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Testing the Law or Exercising His Rights? Local Man Walks into Restaurant with Holstered Gun
fox8.com ^ | March 19, 2009 | Elisa Amigo

Posted on 03/19/2009 11:24:04 PM PDT by 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Ohio
KEYWORDS: bang; banglist; freepthispoll; shallnotbeinfringed
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To: TexasRedeye
Your as wrong as the first poster was. You can have a handgun in your vehicle for protection while traveling, as long as it's concealed in the vehicle, not on your person. If you have CCW then it must be concealed on your person or concealed in the vehicle.
41 posted on 03/20/2009 4:47:15 AM PDT by Dusty Road
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To: donmeaker
In TX the property owner has a right to keep weapons off they're property. I have people coming on my place all the time, working on wells and associated equipment. I have signs posted on all my cattle guards saying no firearms allowed. If I catch ya with one your off my place forever, if I catch ya poaching you're going to jail.
42 posted on 03/20/2009 4:53:55 AM PDT by Dusty Road
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To: TYVets
"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.
"

That's true. But we would also quickly find out who most of the liberals in our country are, and the realization would probably surprise most of us. IMO, if required to keep visible weapons out, nearly all of the owners of public businesses would have those signs posted.


43 posted on 03/20/2009 4:56:08 AM PDT by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: donmeaker
"Unless you are traveling at through 3 counties, with the burden of proof on you."

The laws are a mess. IMO, open carry in vehicles should be legal everywhere. But we know that some municipals--especially large city interests--are going to continue to fight that, and we know why.


44 posted on 03/20/2009 5:02:40 AM PDT by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: Thermalseeker

In the mid-sixties when I was in the 8-9th grade we would bring our shotguns to school on the bus. We had to leave our ammo at the office, but we got to keep our guns in our lockers. After school we’d go hunting pheasants with our buddies. This was in Kalifornia, Bear River Jr. High in Wheatland. It was a rural area with wheat and rice fields that provided great pheasant/duck hunting. Some kids even rode their horses to school. Things sure have changed.


45 posted on 03/20/2009 5:03:39 AM PDT by panaxanax (Those who beat their swords into plowshares will plow for those that don't.)
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To: Dusty Road

I occasionally carried on my property. It annoyed my ex-wife no end, but that wasn’t the reason why I did it.

Texas used to (I moved away in 2002) have a law permitting the use of deadly force to keep someone from stealing your car. Rationale: there are many dry places in Texas where theft of a car amounts to a murder. Preventing theft is a form of self defense.


46 posted on 03/20/2009 5:09:44 AM PDT by donmeaker (You may not be interested in War but War is interested in you.)
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To: donmeaker

There is no burden of proof needed when traveling in TX, you can have one in the vehicle even if it’s just a trip to the grocery store.


47 posted on 03/20/2009 5:11:01 AM PDT by Dusty Road
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To: Robe

Nope, but the store owner’s property rights supersede your 2A rights ON HIS PROPERTY because you don’t have to patronize that store. You have the right to take your business elsewhere.


48 posted on 03/20/2009 5:11:31 AM PDT by Axeslinger (Where has my country gone?)
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To: donmeaker

A rifle and a handgun ride in my truck daily.


49 posted on 03/20/2009 5:13:09 AM PDT by Dusty Road
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To: 21twelve
My rules.

If you are pointing it be shooting it, if shooting it make sure the target is dead.

50 posted on 03/20/2009 5:15:00 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: LukeL
I would be more worried about what the food will do to me in 12 hours then what the guy with the gun could do.

This was a Taco Bell restaurant; you don't have 12 hours. You don't buy food at Taco Bell, you "lease" it.

51 posted on 03/20/2009 5:16:04 AM PDT by whd23
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To: SWAMPSNIPER

Beginning when I was 11 I rode my bike all over the county with a .22 rifle

Me too. I’d ride my bike about 5 miles to a stone quarry and practice on tin cans. Many people saw me and never thought anything of it.


52 posted on 03/20/2009 5:18:37 AM PDT by chainsaw (If you think health care is expensive now, wait until you see what it costs when it's free! -- P.J..)
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To: Jet Jaguar; hiredhand; NFHale
"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...

