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Pulling Carry Gun in a Gun Shop

Discussion in 'General Gun Discussions' started by orygunmike, Jun 23, 2004.

  1. orygunmike

    orygunmike Member

    Apr 6, 2004
    Portland, Oregon by way of Southern California
    So...Saturday I am at the gunshop...looking at several guns and having good conversation with the fellow behind the counter. Another fellow engages in our conversation..and starts telling me what a great gun the Sig is that i"m holding. He goes on to tell me that it is his carry gun and how much he likes it. The next thing you know, this guy is reaching into his waist and pulling his carry gun from the holster, pointing it towards the salesman while doing so. And then proceeds to continue saying what a great gun it is.

    Needless to say the mood changed.

    After I requested he put the gun away, and he did...me and the salesman go back to talking guns.

    Here is my question for all you CCW folks out there (I am not): Was this a violation of the Oregon CCW law? No fair saying what you would have done had you been in the store...I'm really just wanting to know if this guy was in violation of the state's Concealed Carry law, or if being in a Gun Store somehow makes it OK to dislpay your carry gun
  2. Wildalaska

    Wildalaska member

    Dec 24, 2002
    Anchorage, Alaska
    Ya draw a gun in our shop when I am there without asking first...you are asking for trouble.

    Ya want to have agun in your hand it better have the action open otherwise.... keep it under your shirt.

  3. Valkman

    Valkman Senior Member

    Jul 31, 2003
    North Las Vegas, NV
    Whether he voilated the law or not he's lucky he didn't have a few guns pointing back at him. He violated the "Dumb A$$" law. :uhoh:
  4. sm

    sm member

    Dec 22, 2002
    Between black coffee, and shiftn' gears
    I don't know about Oregon.

    I have been in a gunstore both in home state /out of town where I was legal to CCW and been asked to show my carry gun. [ I knew the gun store folks]. I either went to the "clearing bucket" , or to 'safe area" in shop where testing is done, made safe and walked back out to customer / gun store fella with cyl open/ slide back , mag out and in safe. Grip first to Gunstore person who again checked to make safe. If for a customer to view, we watched to make sure customer followed this safety protocol as well.

    Reverse order, using safe area to make ready for carry, conceal and I went on my way.

    4 Rules, Gunstore etiquette, 4 rules, permissions, 4 rules, courtesy, and 4 rules.

    This was with folks I knew, and folks as customers the gunstore folks knew and trusted. If I was asked to come by with a certain gun, I entered with action open, safe and presented to gunstore owner . I CCW-ed something else.
  5. pax

    pax Senior Member

    Dec 24, 2002
    Washington state

    Can't remember Oregon's brandishing statute off the top of my head.

    If it had happened on this side of the river, it would definitely have been out of legal bounds. Washington's statutory language about brandishing is, "It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons."

    One reasonably expects to see weapons in a weapons shop, so the mere display of someone's gun wouldn't be in violation. However, if he pulled his gun with an intent to intimidate people, or if his gunhandling were careless enough that bystanders were alarmed, he'd be in violation even if he was standing in a gun store at the time.

  6. SKN

    SKN New Member

    Dec 27, 2002
    I don't have the exact language in front of me but IIRC the ORS for menacing makes it an offense to point a firearm at someone except in self defense. Statute law makes no exceptions for location, I'd have to research any case law on that issue. I think that it would be a technical violation of the statute if the clerk wanted to make an issue of it.

    Do you know if he actually had a CHL or was it an assumption made all around?
  7. KMKeller

    KMKeller Senior Member

    Dec 24, 2002
    At my regular range, it's ok provided you go out into the firing area and unload/make safe. Then you can return to show everyone.
  8. Obiwan

    Obiwan Senior Member

    Mar 18, 2003
    Very poor manners at the very least
  9. ScottS

    ScottS Member

    Apr 22, 2003
    Live Free or Die
    Some things are illegal.
    Some things are stupid.
    Not everything that's stupid is illegal.
    Not everythng that's illegal is stupid.

    I try hard not to do anything illegal.
    I try harder not to do anything stupid.

  10. sturmruger

    sturmruger Senior Member

    Jan 4, 2003
    NW, WI
    Definetly not one of the smarter things that guy could have done. If I was the shop owner I would have reamed his butt out and sent him packing.

    Very well put Scott.
  11. dukeofurl

    dukeofurl Member

    Aug 5, 2003
    Central FL
    IMO - if it was my business, upon seeing the gun come out of the holster and pointed at my staff I'd be a little on edge.

    Someone starts to point somethiing at me, I'll either hit the deck or push the muzzle away from me and proceed to tell them to get the F**K out.

    Granted, it may not have been loaded but it was damn near impolite.
  12. El Tejon

    El Tejon Senior Member

    Dec 24, 2002
    Lafayette, Indiana-the Ned Flanders neighbor to Il
    O.K., everyone put the derringers away. We all have them. Moe the bartender.

    Tell him to leave the :cuss: gun in the :cuss: holster!!!

