Wal Mart

[pikid89]

So my question is, does the lady at the gun counter have the right to refuse a gun sale based on what she thinks i plan on doing with said firearm.

Heres how it went down

I had my eye on the full camo Rem 870 Super Mag at the wal mart near my home. She handed it to me and i was looking at it when my cell phone rang. It was my dad and he asked me what was goin on, i told him i was at walmart about to buy a gun, he asked what kind so i described it to him then told him i would call him back when i was through. i turned to the lady and said i would like to buy the shotgun

She flat out said "no"
I said why not and she said "because you were on the phone"

I guess she was afraid that i was trying to work a straw sale, (side rant, what is the difference between a "straw sale, and legally buying a gun, deciding you dont like it and selling it in a FTF private sale?)

so i argued with her for a while and showed her it was my dad on the phone but she wouldnt have it. I brought the issue to a manager who then told me that because the lady at the gun counter said no, that wal mart couldnt sell me the shotgun for the next 24 hours, (it ended up taking me 2 more tries at the store to finally get it but that is another story)

basically i guess what im asking is, does wally world have the right to do what they did?

 

[mptrimshop]

i believe they have that right

 

[N003k]

Well, yes, they don't HAVE to sell you anything if they don't WANT to.

Heck, they could decide one day not to sell to anyone that was wearing a red shirt....

 

[kingpin008]

Of course they do. They can refuse to sell to anyone they want, for pretty much any reason. The fact that you were trying to buy a gun doesn't change that.

 

[GRIZ22]

If a dealer has mere suspicion you are negotiating a straw purchase they have to deny the sale. Maybe she was pushing the envelope a bit but if she felt that the conversation you had with your Dad indicated you were buying it for someone else (I can see how she may have thought that) she did what she was supposed to do.

As has been said anyone can deny selling you whatever they want. It may be grounds for a lawsuit of some type but you can be denied.

 

[HcadetK]

Yes.

Although I see this is a bogus system, I see why they have to do so, I Know most of you don't want to hear this but Wal Mmart has been shown to be one of the easiest places to get a gun in the past which has led to violence so they are trying to crack down.

 

[Old Fuff]

They have a right to deny a sale, for any reason or no reason at all.

You have a right to take your money and walk.

I would have walked.

 

[Snowdog]

What's the difference between this and a small mom 'n pop store who refuses to sell to you for the same reason. It sounds annoying as heck and I know I would be upset by this as well. However, Walmart is a private organization that has the right to sell or not sell. Getting the manager involved was a good idea. I would think the employee at the counter can only get away with such excuses for so long if indeed she is abusing her ability to make such decisions.

 

[Mags]

I see their side of the story, it is a real bad idea to be talking on your cell while purchasing a firearm. Not to mention it is just impolite and down right rude.

 

[HGUNHNTR]

I would have denied the sale. People always gave me the excuse, "its for my dad, or my brother, etc etc etc, if that person isn't you, then you don't get the gun.

I would have suspected the same thing she did.

 

[kingpin008]

Honestly, if I thought it was a straw purchase, I would have denied him as well. Just because it was his dad on the phone, doesn't mean that his dad isn't a prohibited purchaser. Or maybe he had someone else call from his dad's line.

It might be a stretch, but it's not worth a visit from the Alphabet Squad if I have a bad feeling and ignore it because the kid "might" be legit.

 

[ants]

Well, it does say this, doesn't it?...

"A well regulated Militia, being necessary to the security of a free State, the right of the people to buy Arms at WalMart at smokin' hot deals, shall not be infringed."

Or was I just dreaming?

 

[M2 Carbine]

basically i guess what im asking is, does wally world have the right to do what they did?

Yes they do. They don't "have" to sell anything.

The local gun store manager will not sell guns to "Mexicans" because he doesn't want to possibly get involved in selling a gun to a illegal.
He even told the ATF and their answer was, You can refuse to sell a gun to whoever you want.

 

[50caliber123]

I have been offended myself in a similar situation, and I took my business elsewhere. If they deny me the sale of a product that is legal to own, and I have a clean record, then my money is too good for them and I let them know in said case I would gladly pay more at their competition and never enter their store again. I also said in that case I would advise all my friends and family to never shop there after telling them about the incident and do my best to get everyone I know never to do business with them again. Between my family and friends, that works out to several thousand dollars a year that store will never make again. Just that WalMart though. Others I haven't had an issue.

 

[SpecialKalltheway]

I was denied the sale of a shotgun at a pawnshop here in Colorado that I used to frequent for many other items. The owner refuses to sell firearms to legal non-citizens with their permanent resident card. I respected his right to deny me the sale of the shotgun and took my business down the street and bought a much nicer shotty within three hours. I also expressed my feelings to the owner and will never be back. I make many decisions with my wallet and that is one of them.

 

[bdickens]

Free Enterprise.

 

[Maelstrom]

basically i guess what im asking is, does wally world have the right to do what they did?

No. The proper response here would be to throw her onto the ground, straddle her with both halves of her shirt collar balled into your fists, get your face roughly half an inch from hers, and scream something about regretting this moment for the rest of her life.

It'll make you feel a whole lot better for a short period of time. Explain to the cops that show up that stress release is important for long-term cardiac function.....they'll understand.

 

[Bailey Boat]

If you were so pissed and put out, WHY in heck would you go back and purchase the gun there?????? In MY world, you piss me off and that's the last you'll ever see or hear of me..... Life's too short......

 

[rogertc1]

In a lot of places Wally World is the only show in town. They are everywhere. You know when you buy a gun they record the entire thing on their security camera. I would never buy a gun from them.

 

[Sav .250]

Now that`s weird.......

 

[TXNOx]

haha, Maelstrom, I am sure they will understand!

I agree with 50caliber123 and SpecialKalltheway and speak with my money. They have the choice not to sell and I have the choice not to buy.

 

[BBQLS1]

Well, it does say this, doesn't it?...
"A well regulated Militia, being necessary to the security of a free State, the right of the people to buy Arms at WalMart at smokin' hot deals, shall not be infringed."

Or was I just dreaming?

It applies to the government, not a private company.

 

[Birdmang]

^whooosh

 

[jackstinson]

FYI: On July 3, 2008 ( over a year ago) "Wal-Mart" became Walmart (with a sunburst on the end).
There is no hyphen, no asterisk, only the "W" is capitalized, and it is just one word.
Wallyworld is an acceptable colloquial alternative.

They can refuse service to whomever they choose....it's their business.

 

[CoRoMo]

what is the difference between a "straw sale, and legally buying a gun, deciding you dont like it and selling it in a FTF private sale?

A straw purchase is a purchase where question (12 a.) on form 4473 is answered dishonestly.
That question is: "Are you the actual buyer of the firearm on this form?"
Lying in the answer to that question means you would be making the purchase on behalf of someone else (excluding gifts), and the clerk thought you were about to do that.

Buying a gun, deciding that you don't want it, and selling it later is not the same thing, because when you bought that gun, you didn't lie on (12 a.).


IMO, buying a gun shouldn't be such a solemn process where you aren't allowed to take a phone call, talk to the friend who came with you, or to make whimsicle chit chat with the clerk. Heaven forbid!!! But then again, the laws regarding straw purchases make no sense at all anyway.

hth