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Open Question

Passage of a new open-carry law may put more pressure on businesses to decide whether to allow guns


BY JAIME ADAME

Friend or foe?

It's a not-quite-disarming question posed on a grassroots website developed by gun rights advocates. At friendorfoe.us, visitors to businesses can post online and anonymously if a business has signs prohibiting firearms or instead welcomes gun-carrying patrons with open arms, so to speak.

The site lists only a very few Tulsa businesses in the database, with limited accuracy ("We're completely friendly toward guns," said Zach Duty, operator of iDetail, a mobile car detailing service based in a van. "I usually carry my 9mm with me," Duty added, at a loss to explain how the site could possibly list his business as being negative toward gun owners.)

With the state's new open-carry law set to take effect Nov. 1, however, Tulsa businesses may find themselves pressed to answer how to handle a gun-toting patron walking through the door.

"We would be opposed to having weapons in our establishment. No question about it," said Susan Butcher, general manager of the Full Moon Café, 1525 E. 15 St.

Of course, patrons may have already walked in packing heat. Oklahoma law has allowed concealed handguns since 1996, but only with a permit, available exclusively to non-felons who complete a training course. Last year alone, the state approved about 24,000 licenses, including approximately 3,800 in Tulsa County.

State law prohibits bars from allowing guns inside, with only a very few exceptions. Other businesses can choose to ban guns if they wish, and will continue to be able to do so under the open-carry law that lets concealed-weapon permit holders now carry a holstered gun in open view.

"In my opinion, if you can see a weapon, I think that it raises people's anxiety level," Butcher said.

Don't expect the restaurant to advertise its stance. "There's no reason for us to post something outside the establishment," Butcher said. Instead, patrons with guns will be dealt with on a case-by-case basis.

Bank of Oklahoma doesn't post signs prohibiting weapons at branch sites, though if they're renting the space, a landlord may do so, wrote Andrea Myers, the bank's media relations manager, in an email.

With the new law, the company has yet to make a final decision on whether that will change.

"We are looking into the details of the new Oklahoma open carry law and will determine if a new policy is needed," wrote Myers.

A backlash against businesses can be spotted in Missouri. Gun rights advocates at MissouriCarry.com pushed for the state to pass a concealed-carry law, which it did in 2003. The group also maintains a boycott list of businesses that don't allow guns to the extent the group would like.

"Businesses from around the state that have decided they don't want your dollars," states the group's description of the list.

Nationally, those favoring restrictive gun laws have also put pressure on businesses.

In 2010, the Brady Campaign to Prevent Gun Violence sent a letter to Howard Schultz, founder and head of Starbucks Corporation, asking that the coffee shops ban gun owners from openly carrying their holstered weapons in states where open-carry is allowed.

"Incidents have been occurring, with growing frequency, particularly in California, where gun owners are openly carrying guns in public places like restaurants and coffee shops. Some of these 'open carry' meetings have occurred at various Starbucks shops. These gatherings of armed individuals have provoked a strong and adverse reaction from members of the public who are appalled that coffee shops and restaurants would allow guns on their premises," the letter stated, going on to ask Starbucks to take a stand against open-carry.

It didn't work. The company came out with its own statement.

"Advocacy groups from both sides of the issue have chosen to use Starbucks as a way to draw attention to their positions. While we deeply respect the views of all our customers, Starbucks long-standing approach to this issue remains unchanged. We comply with local laws and statutes in all the communities we serve," the company's statement said in 2010, adding that "the political, policy and legal debates around these issues belong in the legislatures and courts, not in our stores."

In Tulsa, it's unclear if local businesses will follow suit -- or if patrons will even make it an issue.

"I would expect that anybody foolish enough to carry a weapon exposed would probably find out that it's not as acceptable as they thought," said Rick Phillips, owner of Oklahoma Police Supply, 5308 E. Admiral Place, and 2A Shooting Center, 4616 E. Admiral Place.

A retired Tulsa Police Department officer, Phillips said he expects police to look warily on those who carry openly, confronting them to check for credentials and to "take control of the situation."



illustration by Gavin Elliott

He said he completely supports open-carry as a right under the Constitution. But, in practice, all the gun enthusiasts he knows feel that carrying a concealed weapon is a far more sensible choice.

For example, if someone carrying a concealed weapon walks into a convenience store during a robbery, they have choices: to focus on being a good witness for authorities, or to try to act against the robber.

If the gun is exposed and spotted by a criminal, "he's going to take action against you," Phillips said.

"I would never, or can't imagine any reason I would ever carry a weapon exposed, where someone could see it," Phillips said, adding that he feels most Tulsans will agree.

"I think it'll be a very unusual situation to see someone with an exposed weapon," Phillips said.

Tulsa is home to what's advertised as the world's largest gun show. Joe Wanenmacher built the show from about 200 tables in the late 1960s to roughly 4000 dealers now, or "approximately six miles of exhibits," as he puts it.

"I think more and more Tulsa residents are thinking about and have, in the past couple of years, bought their first gun for home protection," Wanenmacher said.

Not surprisingly, he said he favored open-carry.

"I don't want to see any further restrictions on firearms," Wanenmacher said.

As far as the decisions faced by business owners, Wanenmacher offered a hypothetical scenario for why a bank should consider allowing open-carry.

