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First open carry encounter

Mlutz

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Joined
Feb 26, 2010
Messages
758
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, ,
Seeing as you did leave the store, I hope you kept the receipt (from the store you went to.), and also sent it to Wal-Mart showing how much you would have spent at the store had you shopped there. Also, seeing as I am a member of the "Madison/Culvers 5" You are not the only one to be harassed for OC. You were not in the wrong, keep your head up.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Well, ideally, you will be the only one harassed. I haven't been harassed at all, and consider that a good thing!

Neither have I.

I OC'd at the Kalona Fall Festival Friday and Saturday. Got some looks, but no issues.

OC'd at Walmart in Washington on Saturday. Went to the Ammo department. Bought ammo, clay pigeons, and a new gun case. No issues.

OC'd at Bed Bath Beyond in Coralville on Sunday. Bought a pillow. No issues.

OC'd at Buffalo Wild Wings in Coralville on Sunday. Ate wings. No issues.


Everything depends on a persons attitude. If you can get to the point where you are comfortable with OC, then, I believe, you will be less likely to be approached. If it makes you uncomfortable, you body language will show that, and you will look "suspicious". Of course, that is my opinion. I can tell when someone is comfortable with it and when someone is not.
 

MKEgal

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Jan 8, 2010
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in front of my computer, WI
GeoffD said:
I have seen officers at that store before at all times of the day coming in and out of the room, or hiding behind a dress rack on the floor by the checkouts watching people shop.
For some reason, that just struck me as really funny.
:p :lol:
 
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Tucker6900

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Jul 10, 2008
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Location
Iowa, USA
It sure would be nice if I wasn't the only one....

Its hard being one of the only ones in your area to actually open carry. I am one of few in my area that OC. And so far have not been harassed for it yet.

Keep up the good work. The better we look while OC'ing the better off we will be.
 

matt2636

Regular Member
Joined
Mar 26, 2011
Messages
201
Location
cedar rapids
cedar rapidian here. this is something to ponder. according to iowa law you can carry open or concealed on private property with out a permit. correct me if im wrong but wouldnt wal mart be private property? along with anyother store/resturant/church/whatever which means by law you wouldnt have to show your permit until you steped out onto the side walk in front of wal mart which is public? unless of course the owner says no you cant have that in here you have to leave so you leave. place of business/residence is the samething when it comes to carrying.
 

Baked on Grease

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Jul 4, 2011
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629
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Sterling, Va.
cedar rapidian here. this is something to ponder. according to iowa law you can carry open or concealed on private property with out a permit. correct me if im wrong but wouldnt wal mart be private property? along with anyother store/resturant/church/whatever which means by law you wouldnt have to show your permit until you steped out onto the side walk in front of wal mart which is public? unless of course the owner says no you cant have that in here you have to leave so you leave. place of business/residence is the samething when it comes to carrying.

I am from Va. so I can't quote your own laws, but most of those laws I have seen read as "in his place of curtalige(spelling?)" which means your own private property, not any private property.

Sent using tapatalk
 
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matt2636

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Mar 26, 2011
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cedar rapids
I am from Va. so I can't quote your own laws, but most of those laws I have seen read as "in his place of curtalige(spelling?)" which means your own private property, not any private property.

Sent using tapatalk

i guess the point im trying to make is if the manager or the owner of the store says that they dont care if im OC on their property what legal obligation do i have to show my permit then? what if i walk into my buddies house and a cop sees me walk in. does that give him the right to follow me in and ask for my permit? i would say if you are asked to leave by the owner then yeah i guess i would show my permit to the officer considering i wasnt suppose to be carrying there in the first place. ive gottin into a fender bender in a private parking lot where i get my hair cut and the cops were called yeah they showed up but they said there wasnt anything they couldnt do cause it was still private property.
 

hermannr

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Joined
Mar 24, 2011
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2,327
Location
Okanogan Highland
The question is: with Iowa law, does the law say you must produce your permit "on demand", or with cause?

Secondly, the carry on private property: your own PP only? or on any PP with permission. You have to find your own law is and read it. In WA it is any private property with permission, or public property. OC in WA is legal without a permit. Cities, towns and counties have no say. www.hundgunlaw.us is a good place to start for the permit stuff. OCDO has a section on Iowa too.

Here in WA, the officer has to have "cause" to "demand" to see your permit (you were stopped because of some activity that was illegal/suspicious. OC in a holster in and of itself does not qualify as either).
 

Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
238
Location
Iowa
The question is: with Iowa law, does the law say you must produce your permit "on demand", or with cause?

Secondly, the carry on private property: your own PP only? or on any PP with permission. You have to find your own law is and read it. In WA it is any private property with permission, or public property. OC in WA is legal without a permit. Cities, towns and counties have no say. www.hundgunlaw.us is a good place to start for the permit stuff. OCDO has a section on Iowa too.

Here in WA, the officer has to have "cause" to "demand" to see your permit (you were stopped because of some activity that was illegal/suspicious. OC in a holster in and of itself does not qualify as either).

On Demand. The law is written in such a way that the mere carrying of a firearm within the limits of a city is considered the crime, and the exception doesn't occur until the permit holder presents the permit to the officer(assuming for the next 80 day's the behavior is within any restrictions that may be on the permit).

1. Except as otherwise provided in this section, a person who goes armed with a dangerous
weapon concealed on or about the person, or who, within the limits of any city, goes armed with
a pistol or revolver, or any loaded firearm of any kind, whether concealed or not, or who
knowingly carries or transports in a vehicle a pistol or revolver, commits an aggravated
misdemeanor.
...
4. Subsections 1 through 3 do not apply to any of the following:
...
i. A person who has in the person's possession and who displays to a peace officer on demand a
valid permit to carry weapons which has been issued to the person, and whose conduct is within
the limits of that permit. A person shall not be convicted of a violation of this section if the
person produces at the person's trial a permit to carry weapons which was valid at the time of the
alleged offense and which would have brought the person's conduct within this exception if the
permit had been produced at the time of the alleged offense.
 

Tucker6900

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Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
i dont think anyone is getting my private property discussion.

I get what your trying to say. My opinion is that if you are legally allowed by the property owner to be on/in the property, then one would believe that no permit is required.

IANAL, but if you were on my property, you would be there with my permission, therefore, no permit needed. It all depends on how a judge would interpret the law and how it reads.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
On Demand. The law is written in such a way that the mere carrying of a firearm within the limits of a city is considered the crime, and the exception doesn't occur until the permit holder presents the permit to the officer(assuming for the next 80 day's the behavior is within any restrictions that may be on the permit).

Just out of curiosity, what is the 80 days in reference to?
 

matt2636

Regular Member
Joined
Mar 26, 2011
Messages
201
Location
cedar rapids
I get what your trying to say. My opinion is that if you are legally allowed by the property owner to be on/in the property, then one would believe that no permit is required.

IANAL, but if you were on my property, you would be there with my permission, therefore, no permit needed. It all depends on how a judge would interpret the law and how it reads.


im glad you get what im trying to say. so then if the manager/owner says you dont have to leave thats permission from the property owner correct? in this case i think we are talking about the guy that carried in wal mart and the security guy who is a cop said he had to show it and the manager wanted him to leave. BUT the manager doesnt really own that wal mart right? because ive seen post (and i would have to try and find them if i can) that people have written the corperate office of wal mart and replyed back with basically saying "we adhear to the state laws that the wal mart is located in" so does this over pass what the manager wants?
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
im glad you get what im trying to say. so then if the manager/owner says you dont have to leave thats permission from the property owner correct? in this case i think we are talking about the guy that carried in wal mart and the security guy who is a cop said he had to show it and the manager wanted him to leave. BUT the manager doesnt really own that wal mart right? because ive seen post (and i would have to try and find them if i can) that people have written the corperate office of wal mart and replyed back with basically saying "we adhear to the state laws that the wal mart is located in" so does this over pass what the manager wants?

Basically yes.

I have yet to be approached by anyone, LE or other, in three walmart stores. And yes, Walmarts corporate policy, along with Best Buy, Starbucks, and a couple others, is to follow state and local laws.

The manager needs to know, if he doesnt already, what his stores policy is. Its baciscally thier little government. Corporate is the "state", stores are the "local governing body". What corporate says, goes.
 

Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
238
Location
Iowa
Just out of curiosity, what is the 80 days in reference to?

That's how many days from when I posted that remained where it would have been possible for a person to have been issued a 1 year permit that still has restrictions put on it. All permits issued in 2011 and forward will not have any restrictions on them. I don't know of anyone who didn't specifically go get a new 5 year permit without restrictions if they had them, but the possibility exists so I figured I'd mention it.
 
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