Academy sucks (open carry story)

Acera said:

p89cajun thank you for not pressing charges. That kind of contact was not an assault. It is that kind of frivolousness that many here are screaming for makes me want to puke.

You handled yourself as a man, good job.

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The employee's actions as described are technically an assault and battery. The OP may press charges. I'm not saying I would though.

I would just not shop there if it is important to you. I don't favor open carry in general except in the outdoors. At the present, it is a bit too "in your face". If you were carrying conealed, you would not have had this problem as they would never have known you were armed.

This country is entirely too litigious.

Just don't shop there anymore and inform people why they shouldn't either.
With the huge amount of free webspace and cheap blog space available these days, I'm sure you could get your opinion out there. A Youtube account and a cheap camera are all you need to vent your frustrations to any who will listen.

Don't be a pansy and file suit just because some doofus bumped into you.

shoving someone doesn't qualify as assault in most places, generally there has to be some kind of temporary or lasting injury. Harassment at best and it's not likely to see a court. However he should be fired for touching a customer in a hostile manor

However he should be fired for touching a customer in a hostile manner

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Probably so. The customer is always right unless it violates store policy or the law.

I have to agree about suing, in this case, being better than pressing charges. Though if you can get a conviction on the assault case(without injury I don't know if battery would be appropriate), it pretty much seals any liability cases.

My reasoning on the lawsuit is that lawsuits cost money. Cost businesses that are gun-prohibiting/phobic enough and they'll change. We simply need to change the view that allowing CCW/open carry as possibly expensive liability wise to prohibiting it as probably expensive.

It would be cool if people would start this type of thread in Legal, where probably everybody knows what misdemeanor assault is.

Just don't shop there anymore and inform people why they shouldn't either.
With the huge amount of free webspace and cheap blog space available these days, I'm sure you could get your opinion out there. A Youtube account and a cheap camera are all you need to vent your frustrations to any who will listen.

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That's a great idea.

It would get the word out there for almost anyone to see. If p89cajun wants to tell the world publicly how a certain individual at a certain Academy Sports & Outdoors store in Lafayette LA touched him, while ejecting him from the store....with his manager right there....supervising the action....then a YouTube video is a good way to do it.

He could send the link for the video to the manager at the Academy store.

Please pardon my ignorance.....

but is open carry legal in the state of Louisiana?

Post this to the open-carry board.

http://opencarry.mywowbb.com/forum26/

As you were escorted out the doors you should have asked to be shown where the no gun sign or policy is posted. If nothing was posted then how should the public know their policy?

I make it a point not to nudge touch or grab on people that are OC. I would have felt obligated to to educate the manager why it's a bad idea.

shoving someone doesn't qualify as assault in most places, generally there has to be some kind of temporary or lasting injury.

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That's battery not assault.

All I have to do is touch you, no matter how slight, for it to be assault.

That's why you get charged with assault for spitting on a police officer.

Misdemeanor battery doesn't need a lasting injury. An offensive touching is the minimum requirement. A store employee shoving a customer is an offensive touching to a reasonable person.

I wouldn't seek charges for such a battery. However, there seems to be some confusion as to whether or not we have a battery here.

This thread is hard to read. We shouldn't have to be here discussing the meaning of basic legal terms. It's otherwise an interesting thread.

That's battery not assault.

All I have to do is touch you, no matter how slight, for it to be assault.

That's why you get charged with assault for spitting on a police officer

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You don't have to actually make physical contact with someone for it to be assault. If I swing a baseball bat at you, or a flyswatter, Assault.

If I hit you with either, battery.

Then you have the whole ablility and intent to harm, but that's geting into it more technically.

California Penal Code 240 - 248 :
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.

