I could not get arrested

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skidmark

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Don't ask why, but I went into Wally World yesterday to buy a plinker .22. Met with one of the most dispicable, anal-retentive, obsessive-compulsive "Associates" I have ever run into anywhere.

It all started with the statement that my Concealed Hangun Permit was not acceptable as the second form of ID. Just because I am a curmudgeon I decided it was worth the time to dispute this, as opposed to pulling out my checkbook and asking if that would be OK. I was informed, in a hather high-handed tone of voice: "I have been trained in how to sell a gun, and you have not. I know all the rules, and you will follow them."

I ask "Associate" to call the VA State Police to check on the acceptability of a Virginia CHP as second ID. He can't find the phone number! I pull out my cell phone, look it up, and tell him the number to call. He responds that he will not call any number I give him "because you might be giving me a false number."

Anyhow, "Associate" finally finds the store-posted phone number, where I point it out to him, right next to the phone. He got one of the sourest looks on his face when he was told that the CHP was acceptable as the second ID, and told me "they never discussed that in training." Now either Wally World does not do much in the way of training, or this Associate was out of the room when the acceptability of a CHP as second form of ID was covered.

Now we get to where the real fun started - filling in the Form 4473. "
Associate" puts it on the counter, and I get started filling in the blanks when all of a sudden he starts screeching and waving his arms at me, yelling "Stop! You can't fill that out yet!" I enquire why, and am informed that he must instruct me regarding what to put down, how to put it down, and besides I cannot use all block letters.

By the time he stopped jumping up and down I had already worked my way to section 11d (Are you a fugative from justice?). In as neat as I could print them block letters written with my personal ballpoint pen that has blue ink, in case anybody cares.

Well, "Associate" cared about the blue ink. He said I cannot use blue ink.

I have just decided that even at Wally World's price, a plinker .22 is not worth the aggravation that this individual is trying to make me submit to. I inform "Associate" that I have decided to change my mind, and will not be purchasing a firearm today. I fold up the Form 4473 and put it in my back pocket.

All hell breaks loose!

"Associate" informs me that I cannot 1) fold the form, 2) put it in my pocket, 3) that he is required to file the form, and 4) that he is calling "the manager." I decide to see what this is going to turn into, so hang around for "the manager" to show up.

First on the scene is "Asst. Manager" (according to the nametag) who tells me that I cannot take the form with me because it is "a government form." I agree with "Asst. Manager" that it is indeed "a government form" but that I can and will be taking it with me, as I do not wish to leave my personal identification data behind if it is not required by law. I am informed it is "a government form" and "we have to account for them." When I ask for an explanation of "account[ing] for them" I am told that BATFE will need to see every form that is filled out.

Before we can go any further regarding that concept, the nametag saying "Manager" and some guy who says he is "Security" show up. "Asst. Manager" starts telling "Manager" what I have done (folding the fform and sticking it in my pocket).

"Manager" tells me that the form is the property of Wally World and that I cannot remove it from the store. "Security" takes an arms-crossed, stare-me-down posture right behind "Manager, which I guess would have been intimidating except he is about 4 inches shorter and at least 10 inches wider than "Manager." All I can see is his elbows and his waistline sticking out behind "Manager."

I enquire if anybody there is officially detaining me, as I do not want to put up with their pettiness and foolishness and will be leaving the store unless informed that I am not free to do so. "Manager" and "Security" both step away, saying they will call the police if I attempt to leave the store. I inform them that I am heading to the exit and that if they wish to place that call they should do it soon. I then begin to walk towards the exit at the front of the store.

(A digression - I walk really slow. Physical limitations necessitate that.)

As I am approaching the front area of the store, I see two of the County's finest hustling up, so stop to greet and confer with them. "Manager." "Asst. Manager,", "Security," and "Associate" all start talking at once, overwhelming the poor police officers with too much information. Meanwhile, I am standing there waiting for a chance to chime in and tell my story.

Eventually things get quite and I am asked to say whatever it is I want to say. I give a very concise statement about deciding not to complete a firearms purchase and wanting to take the BATFE Form 4473 with me as I do not want to leave my personal identificationb information behind when there is no known legal requirement to do so.

Policeman #1 (younger and wearing black tactical gloves) says nothing, but looks at policeman #2 as if expecting words of wisdom to come forth. Policeman #2 says he has no idea what the law is on the subject, but explains that he will be acting "as agent for the store" and will, on their say-so, arrest me on suspicion of shoplifting if I walk out of the store with the form.

I get a real big smile oin my face (just imagining the money I will be collecting from both Wally World and the County) and ask if I am no longer free to leave. I am again told that I will be arrested if I leave the store with the form, but that since I am presently inside the store I am not under any form of detention by police action.

