If you have a particular encounter with another citizen or LEO, post it here.
 #90722  by Taurus247
 
So guys my first encounter of note. All my OC experiences have been positive thus far however tonight was different and didn't even have my weapon on me. Surprised I know but I was in a state building for a meeting so I couldn't. :censored: :censored:

Background: As most of you know by now my family and I own a Day Care Center, the state is currently in the process of rewriting our regulations that we have to run our business by. (A whole other topic.) Well right now there is a regulation in the book that you are not allowed to have gun or ammo on the center grounds at any time. I have been against this (as most of us are I will assume) from the beginning and now that they are rewriting the book I am trying to get it taken out. So tonight I brought it up at the meeting. And it goes like this...

Board President: (Going over my recommendations): And the firearm one your not going to get that. (I put down that it is an illegal regulation as we are a private business so there for can open carry firearms as we wish)

Me: Well it is an illegal regulation

Board President: Reads what is written in the regulations... Thats fine we are not recommending to take that out.

Me: Well you legally cant tell me I cant I am a private business and these regs can not trump state or federal law.

Background: Bunch of gasps and you cant have that, they are dangerous.

Me: Well I have parents that are DSP do I need to tell them to disarm before coming in?!?

Background: I tell my parents to

State worker: Well we cant do anything about them.

Another Day Care Provider: I had a police officer knock on my door and ask to use the phone because she locked her keys in her car and I told her no she cant come in that I have children in here.
She (Police Officer) I just need to use the phone.
Day Care Provider: Well you need to disarm if you are going to come in here because there are children in here.

A different Day Care Provider: My husband is a cop and if he comes in her keeps his hand over his gun so that none of the kids can get it.

Another Day Care Provider: Yea the kids could just grab it.

Me: I have a retention holster that I carry my weapon in at all times.

Others: You have a gun on you!!

Me: No I cant this is a state building and I cant carry in here. But this is the same holster that the DSP use and you have to push this button in order to remove the pistol. I have pull as hard as I can to try to pull my pistol out and it wont budge. My dad has come up from behind and tried to pull it out and he cant. You cannot get a gun out of this holster without pushing the button and pulling it out.

Others: Oh I didn't know that. :banghead:

Board President: Well you are not going to win this one here.

Me: Well I will just have to take this one to the state level

Board President: Well I guess you are.

My parents were both there who support me but did not want me to push the argument any further so I dropped it at that and left.

It was so hard not to just go off on them but I held my tongue and left.
 #90727  by Mr.Skellington
 
So if you do what you want, carrying, in accordance with state and local laws, you will still run afoul this state business regulation correct? And the penalty could be loss of business license which will force this matter into the courts with you first on the defensive followed by a challenge based on your new found "standing"?

Have I missed another angle?
 #90728  by Taurus247
 
Mr.Skellington wrote:So if you do what you want, carrying, in accordance with state and local laws, you will still run afoul this state business regulation correct? And the penalty could be loss of business license which will force this matter into the courts with you first on the defensive followed by a challenge based on your new found "standing"?

Have I missed another angle?
Basically yes. That if I do what I know is right and legal that we can lose our Day Care License and then it would be a matter for the courts. But its also my entire families lively hood along with the other 20 employees so taking the shut down and fighting that isn't really an option. That is why I am trying to fight it outside it.
 #90729  by Mr.Skellington
 
Taurus247 wrote:
Mr.Skellington wrote:So if you do what you want, carrying, in accordance with state and local laws, you will still run afoul this state business regulation correct? And the penalty could be loss of business license which will force this matter into the courts with you first on the defensive followed by a challenge based on your new found "standing"?

Have I missed another angle?
Basically yes. That if I do what I know is right and legal that we can lose our Day Care License and then it would be a matter for the courts. But its also my entire families lively hood along with the other 20 employees so taking the shut down and fighting that isn't really an option. That is why I am trying to fight it outside it.
I fully understand the implications involved and had no illusions about a court battle not being your first choice of action. I wouldn't wish that position on anyone. You have my sympathy and support for what they're worth but good legal counsel would serve you better.
 #90730  by Taurus247
 
Mr.Skellington wrote:
Taurus247 wrote:
Mr.Skellington wrote:So if you do what you want, carrying, in accordance with state and local laws, you will still run afoul this state business regulation correct? And the penalty could be loss of business license which will force this matter into the courts with you first on the defensive followed by a challenge based on your new found "standing"?