THATS why the station always has a running tab with krispy kkreme...helps keep 'idle hands' from from constantly being 'morons'...

After running a background check, Carlisle's gun was returned. He was not arrested or charged.

kinda sounds like armed robbery to me...

i know, i know...but since

He was not arrested or charged. how about unlawful taking at least ???

53 posted on 03/20/2009 5:37:29 AM PDT by Gilbo_3 ("JesusChrist 08"...Trust in the Lord......=...LiveFReeOr Die...)
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To: Jet Jaguar

Here in Arizona you can do that. I have seen it a couple of times. Everybody just goes on thier merry way. No problem.


54 posted on 03/20/2009 5:43:08 AM PDT by waxer1 ( Live Free or Die; Give Me Liberty or Give Me Death)
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To: familyop
I've been told that's true, except when you're in your car on Texas highways

That's been true until recently.
I have a friend who had his CHL but has it no more - said they changed the law so that we can carry in a vehicle in the open, hence he doesn't feel like he needs the CHL any longer.

Guess that's worth a follow up phone call to DPS.

55 posted on 03/20/2009 5:53:19 AM PDT by grobdriver (Impeach Obama for Incompetence!)
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To: Jet Jaguar

Brave man. More people need to do this...


56 posted on 03/20/2009 5:54:34 AM PDT by Dead Corpse (1000110010101010100001001001111)
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To: SWAMPSNIPER

We used to keep shotguns in our gym locker to go squirrel hunting after school.


57 posted on 03/20/2009 5:54:37 AM PDT by wordsofearnest (Job 19:25 As for me, I know my Redeemer lives.)
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To: familyop
Yep! Sept., 2007 changed the law in Texas allowing any legal gun owner to carry any legal gun (loaded or unloaded) in a vehicle (under their control) - no concealed carry license required. When I said either can be carried "openly or concealed" I should have added it is with the restriction that a handgun cannot be "in plain view". Laying on the seat next to you is carried "openly" but is not "in plain view". Hanging in the rear window with your long guns or on top of the dash is in plain view.

The hunting restriction addresses that - hunting. Hunting (actual shooting) is not allowed from a motorized vehicle except for certain handicapped individuals. A loaded weapon may be carried in the vehicle while hunting by anyone but MAY NOT be fired unless the individual is handicapped in such a way that prevents hunting in any other way.

Just as an aside, it has always been the right of any legal gun owner to walk into any public establishment (say, a shopping mall) with a long gun loaded and carried openly! It is only "concealed weapons" that are restricted. So, go to a mall and you may find lawful Texas prescribed signs at every entrance that says concealed weapons are prohibited. It oddly, it does not restrict anyone from entering with a loaded M-16 for example. Also, the signs restricting concealed weapons in an establishment or on any other privately owned property is exactly defined and must so be posted to be legal and actually restrict CHL holders. ...posting a sign that says: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 41 1, Government Code (concealed handgun law), may not enter this property with a concealed handgun." The sign must be written in both English and Spanish in contrasting colors with block letters at least one inch in height, and must be displayed in a conspicuous manner clearly visible to the public.

The sign that simply states "NO GUS ALLOWED" or any other such nonsense DOES NOT restrict CHL holders from exercising their rights and entering while carrying.

58 posted on 03/20/2009 5:57:31 AM PDT by TexasRedeye (Eschew obfuscation)
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To: familyop
The law was changed. "Travelling" now included your daily commute. I kept a loaded pistol in my center console for two years.

Texas still doesn't have open carry of pistols. Pistol carry in public places must be licensed and concealed. On private property, anything goes. I set up a table in my front yard once and chatted with my neighbors while cleaning a couple of my firearms after a range session.

I still miss Texas.

59 posted on 03/20/2009 5:58:13 AM PDT by Dead Corpse (1000110010101010100001001001111)
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To: Dusty Road
Your (sic)as wrong as the first poster was. You can have a handgun in your vehicle for protection while traveling, as long as it's concealed in the vehicle, not on your person.

Read my last post. You are wrong. "While Traveling" has nothing to do with it. Read the Sept 2007 law!

60 posted on 03/20/2009 6:00:58 AM PDT by TexasRedeye (Eschew obfuscation)
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