made by store clerk

[newlife12176]

Hello all. I am new to this forum, but not new to guns and shooting. I wanted to share my exciting/troubling experience with you all tonight. I live in Fort Worth. I just drove my SUV down to Hemphill to grab some yummy Mexican tacos in the not so nice neighborhood. This is a place I go all the time. I am carrying my 38 special in an Uncle Mikes IWB holster at 12 oclock. Well, I walked into the convienence store that the taco truck is next to so I could grab a coke. As I am walking to the counter I notice my shirt has rode up slightly and hooked over my pistol. I ran out of the house and grabbed a shirt that was lying on the floor. Its cotton and has shrunk a little. I normally would not try and conceal my weapon with this shirt, but was in a hurry. Well, I look up and the clerk sees my pistol right as I notice it and reach up and grab my shirt to cover it back up. He looks at me with a weird look on his face, I buy my coke and thank him and nothing else is said. I go out to my truck and proceed to eat my yummy tacos. Well about 5 minutes later I notice that he is closing his doors and locking up. I thought it was weird because it was only 6pm and he left his "open" sign on. I don't think much of it and continue eating. 5 minutes later I here something outside my truck. I see bright lights and see pistols in my face. I hear "put your hands up and don't move a muscle, Fort Worth Police". I look over and see like 5 officers surrounding my truck throwing down on me. Luckily my doors were unlocked so they didn't have to break my windows. Next thing you know I have this very nervous/edgy cop in my face with his Beretta inches from my face. He says "were is your gun"? First thing out of my mouth was "CHl, CHL, I'm a CHL". Thought that would lighten the mood up a little but I can assure you it didn't. I said, "I am carrying a .38 special in my waist band at 12 oclock". He reaches down and disarms me. He asked if I had anything else in the truck. I said, "yes there is a S&W 9mm 5906 tactical in my briefcase and my Mossberg home defender is riding next to me stuffed in between the passenger seat and console. All the officers were like what we got here? Keep in mind this all happened in about 30 seconds. The first officer proceeds to pull me out, grabs my arm and pushes me to the ground felony stop style. Of course he cuffs me up, pulls my pockets out and slings my assisted opening knife across the concrete. I get stuffed into the back of the cop car after they secure my weapons. They go inside and talk to the clerk who proceeds to tell them that he was robbed a few days ago at gunpoint. Little did he know I was one of the good guys. If I really wanted to rob him he would already be broke. He called the cops because he thought I was going to rob him. Now I am sitting here thinking am I going downtown for failing to conceal my weapon? Well the officers still have not gotten my CHL license out of my wallet. Apparently they were looking me up on their system. Well they finally came back to the car and opened the back door. They asked if I was really a CHL because I wasn't coming up and where was my license. I told them it was in my wallet. Finally they found it and ran my name for warrants. One officer came up to me and said, "dont worry, if your clean we will cut you loose", the clerk is just a little freaked out." I'm kinda freaked out too cause there are 8 cop cars there and everyone kinda seemed confused. They finally settled everything down and let me out and took off the cuffs. They were like, "son whats the deal with all the firepower. Why do you have that shotgun with the surefire light and 6 shell side saddle"? I said, "same reason you do sir, protection. He was like ,"are you some kind of gun nut"? Now of course I was at the gun show yesterday and today and have been surfing the forum all day, but I was like "no not really". They told me the clerk freaked out and thought I was gonna come bustin in there. I was thinking to myself if I wanted to rob the store I sure wouldnt be in the parking lot eating tacos after he saw my weapon. Well, we all joked around a bit and the mood lightened up. One officer told me he had the same shotgun at home and proceeded to tell me his 38 is in an ankle holster. They handed me back all my guns unloaded and told me my briefcase was full of my ammo (thirteen 9mm rounds five 38 rounds and 6 double OO 12 gauge shells. They apologized for having to ruin my meal and I said ,"no problem officers, you guys are doing a fine job I am glad to be going home." They told me to be more careful and I shook a few hands and went back to load my weapons. All in all it was an o.k. experience. Cant say things could have been any better. Again, I know I made an error. I don't need anyone telling me that. Save it. One day when your shirt blows up from the wind and someone makes you, you will know it CAN happen. I just thought I would share this interesting experience with you all. Be safe and have fun.

[Lumberjack98]

Wow, quite an experience. I would also be tempted by some yummy tacos.

It was a hard read (no breaks, just one big block) but was worth it.

I think you handled the gun nut question well by not getting defensive.

[bridge]

Wow, food for thought. I'll stick to the Taco Bell drive thru Seeing as the clerk just got hit, I'd say you're lucky he didn't attempt to light you up out of fear. Good story, thanks for sharing.

