Choice
I’m not an attorney; however, when I shop Toys R Us I ignore the open carry sign if one is posted. I will not inconvenience myself and family by searching for an alternate store to take my business. Nor will I waste time sending emails to corporate generating a generic response. As far as I’m concerned I am going to conduct business in the store as I normally would. You are not breaking a law you are ignoring a store policy. A policy often interpreted by on duty store employees. By policy Toys R Us employees are not allowed to confront or accuse a shopper that commits a theft, even if they personally witness the crime. Theft is a crime, not a simple store policy.
If I was legally carrying and staff refused to accept my transaction I would politely inform them that I was not violating any law. I would explain that if I left my firearm in the car it would be unsafe and against the law. I am a responsible person and I’m confident Toys R Us would not condone this unsafe and illegal conduct. As soon as I pay, I’ll be on my way.
If they continued to refuse service I would politely ask that they call the police. If the employee is not allowed confront a customer they observed commit theft, chances are they will be unwilling to call police for fear of violating company policy. Defamation of character lawsuits are very expensive for the business to defend not to mention the enormous payouts when substantiated. The company mandates letting known theft suspects leave the store with unpaid merchandise considering it a, “Cost of doing business.”
Chances are they are just going to ring you up. If they refuse politely inform them that you will call police yourself and step to the side. If other customers are in line allow them to complete transactions in front of you while you wait. Up to this point, at least in my state, you have not come close to violating any law, nor should you- ever.
Call police and tell the dispatcher you are in a business dispute with TOYS R US employees and request a, “Civil stand-by.” The police will not be dispatched to a criminal investigation rather a civil dispute. Similar to, “I broke up with my boyfriend and he won’t give me my shoes back.”
If Toys R Us still refuses to conduct your transaction wait for police. When they arrive expect them to ask for your identification. Let them know you are legally carrying and OFFER to let them remove your gun from the holster for safekeeping during the incident. Chances are they will tell you, “You are on private property. They have the right to refuse service if they wish.”
At this point politely tell the officers you understand. Ask store employee’s if they intend to have you arrested for trespassing while exercising your constitutional rights. With the exception of trained loss prevention, employee’s are not permitted to arrest a customer for theft and certainly not permitted to arrest someone based on their interpretation of trespassing.
In my state you can’t be arrested from a retail establishment unless you’re advised that you are trespassing and then refuse to leave. Police cannot force you to leave unless the store is willing to prosecute and by policy they can’t. Politely leave the store anyway and thank the police. Tell the manager and store employees that you feel the store did not treat you fairly and you intend to seek legal advice.
Worst case scenario you will create a hornets’ nest at corporate. Toys R Us will have to notify cooperate regarding law enforcement inside the store and they must notify the legal department when litigation is brought up. Contact corporate yourself; tell them how embarrassed you were when the store called police on you when you did not commit a crime. If you called, tell them you were discriminated against and the store RUFUSED to call police when you asked. Tell corporate that Toys R Us threatened you with arrest if you didn’t leave. Let them know how embarrassed you were, how unfair you were treated and discriminated against for doing nothing more than exercising your rights, and that you reserve the right to seek legal advice.
The legal department will be forced to consider the current policy. You will have far more exposure from the incident in the store versus a simple email.
Best case scenario is the store manager or employee allows you to complete the transaction, even if it’s just to, “Get you out of the store.” If you complete a transaction be sure to identify the manager and employees working. Send a thank you letter to corporate. In the letter identify the store by number and location and thank all employees by name and then post your letter here.
If Toys R Us contests your future open carry purchase repeat the above and ask why you are being discriminated against when past practice has allowed you to make a purchase under the identical circumstances.