Home Depot ALLOWS concealed carry -- please stop urban legend

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That's good stuff, Alan.

I've always been of the opinion that any state or locality that prohibits you, by law, from being able to defend yourself must assume the liability for protecting you at all times. This case seems to bear that out, though the judges only applied it to business owners. The principle is definitely the same, in my opinion.

There's a Supreme Court case about the duty of the state to provide care when it legally restricts a person from providing it for himself. I need to try to find it. I know it involved a kid (12- or 13-year-old boy) and a state department of social services. Anyone help on that?
 
Found it.

DESHANEY v. WINNEBAGO CTY. SOC. SERVS. DEPT., 489 U.S. 189 (1989)

Several interesting items from this case:

(a) A State's failure to protect an individual against private violence generally does not constitute a violation of the Due Process Clause, because the Clause imposes no duty on the State to provide members of the general public with adequate protective services. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means. Pp. 194-197.
The State is under NO obligation to protect you. However,

(b)... the affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitations which it has imposed on his freedom to act on his own behalf, through imprisonment, institutionalization, or other similar restraint of personal liberty.
If I read that correctly, if the State prohibits you from being able to adequately defend yourself, then it has an affirmative duty to protect you, and is liable if it fails to do so. Reading further:

The affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf.
I think this case may have implications in the RKBA arena in MANY states.

Any legal eagles out there care to comment?
 
Here is the letter I just shot off to Home Depot. Everyone crank up the support. Don't just cut and paste a letter either, make it unique.

There is a rumor floating about the Internet that Home Depot is prohibiting law abiding citizens from legally carrying a concealed weapon into your Minnesota stores. I am a rare few in California that has a concealed weapon permit and more importantly I am one of many in California that supports the People's right to keep and bear arms. Prior to this rumor's circulation, I prefered to drive the 40 miles from my home to your Home Depot to spend my home repair dollars. I chose you over Lowe's and over the local home repair True Value center. I will no longer be shopping at your store. I will start shopping at the local True Value that not only sells ammunition at their store, but also has donated to the local chapter of the non-profit Friends of the NRA. As you might quickly learn, law abiding citizens that own firearms have money and they like to spend it. They will not spend it by supporting organizations or businesses that limit their legal rights with no other basis than misinformation and a anti-Constitutional bias. Nearly everytime I have entered your store, I have been armed. Thankfully, no one in your store ever knew I was armed because there was no reason for me to use my firearm in self-defense. Had there been an immediate threat to one of your employees or myself, I would have the same means law enforcement has to defend the lives of others. Think about the legal responsibility you might be putting you company in by prohibiting lawful concealed carry. If citizens are not allowed to protect themselves in your stores, you are assuming that responsibility for them. Should anything happen to those people because of your restrictions, you will be held liable. Whereas if you allow concealed carry as provided my Minnesota law, the responsibility is on the individual citizen and they will be held liable for any gross errors in judgement, which are generally rare among a properly trained and licensed citizenry. Either way, until Home Depot clarifies their policy regarding the lawful possession of arms by the public, I will not be shopping at your stores, I will be encouraging everyone I know to not shop at your stores, and we will not support an organization or business that restricts our rights to life, libery, and the pursuit of happiness. Thank you.

Wesley Morris,
Taft, CA
 
Think about this: The same thing that the government absolves themselves of; they impose on private industry.

At the same time they claim
A State's failure to protect an individual against private violence generally does not constitute a violation of the Due Process Clause, because the Clause imposes no duty on the State to provide members of the general public with adequate protective services.
for themselves they also claim
Generally, an ordinary business owner or operator, as opposed to a proprietor of a restaurant, inn, or similar establishment, is under a duty to exercise reasonable care for the safety of his or her invitees.
 
I sent the Home Depot a fairly brief message outlining that it would be unwise for them to post, and I made sure I told them that they would be getting more comments like mine...

Just use big words, like 'establishment' instead of store, and 'premises' instead of place.


Does anyone else know an establishment that posts these signs that I could send my comments too?
Trying to make a difference!!
 
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Lowes tried banning CCW. I called and talked with one of the V.P.s at the HQ office. We then generated hundreds, then thousands of letters.

Within three weeks, they pulled down the signs.

The ONLY thing that motivates business decisions is profit. When they really see sales disappearing (we faxed them receipts from their competitors each time we bought there), they almost always change the position.
 
I certainly hope you're wrong about Home Depot. We have one opening in Willmar this Thursday, Dec 4. I'm building a house, and was planning on using them for the kitchen design and most of the products I'll install myself.

I'll check when I stop by later this week.
 
My letter to Home Depot;

It has come to my attention that some of your stores in or around the state of Minnesota may be posting signs denying entry to citizens who lawfully carry a firearm. Though I do not live in Minnesota, I am a law-abiding citizen and a customer of Home Depot. Or should I say, Former Customer? That you would arbitrarily choose to penalize law-abiding citizens who lawfully carry is unconscionable. Have the socio-political ignorant so confused the issue, that they have successfully convinced you that the gun is evil?

