on legally protected classes), if anyone that works for the store/location asks you to leave, you are legally required to leave. It's not just good practice to leave when asked, it's the law. It can be security, a cashier, a stock room worker, the manager, the property owner, the janitor, or the person collecting the carts in the parking lot. All of them, legally speaking, have the authority to tell you to leave.

Once you have left the property, if you feel you have been unduly discriminated against, the best course of action is to either return to the location on another day (provided you haven't been barred from the location), or call or email the manager to ask them about it. Some corporations do not give all of their employees the right to refuse service (walmart specifically comes to mind), but that is a corporate policy and not the law. While that employee may be reprimanded by their boss, the police will still side with them, especially if the manager also agrees with their employee.

_________________
Basic Gun Safety by Jeff Cooper:
1) All guns are always loaded
2) Never let the muzzle cover anything you aren't willing to destroy
3) Keep your finger off the trigger until your sights are on the target
4) Be sure of your target and what is beyond it


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 Post subject: Re: Being asked to leave a store.
PostPosted: Thu Sep 12, 2019 12:52 pm 
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Thanks my wife asked me that question and I paused and said I never thought of that let me find out. Yall are great!

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They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety
Delaware CCDW


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 Post subject: Re: Being asked to leave a store.
PostPosted: Thu Sep 12, 2019 3:03 pm 
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Joined: Sat Oct 11, 2008 12:19 pm
Posts: 1048
Location: New Castle, DE
I usually try to cite my sources and I apologize for not having done so, but this isn't a specific law that states anyone can do it, it's just standard accepted practice and basic case law.

I've done around a decade of security from as low as being a mall cop up to high end corporate security and investigations on a national level. Every company I have ever worked for and every trespassing situation I've dealt with has always been pretty straightforward.

Again, I apologize for not providing specific sources, but a quick Google search will provide many results of lawyers giving the same information.

_________________
Basic Gun Safety by Jeff Cooper:
1) All guns are always loaded
2) Never let the muzzle cover anything you aren't willing to destroy
3) Keep your finger off the trigger until your sights are on the target
4) Be sure of your target and what is beyond it


 Profile  


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