Have I missed another angle?
Basically yes. That if I do what I know is right and legal that we can lose our Day Care License and then it would be a matter for the courts. But its also my entire families lively hood along with the other 20 employees so taking the shut down and fighting that isn't really an option. That is why I am trying to fight it outside it.
I fully understand the implications involved and had no illusions about a court battle not being your first choice of action. I wouldn't wish that position on anyone. You have my sympathy and support for what they're worth but good legal counsel would serve you better.
Thank you. We do have a lawyer that once he is done do our other tasks... Im going to see if he will take this on.
 #90735  by Kuntryboy816
 
Taurus247 wrote:
Board President: (Going over my recommendations): And the firearm one your not going to get that. (I put down that it is an illegal regulation as we are a private business so there for can open carry firearms as we wish)

Me: Well it is an illegal regulation

Board President: Reads what is written in the regulations... Thats fine we are not recommending to take that out.

..............................

Board President: Well you are not going to win this one here.

Me: Well I will just have to take this one to the state level

Board President: Well I guess you are.
:poed: :banghead: :poed:

Who the hell does this guy think he is?!?!? Does this not go to a vote? What happened to Democracy here?? Is the board run by the mafia? Has everyone with some amount of authority decided to employ Obamanomics? Does he have the authority to enact executive action?? :sparring:
 #90737  by Taurus247
 
Kuntryboy816 wrote:
Taurus247 wrote:
Board President: (Going over my recommendations): And the firearm one your not going to get that. (I put down that it is an illegal regulation as we are a private business so there for can open carry firearms as we wish)

Me: Well it is an illegal regulation

Board President: Reads what is written in the regulations... Thats fine we are not recommending to take that out.

..............................

Board President: Well you are not going to win this one here.

Me: Well I will just have to take this one to the state level

Board President: Well I guess you are.
:poed: :banghead: :poed:

Who the hell does this guy think he is?!?!? Does this not go to a vote? What happened to Democracy here?? Is the board run by the mafia? Has everyone with some amount of authority decided to employ Obamanomics? Does he have the authority to enact executive action?? :sparring:
Unfortunately this stuff does not go to a vote. This is a board that is appointed by the governor to review the state regulations the govern Day Care Homes and Centers. They are only an "advisory" board to a state agency. The state agency may or may not take what they recommend and the board is suppose to be the voice for the rest of us. They are doing good on some things but this is a big one for me and they just wont hear it.
 #90819  by mdak06
 
Others: Oh I didn't know that. :banghead:
There's a lot of things about guns the anti-gunners don't know, either by failure to investigate or by willful and deliberate ignorance.
 #90822  by mdak06
 
Curious -- it a matter of the state agency not being granted the authority to pass regulations about firearms on business properties, or that they are explicitly prohibited from doing so, in that the power of regulating firearms is exclusive to the state legislature?

I ask because it didn't seem to be a "preemption" matter, as I thought preemption only was against county and municipal governments, and not necessarily state agencies.
 #90823  by Taurus247
 
mdak06 wrote:Curious -- it a matter of the state agency not being granted the authority to pass regulations about firearms on business properties, or that they are explicitly prohibited from doing so, in that the power of regulating firearms is exclusive to the state legislature?

I ask because it didn't seem to be a "preemption" matter, as I thought preemption only was against county and municipal governments, and not necessarily state agencies.
I dont completely understand your question. If you are asking if the state agency is explicity prohibiting it the answer is yes. The only authority that state legislature has given to this agency is over day care center for the purpose of ensuring safety and well being of the children in our care which they have way overstepped and gone into areas that are over and above what they are intended for. They were under investigation by the sunset committee for the past 2 yeas.