[Frost]

In the future consider adding more paragraph breaks to your posts. It makes them much more readable.

[austin]

I think you should give the taco guy a CHL application.

[WEC]

I think you should give the taco guy a CHL application.

Was thinking the same thing!

Newlife, glad things worked out for you. I don't blame the clerk after going through what he did, and the cops were just doing their jobs, as you stated. I don't know how I would react with a cop's gun in my face. Let's just hope it never comes to that!

[Hos]

Wow, thanks for sharing. I'm sure that was traumatic. Yeah, I don't think anyone can be seen at fault here although I may not of hung around after flashing someone but as far as you knew, it was a non-issue and not that the guy was scared speechless.

So, to clarify as I'm still learning, is this one of those circumstances that the PD could of charged you but since they did not see any intent (not that there has to be any if I recall) they used their discretion and let it pass this time?

[KD5NRH]

I'm thinking that next time you get the notion that tacos from a health-department-condemned truck are "yummy," you should re-read the rules about carrying while in an altered mental state.

Oh, and maybe avoid any neighborhood where you feel you need more weaponry than the average cop.

[Originalist]

Wow, thanks for sharing. I'm sure that was traumatic. Yeah, I don't think anyone can be seen at fault here although I may not of hung around after flashing someone but as far as you knew, it was a non-issue and not that the guy was scared speechless.

So, to clarify as I'm still learning, is this one of those circumstances that the PD could of charged you but since they did not see any intent (not that there has to be any if I recall) they used their discretion and let it pass this time?

Here is the applicable statute:

Sec.A46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder ’s person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.


I think the police handled it ok, I mean they deal with dangerous situations like this all the time and unfortunately more often or not it is a BG. All in all an OK encounter, but based on the law, you should not be charged.

Bryan

[jiannichan]

That was a pretty good read. Thanks for sharing.

[Hos]

Thanks Bryan, I type corrected.

After looking at that penal code you provided though the word "reckless" is used which is pretty subjective in case of accidental flashes.

I'm not sure why some would 2nd guess the PD in this situation, they knew a guy had a gun so they have to use equal force to take control of the situation. They may have been a bit nervous and jumpy but IMHO they thought an armed robbery just took place, although I'm not a peace officer (got my degree in CJ though). E.g. there could of been other accomplices in the bushes, etc. I'd bet that scared witless guy behind the counter embellished his story to 911 a bit too so they'd come quick.

It's sobering to know that with this CHL right/responsibility things can change quick if an accident happens.

[Purplehood]

Not to sound cliche, but carrying in the 12 o'clock is sooo stereotypical of any gang-banger that you see in the movies.

I don't blame the clerk for his reaction one bit (please do not consider that a personal attack).

[The Annoyed Man]

Not to sound cliche, but carrying in the 12 o'clock is sooo stereotypical of any gang-banger that you see in the movies.

I don't blame the clerk for his reaction one bit (please do not consider that a personal attack).

Also, please don't consider this a personal attack either, but I've seen enough dudes with self-inflicted holes shot in their "wedding tackle" that I'll never carry a gun in that position so long as I live.

Just a thought...

Glad you survived the whole ordeal, though. Sounds like it was pretty hairy.

[Excaliber]

Well, I look up and the clerk sees my pistol right as I notice it and reach up and grab my shirt to cover it back up. He looks at me with a weird look on his face, I buy my coke and thank him and nothing else is said.

There is value to looking back on events like this for lessons to be learned. In that spirit, I offer the following observations:

Under the circumstances described, it may have been worthwhile to consider apologizing for the unintentional flash and identifying oneself as a CHL holder to alleviate the clerk's justifiable concern. There's no way to say for sure what would have happened if that had been done that in this instance, but I'd give it about an 80% chance that it would have let the OP finish his taco in peace.

From a situational awareness perspective, if one's first clue that there are multiple police vehicles and officers present and focused on you is a bright light and a pistol next to one's head, it might be a good time to review how one maintains awareness of his surroundings, particularly in known insecure locations.

From a strategic standpoint, if a neighborhood is known to be dicey, eating fast food in one's car in a convenience store parking lot with doors unlocked is an invitation to robbery or carjacking. Not paying attention to what's going on around you sharply increases the risk. The OP was fortunate that he were surprised by good guys instead of the other kind.

I also agree with The Annoyed Man - 12 o'clock is a common stickup artist's carry position and an uncommon choice for lawfully armed folks, except in some special circumstances. Four o'clock carry would have prevented the entire situation in this case, and would give the OP a far better chance of being able to continue to enjoy his "wedding tackle" in its original and fully functional condition for years to come.