If a potential bank robber "approaches the bank lobby and sees two or three people with guns, open carry, he's certainly going to turn around and leave. That's my opinion."

He said he recognized that open-carry laws do not give permit holders the right to take guns everywhere.

"If it's a controversial issue, and you try to please everyone, you just can't," Wanenmacher said, adding, "I can appreciate business owners making a decision based upon what their patrons would think or would tolerate."

Phillips said he's seen stickers and signs around Tulsa on some businesses prohibiting guns.

At his shooting center, he has cards of his own printed up, advocating why businesses shouldn't turn away a group of potential customers who, if they have permits, are, after all, non-felons who have gone through a rigorous background check.

"We have those available to our customers to pass out," Phillips said. He added: "We don't think we offend anybody with these cards. I've never had any negative feedback."

Signs posted by businesses don't even get a glance from Phillips anymore when he goes shopping or out to eat.

"My honest answer is ... I don't look at the sign," Phillips said. As someone who worked three decades in law enforcement and began carrying a gun at age 21, anytime he's out, "I probably have a weapon with me," Phillips said.

If a business owner spotted his weapon and asked him to leave, "I would, without making any kind of a scene," he said.

"I'd say, 'I'm so sorry. You have a right to ask me to leave,'" Phillips said. So far, it's never happened.

Send all comments and feedback regarding City to

jadame@urbantulsa.com



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COMMENTS
9 comments posted for this article
BIGXIICOWBOY
 6/ 6/2012 - 3:29am
   Ok, here's something to think about...How unusual is it to see uniformed on duty police officers enter a restaurant to eat? It's not. So, if you was to ask the patrons already there eating if seeing guns on the hips of the police makes them uncomfortable, how many would say so? By the same token, what if some deranged lunatic decided to come in and rob the place and sees the officers sitting there eating but he decides he's going to take his chances of taking them out first then carry on with his intended robbery? Is this robber going to just waltz in with his gun openly carried, NO he'll more than likely have it concealed so the police won't see it coming out until it's too late (unless he's just suicidal). So if the robber was to go in and see not only the police armed but 40 other citizens also armed would he STILL take his chances of getting away with his crime without injury or being killed? Hmmmmmmm If there is a gunbuster sign on the door then the criminal already knows the odds are in his favor, don't ya think?
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bwr
 6/ 5/2012 - 9:18am
   Phillips's comment about "anybody foolish enough to open carry" and his statement about "expecting the police to look warily upon those who do open carry" is not only inflammatory it's "foolish". I have been "conceal and carry" since 2009. I have been open carry on my own commercial property for those years and not once have I been bothered by law enforcement. The background check alone weeds out the criminals. Not everybody is a John Hinkley in waiting and I seriously doubt the one's who are don't have permits. I open carried all over New Mexico and Arizona and not one cop approached me. It isn't even legal for a cop to harrass you without just cause. If I am approached for exercising my right to open carry then the cop in question will be in front of a State Court Judge to show cause. It will only take one of those instances for them to back off. Governor Fallin stated that "with the signing of this Bill we insure that all law abiding Oklahoman's can exercise their Constitutional Right to bear arms. It also insures that we have a standing militia." Now I have paraphrased her comments but those were her words and she said them for a very valid reason. Law enforcement should not look at us like we're the criminals. They should look at us as a citizens who are able and willing to defend ourselves under any circumstances. A gun in the hand is worth two cops on the way.
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SmittyXD40
 6/ 5/2012 - 12:26am
   The ignorance from a supposed former LEO is amazing to me. Where are the statistics to support the argument that someone who open carries will be the first to be targeted?
   
   Answer: There are none. There is no statistical proof to support this ridiculous argument that is constantly being thrown around by opponents of OC.
   
   Come on people...look at the facts. OC is no more dangerous than CC!!
Report this comment
Talbot
 6/ 4/2012 - 7:53pm
   Tulsamal, I feel the same way, but I don't even want to support those businesses whose management doesn't support the exercise of our civil rights. I would no sooner visit a business with a "no guns" sign than I would visit one with a "whites only" sign, and I would make absolutely sure they knew why they weren't getting my money. There are places in town that are just as good as Full Moon, and to whom I'd much rather give my money. Full Moon - and any other place that doesn't support my carrying my gun - can go bankrupt for all I care.
Report this comment
tulsamal
 6/ 4/2012 - 3:12pm
   I've eaten in Full Moon Cafe many times. I've always been armed. Whether the manager is "opposed" to that or not.
   
   A business is legally allowed to put up signs. We are legally allowed to ignore them. If they somehow figure out we are armed and ask us to leave, we are then required to leave. We then do so. Ignoring the signs and not being noticed is also within the law.
   
   As far as open carry, probably not something I will do in the Tulsa metro area. But out in rural Craig County when driving the truck in for a bag of feed or pumping gas... it will be nice to not have to conceal all the time.
Report this comment
txfire41
 6/ 4/2012 - 3:03pm
   Whats up with the moron, the general manager of the cafe, she says they will not post signs they will deal with people on a case by case basis. I think there are good and bad points to open carry I have a concealed carry license in Texas and would rather have the jump on someone that does not know I carry and not have them planning on how to take me out first. I do agree with Wanenmacher about the hypothetical bank scenario you would think if they were going to rob a bank and saw open carrys they would have second thoughts...
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