Was it technically assault, yea. It was also battery. But no attorney would ever actually file on this, at least most of them wouldn't

If the shove had caused him to fall or hurt himself, different story. Either way the guy was out of line.

yeah I know this is old but I just had an experience at academy as well and I need to vent. A friend and I went to one to look for x39 (they are the only ones who have it for less than 10 bucks right now) and we notice a sticker placed on all the ar's and sig 556 and a couple of shotguns. The sticker says "This firearm can
not be sold to anyone under 21 years of age. *Except for members of active duty military". I have shopped there since they opened and those stickers were just placed there within the last week. So I ask about them and when the company policy changed. The man behind the counter says "thats the law, not policy" I know this is wrong and correct him. One of the other employees agrees with me and this guy begins to yell (actually yell) at me and the other employee that it is illegal for anyone under the age of 21 to own anything related to home defense or tactical. I asked if I, a 20 year old needed to be able to defend myself and to which he replied "your not intelligent enough to own guns since you don't even know the law". The other employee just walked away and I left very angry. I am now boycotting Academy for their policy towards "tactical" or home defense firearms and have called that mans manager and complained, so did my friend. Ignorance angers me, especially when it is someone selling guns and has no idea as to the gun laws.

+1 on calling corporate, they have a whole different mindset than the store manager

When he shoved you, you should have fallen down and yelled in pain for a minute or two, then limped your way out of the store. Then you'd be talkin big bucks.

I don't know about LA, but in Texas, if somebody acting with apparent authority for the store (e.g., a manager) asks you to leave for being armed, you must comply -- it doesn't matter what corporate policy is, or whether they had it properly posted.

I would follow up with a letter detailing the incident, and asking what their corporate policy is. Many times I've seen a manager act in complete ignorance of what the store's policy actually was.

It depends on how angry you are. A police report of the incident would also ruin the guys day. You were manhandled for no legitamate reason, while armed. It surely can't look good for the guy who caused the incident. If the tape backs you up, they will look pretty dumb, and the cops will want to see the tape. They will determine from the tape if you were assaulted.

Herohog writes:

Walk out, conceal, walk back in and they can't legally do squat.Doesn't mean they won't call the cops or hassle you, but by the letter of the law, they have no leg to stand on.

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Bad advice. He already knows the store policy and by walking back in again armed and concealed, he is knowingly and intentionally violating the store policy.

A police report of the incident would also ruin the guys day

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if i were the o.p., a police report would ruin MY day. so badly in fact i wouldnt even consider it.

also, lol, filing charges for battery or assault is a joke, so stop suggesting it to him. he has already shown enough common sense, not to mention having enough spine, to not consider it.

hes not a 90 year old granny, he is a grown man.

pressing charges for a little assistance to the exit garners the same respect as pouring liquid soap on the floor and faking a slip in hopes of easy money,,,,,,,,none.

the o.p. did everything just about perfect

LOL, All you screaming "assault, press charges" are missing that he was ask to leave private property, hadn't left and therefore is guilty of trespassing under LA law. He's best to shut his mouth and not legally press the issue; less he wants to be laughed at and charged with trespassing.

Now, as far as store policy I find it highly unlikely a hourly has any authority to ask anyone to leave. So I would press that issue first. Second, find out what Academy's policy is on people carrying firearms. 99% sure concealed is a-ok in compliance with LA law seeing as they don't post 30-06 signing, open they may very well not allow which is their right just as you have the right not to shop there.

Welcome to the Hell of OC. It's one reason I quit doing it. I got tired of getting thrown out of places and having the police called on me for noreason.

NOTHING GOOD COMES FROM ACADEMY THREADS!!! WHY ARE HIGHROADERS STILL SHOPPING THERE!!!

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Because Academy is actually not a bad store?

I just bought a Remington 870 Express from the folk at one of my local Academy's, and the transaction was flawless. I have three (3) Academy stores within driving distance of my house, and each one is stocked with more gun stuff than many gun stores, and the guys behind the counter actually know something about guns.

In this day and age of sporting goods chains abandoning the shooting sports en masse, I'm all for any store that still openly caters to the gunnie community. It seems awfully foolish to begrudge them a few bad apple employees or store policies that are set by corporate counsel.

Let's not throw the baby out with the bathwater.