For some reason I think trhat it would not be fair to policeman #2 to make him lose all his assets for a foolish action. I explain in basic terms that Wally World is not accurate in claiming that the Form 4733 is "store property," that the form is not a "controlled" form that has to be accounted for, and that BATFE does not require the form to be filed if it has not been completely filled out. Policeman #2 states that he has no knowledge of these matters, and that he would prefer to find out "before anybody gets arrested that does not need to be arrested." (I guess that was me he was referring to.) I ask what he had in mind, and he replied that he would like to call "his buddy" at BATFE to get an "official position."

to be continued
 
UPDATE UPDATE!!! L:D L!

I really can't stand the knobslobberers wally world hires to man the counters. Half the time, I think the door-greeters are more knowledgeable about firearms and forms. I mean, I like the prices so... guess I just try and time my visit to coincide with one of the good employees... but this is why it's so damned important that we help keep *Private FFLs* around. (The good ones, the kitchen table guys.)

Imagine trying to get a transfer at walmart, for an AK from gunbroker, yeah right! LOL!
 
gotta love good old wally world

luckily aside from ***** manager that can't tell a 6 from a zero and in general acting like an ***** during "aproval :rolleyes: " cause I want to check the gun before accepting it buying my gun there wasn't to horrible.
 
Interesting Story

Thats a pretty good story, cant wait to hear the rest. But the part about the cop losing his personal possessions from a lawsuit is far fetched. It is possible to be not free to leave but not under arrest.
 
I could not get arrested - part 2

I decide to see how this would turn out, so agree to let policeman #2 call "his buddy" for an "official position."

Now, if I had a 'buddy" that worked somewhere, I probably would have his phone number either memorized or written down somewhere. Policeman #2 needs to call his dispatcher and ask for the local BATFE number, as he has not memoreized it and does not have it writen down,

I'll skip the boring details, and just say that the dispatcher was only able to find some 1-800 number for a general information recording. After a number of calls and conversations back and forth "Manager" finally comes up with a phone number that is supposed to be the local BATFE office, and it turns out is is -- if you want to get hold of the file clerks!

Conversations were had, explanations made so that everyone understood what the issue was and what was needed to be known, and then we were informed that the file clerk would pass this on to "Inspection & Enforcement." We could expect a call bacxk "shortly."

Well, a sort while later (about 5 minutes) "Inspection & Enforcement" calls back. The whole story is told again. "Inspection & Enforcement" asks policeman #2 to turn to the back of the form and read al;oud Section #16.

Section #16 reads: "After the seller has completed the firearms transaction, he or she must make the completed, original ATF Form 4733 ...." It seems that the word "completed" is very important, as a Form 4733 that is not completely filled out by both the purchaser and seller is not a "completed" form. And "Inspection & Enforcement" opioned that "Forms 4733 witrh respect to which a sale, delivery or transfer did not take place shall be separately retained" only applies to "completed" forms.

Policeman #2 handed the form to me and said I was free to go. Policeman #2 told "Manager," "Asst. Manager," "Security" and "Associate" that they had come very close to making him place a person (me) under false arrest, and that he was not happy about that.

Next time, I'm going to walk out of the store and let them arrest me. I could use the money.

By the way, I went to a local gun store (real gun store) and found a Ruger 10/22 with scope on sale. I bought it.:)

stay safe.

skidmark
 
You can be detained without being arrested.

I think.

IANAL.
 
Biker said:
Quote:
Originally Posted by sam59
It is possible to be not free to leave but not under arrest.

Explain, if you would.
Biker


Biker,

I could be "detained" as opposed to being under arrest. Detained for investigation, or any number of other reasons such as "officer safety" (Terry stop).

The important part is that if the detention or arrest were not valid, someone would pay.

stay safe.

skidmark
 
Policeman #2 handed the form to me and said I was free to go. Policeman #2 told "Manager," "Asst. Manager," "Security" and "Associate" that they had come very close to making him place a person (me) under false arrest, and that he was not happy about that.
I love it when fools* are confronted with their own foolishness. <evil cackle> /Emperor Palpitain

* The fools being the Wally World drones, not Policeman #2
 
sam59 said:
Thats a pretty good story, cant wait to hear the rest. But the part about the cop losing his personal possessions from a lawsuit is far fetched. It is possible to be not free to leave but not under arrest.

If the officer is performing his duty negligently, you will most likely not be able to sue him personally.

And remember...IANAL. :)
 
wow, what a bunch of retards. thankfully everytime I've gone to WW I've dealt with people who either new what they were doing or just didn't care one way or the other. all in all sounds like you had an interesting day.
 
skidmark said:
Biker,

I could be "detained" as opposed to being under arrest. Detained for investigation, or any number of other reasons such as "officer safety" (Terry stop).

