Author Topic: No gun signs  (Read 2593 times)

tombogan03884

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No gun signs
« on: October 14, 2014, 01:00:13 PM »
It seems that after all the crap TAB has taken on the issue of business owners being able to prohibit weapons in their business' he may be right, but not as he claims, on the basis of property rights.
Instead, it seems that the Bill of Rights is a limit on GOVT action, that does not apply to non govt entities.

http://www.quickanddirtytips.com/business-career/legal/store-security-and-your-rights?page=all

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First, it is important to identify what is not at issue here: the Fourth Amendment. As I discussed in previous episodes, the Fourth Amendment generally allows people to be free from unreasonable searches and seizures. But, this protection only applies to conduct by the government and its agents. This is known in constitutional law as the “state action” doctrine, and generally means that, unless the government takes action, the protections afforded by the Constitution are not implicated. Police officers are agents of the government, and when they act, your Fourth Amendment rights kick in.

So, if a police officer stopped you as you walked out of the store without sufficient reasons, then you would be able to invoke the protections of the Fourth Amendment against the search. However, because the security guard at Best Buy is not an agent of the government, the Fourth Amendment does not apply. The security guard is not compelled to abide by Fourth Amendment requirements, including the need for a warrant or probable cause to search. His search does not violate your Fourth Amendment rights.
- See more at: http://www.quickanddirtytips.com/business-career/legal/store-security-and-your-rights?page=all#sthash.Q6CVA4Vq.dpuf

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There is a lot more to the article, but since it deals with stores comparing your receipt to what's in the bags I didn't bother posting it.


TAB

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Re: No gun signs
« Reply #1 on: October 14, 2014, 02:45:42 PM »
You have to stop to let them check your bags.  unless its like at a club like Sam's Club or Costco.  you've already sign that you allow that.  on more than one occasion coming out of a Best Buy if told the guy you have two choices: say have a good day sir or call the police.  If they detain you and are wrong, lets just say that you will be getting free tvs from them for a long time.  If they detain you, call 911, have the police show up...


Long story short, I am the nicest guy in the world, just don'tfuck wirh me.
I always break all the clay pigeons,  some times its even with lead.

tombogan03884

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Re: No gun signs
« Reply #2 on: October 14, 2014, 04:21:22 PM »
Actually TAB you sound kind of like a miserable A-hole .  ;D
But go to the link and read the whole thing because that's exactly what it's about.
Some guy refused and now it's in court.

TAB

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Re: No gun signs
« Reply #3 on: October 14, 2014, 07:16:04 PM »
Tom, I said nothing about being searched I said detained.   now I can't speak for the rest of the country but in California if you detain someone for shoplifting and you are wrong you have committed a misdemeanor.  most other states have very similar laws.  you are always free to leave.  citizens arrest has very very strict circumstances into when you can actually do it.  heaven help you if you're wrong.  like I've always told all my friends that have done that job over the years,  if something does happen you're going to get fired anyways you might as well help them loaded into their car.  can't get arrested for that.   I would also like to point out that many states have laws that state you have not done anything until you leave the building.  in a different life I was a consultant for loss prevention.  if I were to list the names of some of the stores I've done consulting work for chances are 95% of the people here would know them. 
I always break all the clay pigeons,  some times its even with lead.

 

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