    How many times do we have to read on THR about people playing gunshow or jacking around with cousin Billy Bob's raffle gun while jawing about the state of the world's moonshine supply who set themselves or their property on fire? Don't coon finger it, don't play gunshow, don't say "hey, y'all watch this!".

    Even if not in violation of criminal or administrative code, leave the gun alone and don't YeeHaw it out. A pistol in a holster is like a car in the garage. It's nice and safe there and available if you need it.:D
  13. Zundfolge

    Zundfolge Senior Member

    Dec 24, 2002
    Colorado Springs
    RULE #1: ALL guns are loaded.

    At any rate, this would be a good place to look for the Oregon Statute: http://www.packing.org/state/index.jsp/oregon
  14. larry_minn

    larry_minn Senior Member

    Jan 1, 2003
    Heck I don't like doing this even in gun shop where I am known. If customers I won't. Actually only time was when a new gun had a minor malfunction that I had bought there. They wanted to fire it into the test barrel. Worked fine for two mags so they had me do it and they noticed my thumb was riding the slide catch down. Slight change in grip and all is good. Another time to check holster and they didn't have example on desplay. I still got the OK from salesperson.
    I did put my hands on it when we had a couple gang bangers act rather strange. BACKED up to door and driver stay in running car. Passangers remove a uncased pump shotgun from trunk and other gent looked to have something behind his jacket....
    Two (likely) POS came in and noticed we were rather spread out. One salesman had 12 guage shotgun in his hands (elevated counter area so they were always ABOVE customers) Other sales guy had his pistol in hand and I was partly behind a safe. Guy looked around/at buddy/and left. NOBODY threatened them. NO guns aimed at them and I doubt they could see guns in hands of store personal. The three of us did give them our UNDIVIDED attention.
    What really bugs me? My thought I can remember today was "Let the store staff shoot them so you don't have to deal with Police/courts/lawyers."
    I was INTENDING to hold off in hopes the store personal could handle it (which was likely) for my own comfort. Sad thing is I really haven't changed..... One ridealongs I tell Officer they get paid/council provided if they shoot someone. I have to pay for my own ammo....
    Firearm training class question is would you shoot if person came in only door with sword and yelling he was going to cut everyone into (raw fish) Sushi?. I said as there were 8 other folks with guns PLUS two instructors and I was 3 tables from door I would let someone else shoot him. :(
  15. GEM

    GEM Senior Member

    Apr 11, 2004
    Guy should be given a dunce cap and a stool in front of the store. What a damned idiot. He points a loaded gun at someone. Lucky he didn't get shot.

    I'm almost willing to have that guy's permit suspended for a year or something like that.
  16. JeepDriver

    JeepDriver Member

    Dec 25, 2002
    White Marsh, Maryland
    The shop I work at requires all CCW holders and LEO's to tell us if they are carrying.

    Mainly because of bone heads like that. We have had to many people pull or unholster loaded handguns w/o any type of warning.

    We have a large sign on the door (in the shape of a STOP sign) that states the all off duty police and CCW holders inform the Range officers that they are carrying.

    Yet the off duty police feel they don't have to follow our rules :fire: And they also still feel that they should be allowed to use our range. I wonder what would happen if I didn't tell them I was carrying and just decied to pull out my carry piece?
  17. Variable

    Variable New Member

    Nov 29, 2003
    "166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both."

    Thats from the oregon statutes. The way I read it, it could be a coin flip. He did point the firearm at the guy. However did he do it "purposely"? Probably not, he could use a class on safety though!
  18. Rebeldon

    Rebeldon Member

    Jan 2, 2003
    What an idiot. Most gun stores I frequent have signs that read something like this:

    "For your safety and ours, no loaded guns are permitted on premises"
  19. crucible

    crucible Member

    May 5, 2004
    Sterling, Va
    And if a "gun" store goes out of it's way to disallow (in particular) CCW holders from being armed in thier stores-they get no business from me. Ever.

    If a gun store doesn't want law abiding citizens who have been approved by the state to carry concealed in thier store, then they are as bad as any other business who goes out of it's way to disallow legal CCW holders, and they deserve no better treatment than say, your Kroger's in Ohio, or any other stores that go out of thier way to disallow law abiding CCW holders.

    In fact, they deserve worse, as 'they' are supposed to be on 'our' side. Cripes, the anti's hate us enough without being able to point to gun stores and say "even gun stores don't want armed citizens".

    (Brandishing, stuipidly so like was mentioned earlier has nothing to do with this issue, despite being a very foolish thing to do.)

    Cruc, who just posted his first post but has been lurking for some time, Cruc
    Last edited: Jun 23, 2004
  20. Rickstir

    Rickstir Member

    Dec 31, 2002
    Close by the Elk Fork of the Salt River
    Similar to sm,

    I have asked permission to bring out my weapon when shopping for holsters. Make safe, have him verify it is safe, then make to the holster isle (with a salesperson) to look and try fit. Got back to normal carry status before exiting.

    I shoot/shop at this store frequently. They know me.

    It is strange thought how the hair on the back of my neck goes up when some other custormer starts handling firearms. I just kind of stop what I am doing to make sure they know what they are doing. If I don't think they do I put a lot of merchandise between them and me.:rolleyes:

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