The important part is that if the detention or arrest were not valid, someone would pay.

stay safe.

skidmark

AFAIK, a Terry Stop involves an officer patting down a person to check for weapons when that officer has a reasonable belief that the person has a weapon. This normally occurs during the course of an investigation, but no arrests have been performed.

In the earlier scenario, skidmark's participation was completely voluntary. The cop stated that he would be arrested if he left.

I think that if you inform the officer that you do not want to talk to him and inform him that you are going to leave, he must arrest you in order to force you to stay there.

Can any LEOs chime in on this (because I am neither a LEO nor a lawyer)?

Ed
 
What amazes me is that the instructions really are written right on the back of the 4473. The print is small, but it is still there. It isn't that hard to turn it over and read it.

Good thing we don't have to account for the non completed ones. Every time a customer messes up I just tear it up and let them start over. No biggie.

Glad it all worked out in the end. I'd write to corporate Walmart about your dissatisfaction at being detained and threatened with arrest.
 
WillBrayJr said:
I would have just crumbled up the form, set it on fire, drop it on the floor and walked out of the store:D

You haven't ever dealt with cops before? That would have resulted in an arrest for attempted 1-Arson, 2- murder of 532 people (customers) and if you were lucky the DA would let you off with a Disorderly Conduct charge....
CT;)
 
Reminds me of a few weeks ago when buying a pink Cricket for our daughter. My wife and I were informed of Walmarts "safety" policy and that the manager had to walk us out of the store with the rifle boxed up and carried by the store manager. We were humored by their story policy, as my wife and I had four loaded guns on us with a total of 30+ rounds of ammo. :D
 
waterhouse said:
What amazes me is that the instructions really are written right on the back of the 4473. The print is small, but it is still there. It isn't that hard to turn it over and read it.

Good thing we don't have to account for the non completed ones. Every time a customer messes up I just tear it up and let them start over. No biggie.

Glad it all worked out in the end. I'd write to corporate Walmart about your dissatisfaction at being detained and threatened with arrest.

Whoa, take it easy there trigger! :D

You guys have to remember one very important fact!
Walmart was, well basically brought up on charges... severely... not too long ago, because of improper firearm sales in California. MANY so-called improper sales. As a result, you cannot buy ANY guns in Walmarts of California. They banned Wally from selling!

Now I don't live there, and I don't recall the particulars, but the whole thing sounded (to me) like railroading the company to force out guns. Regardless, Walmart has really tightened up policies nationwide... and I can't blame them. They want to sell us guns, but they fight an uphill battle too... so I feel personally, that they deserve a little slack in that department.

The dumb employee was just trying to do his minimum wage job. Nobody works at Walmart because they're highly intelligent... they work there because they're not good enough for McDonalds. ;)

And Walmart policies/politics beat K-mart policies/politics HANDS DOWN!
 
Nice story and well told. You may still have a civil claim for false imprisonment against Wally World.

False imprisonment is the restraint of a person’s liberty of movement by another party who lacks the legal authority or justification to do so. False imprisonment involves the total physical confinement of a person against their will for a significant period of time (however short). The use of physical contact or force is not necessary for a situation to be considered false imprisonment. Any threat or use of authority, which confines another person against their will without the authority to do so, is considered false imprisonment. False imprisonment must confine a person to physical or intangible boundaries, such as a room, their current physical space, or even a larger area like a city or state. To be considered false imprisonment, a person must lack a reasonable means to safely escape the confinement.

The offiers only detained you for a reasoanble amount of time to check on the legal ramifications. Wally World, on the other hand, did not. The remedy for false imprisonment is the restoration of the victim’s liberty and the recovery of damages from the party responsible in a civil case.

I would write a letter to Wally World describing hte situation. If nothing else, in an attempt to educate their ass-ociates.
 
Yeah, write Walmart and complain that it's not easy enough to buy guns, nobody knows the law, cops involved, false imprisonment, lawsuits...

Then when Walmart throws its arms up and decides that, between government and the gun buyers, this ????s just not worth it, and quits selling rifles altogether...

Then you can all come back here and whine about paying $350 for a 10/22, at the cheapest place in town :rolleyes: I won't even go into ammo, even though, thats where Walmart really shines.
 
CentralTexas said:
You haven't ever dealt with cops before? That would have resulted in an arrest for attempted 1-Arson, 2- murder of 532 people (customers) and if you were lucky the DA would let you off with a Disorderly Conduct charge....
CT;)

Unfortunately I have dealt with the cops and I don't think highly of them and I sure in the hell don't believe or trust them. When You take advantage of someone's trust and honesty it truly shows how much of a lowlife you are.
 
I don't buy any gun stuff from WM except the bulk pack Federal 22 rimfire ammo.

Now ... does anyone know where I am supposed to return all the extra copies of tax forms that I picked up at the Post Office over the years, but didn't file...? :p :D
 
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