Testing the Law or Exercising His Rights? Local Man Walks into Restaurant with Holstered Gun

fox8.com ^ | March 19, 2009 | Elisa Amigo

[Jet Jaguar]

Police say he was "testing" the law, but one local gunowner says he was exercising his right to bear arms.

Tuesday evening, witnesses called police after a man with a gun in a holster was spotted walking in the Taco Bell restaurant on Day Drive in Parma.

Although the Taco Bell restaurant did not have any signs prohibiting weapons from being on the property, customers grew nervous.

The gunowner, Bill Carlisle, says as soon as he walked out of the restaurant, he was surrounded by police. "I came, I ate my dinner, I walked out and there the police were. The first thing they asked me was to stay where I was and put my hands on my head," says Carlisle.

Parma police captain Robert De Simone says Carlisle pulled out a tape recorder and then complied with the officers orders.

"An officer would have to be a moron to go up and talk to someone without saying put your hands away from the weapon," says De Simone. After running a background check, Carlisle's gun was returned. He was not arrested or charged.

Unless there a signs prohibiting weapons from being allowed on the property, police say according to Ohio's "open carry" law, any law-abiding citizen is allowed to carry a loaded weapon in public as long as it's not concealed.

[MissDairyGoodnessVT]

In Yemen men carry arms, too.

[21twelve]

Oh I think he did.

Know how it operates? Check.

Always keep it pointed in a safe direction? Check.

Always assume that it is loaded? Check.

Keep your finger away until you have acquired the target? Check.

(Wait - was this about guns, bad food or sex?!)

[Ronin]

An armed society is a polite society.

Robert Heinlien

[Slings and Arrows]

I got it. Take the 4 gun safety rules, substitute *beep* for gun, and you’ll see what I mean.

[SWAMPSNIPER]

Beginning when I was 11 I rode my bike all over the county with a .22 rifle or my shotgun, no one even noticed, it was common for kids to hunt alone. Hardware stores would even sell you just 3 or 4 shotgun shells if you couldn't afford a whole box.

Liberals keep telling me how much better they have made things, but I've yet to notice anything worth trading my freedom for.

[TexasRedeye]

I've been told that's true, except when you're in your car on Texas highways. ...was recently told by a Texan that on the highways in Texas, firearms have to be zipped up in firearms cases and unloaded.

Absolutely incorrect info! A handgun or a long gun may be carried openly or concealed in a vehicle by anyone (who can legally own such firearm) anywhere not otherwise marked (in accordance with a strict labeling Texas law) as a "Gun Free" zone such as a mall parking lot. Such weapons can even be carried onto school parking lots legally. Vehicles are covered by "Castle Doctrine" law and no permit is required for carry in a vehicle or any domicile even if it is a hotel room. Of course, with a concealed carry permit, a weapon may be carried virtually anywhere (including churches) other than a gov't facility or an establishment that derives MORE than 50% of its income from the sale of alcohol and then it must be plainly posted by the establishment in large red letters at every entrance to the establishment.

[abb]

http://www.thenewsstar.com/article/20090320/NEWS01/903200312/-1/NEWSFRONT2

Tech student wearing gun in Wal-Mart arrested

[Rebelbase]

“Imagine some strange goon wearing a pistol and knocking on your door, while you’re at work.”

Yep, the sign in my front yard, “no guns, please” is sure gonna keep the goons at bay while I am away from the house.

[Quix]

I don’t know that it would cause much of a ruffle in a lot of Western States.

Unless . . . maybe . . . if there were a host of brain-dead liberal idiots in the Restaurant at the time . . .

[Leftism is Mentally Deranged]

I would never eat at that Taco Bell again.

[TYVets]

He has the right to open carry, and restaurant managers have their property right to check weapons (keep them, until the customer leaves) or to make him to leave the weapon elsewhere.

I as a customer have the right to leave that store, restaurant, etc without making a purchase never to return.

If I see a sign at says No Guns Allowed I leave. If I have time, I tell the manager about my displeasure and why I will not be back.

[Thermalseeker]

Liberals keep telling me how much better they have made things, but I've yet to notice anything worth trading my freedom for.

When I was in high school in Georgia in the late 1970's it was common for guys to have their shotguns or deer rifles in their car or truck at school during deer season because a lot of guys would hunt before school. All the guys I went to school with carried pocket knives, too. Nowadays, try carrying a pocket knife to school and you'll wind up in jail. Carry a gun in your vehicle and they'll put you under the jail.....

[Mad Dawg]

Yeah, well, me too, in my misspent youth.

But I've been thinking about riding my motor scooter to the range with my AR slung over my back. My guess is I'd never make it to the range.

O'Bummer and Congress are trying to make this place into a 3rd world banana republic. We'd better get used to having some serious weaponry ready to hand.

[Mad Dawgg]

"When I was in high school in Georgia in the late 1970's it was common for guys to have their shotguns or deer rifles in their car or truck at school during deer season because a lot of guys would hunt before school. All the guys I went to school with carried pocket knives, too. Nowadays, try carrying a pocket knife to school and you'll wind up in jail. Carry a gun in your vehicle and they'll put you under the jail....."

When I was a Freshman I took my .22 Rifle to school to tap a couple of holes in it for a scope. The Principle saw me with it as I was walking into shop class. He asked to see it so I handed it to him, he looked it over put it too his shoulder and sighted it out the window. Handed it back and asked what I was going to do with it in shop.

I told him about adding the scope and he smiled and handed me the weapon back and told me to make sure I could still use the iron sights while the scope was attached, then he left.

If I were a student today and did that the FBI would have been called in and I would be featured on CNN as a nut job gun lover who was going away to prison for life.

[familyop]

Absolutely incorrect info! A handgun or a long gun may be carried openly or concealed in a vehicle by anyone (who can legally own such firearm)...

Let's see, did the "Texas Castle Doctrine" (SB 378?) go into effect on 9/1/2007? Emphasis in bold is mine below.

---

The Texas Department of Public Safety
http://www.txdps.state.tx.us/administration/crime_records/chl/relatedlaws.htm

Current laws as of September 1, 2007 (PDF)
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

Excerpt from "TEXAS CONCEALED
HANDGUN LAWS
AND SELECTED STATUTES

2007-2008

PC W6.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control
(a-I) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
[...]

---

And on hunting regs.,...

---

http://www.tpwd.state.tx.us/publications/pwdpubs/media/pwd_bk_w7000_0112a_means_def_acts.pdf
LEGAL GAME, BAG AND POSSESSION LIMITS, AND MEANS AND METHODS OF HUNTING
PROHIBITED ACTS [excerpt]
"possesses a loaded firearm within or on a motor vehicle except as provided for a disabled person (see page vii),"

[donmeaker]

Unless you are traveling at through 3 counties, with the burden of proof on you.

[Ipponed]

That’s a good principal. Where are they today, and why can’t we fire all these a**hats who suspend drill team members for having obviously phony drill-team rifles in their cars?

Weapons are not the problem, kids who don’t know right from wrong are the problem.IMHO

[donmeaker]

Of course there should be a rash of 911 calls reporting people with holstered pistols eating or purchasing doughnuts, or driving.

(That they are wearing police uniforms should not be material).

[Robe]

OK let me get this right....A store owner by putting up a sign nullifies my second amendment rights?

[MamaTexan]

This is why Texas needs to leave the union - we still have a tradition of open carry of long arms and we’d like to keep it, thank you very much...

An accurate interpretation of the RKBA in the Texas Constitution would acknowledge the right to carry either openly or concealed ....period.

Even down here, the-powers-that-be won't admit to the full scope of the People's rights.