If the policy of Home Depot is to deny the lawful carry of concealed weapons, I will do no business with Home Depot. I am not alone, and I'm sure Lowes would accept my business.

R. F. McWold


Their response:

Dear Mr. McWold,

Thank you for contacting Home Depot Customer Care.

Thank you for taking the time to provide us with this valuable feedback regarding your concerns about Home Depot's firearms policy. We will bring them to the attention of our executive team. For further information about The Home Depot please visit our website at www.homedepot.com to read current Home Depot press releases.

If we can be of further assistance, please email us again or call us at 1-800-553-3199.

Sincerely,

Sharon B.
homedepot.com
Customer Care Department

Am I being blown off? I feel like I've been blown off.:mad:

Where'd I put that Lowes add?
 
I just began remodeling my home. I did comparison shopping between these stores and it still cost me $6500 to complete my bathroom. Looks like I may have less running around to do this Spring than I thought. Interesting!
Kitchen is next on the list :)
 
For ready reference:
(800) 553-3199 Home Depot National Office
case number 868192

I don't think this is official yet. We need to be heard folks.


Call and press option 5. Give operator case number and opinion.

Just got off the phone with them. Easy as 1 2 3.
 
Good work! I will call again...

It's interesting some have gotten replies (although canned) and some (like me) haven't. The slience is defening...
 
HOME DEPOT *ALLOWS* *LEGAL* CONCEALED CARRY

Well, apparently the sign in MN was put up without corporate approval. Here's what I got:

--------------------------------------------------------------------------------

HOME DEPOT *ALLOWS* *LEGAL* CONCEALED CARRY


Here's the scoop. This morning we spoke to the person in charge of
ALL Home
Depot's nationwide policy. Every policy must cross his desk to be
approved.
He explicitly told us that:

1. HOME DEPOT does *NOT* prohibit legal concealed carry; in fact, they
consider it to be ridiculous and a public safety hazard. They do not
have
anything in their books on this issue, nor do they plan on putting it
in
their books. If it's legal in your state to carry concealed, you can
carry
in Home Depot, as long as you are following state law. Needless to
say, if
you are trying to have people notice you are carrying and your weapon
is
exposed or you are creating a public nuisance with a gun, you will be
asked
to leave. Corporate realizes that almost all CCW permit holders are
legal
and sane, and they will not discriminate against them.

2. Any store posting against legal concealed carry is VIOLATING
Corporate
Policy -- that is, they are not allowed to post these signs because
there is
no policy providing for a manager to post these signs. If they post
signs
against legal concealed carry, they are acting without Home Depot
authority
and should be reported.

The person who oversees Home Depots operations has given us his direct
office phone number to contact him with any stores that are posted.
If you
know of any Home Depot manager that is currently posting signs
prohibiting
legal concealed carry in their store, please email us with the store
number,
address, phone number, manager's name, and the wording and location
of the
sign(s) so we can let Home Depot know, and those signs will be taken
down.

Neal & Melissa Seaman
Neal@D... or
skypod@D...
Phone: (843) 716-0511
 
I think everyone should still shop at Menards. :D


I can say this because I am not in the least bit biased...but if you do happen to be in the Indy area stop in the Avon store and say hi to Nate in Floorcoverings.
 
This operator said, "I have no idea here. Why would you want to take a gun into the store?"

Simple answer: "Because it wouldn't do a very good job of protecting me if it wasn't with me when I actually needed it, now would it?"
 
I just email them.

Informed them that as an Army officer stationed overseas I was disgusted!

Asked them if they assumed I was a threat to them and their staff.

Told them I would not shop there again or continue to invest in their company if this were true.

I think something that we have been missing is the investment portion.
Need to be sure that we will also pull our money from them in that way also. They have had some rocky times and that may get their attention as well or better. I can't boycott what isn't near me. However, I can pull my investments!

Thanks for the info!

I have no idea why companies do these stupid things. Or for that matter get involved in the issue at all. Give money to cancer research and kids. You won't pi$$ anyone off that way.
 
HOME DEPOT ALLOWS CCW

I tried to edit my original post so that it reads:
HOME DEPOT ALLOWS CCW
but the system won't let me. I asked the moderator to do it, or close the thread.

We called. They retreated.

So again:
HOME DEPOT ALLOWS CCW
 
Closed to stop the spread of an Urban Legend.

Please continue discussion at http://www.thehighroad.org/showthread.php?s=&threadid=52890

Again, Home Depot's corporate policy is to allow concealed carry. If any individual stores are posting, they are violating corporate policy. Corporate headquarters has asked that if anyone observes their local store violating corporate policy, we contact headquarters and tell them about it.

pax
 
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