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Is This Legal?
I posted this reply on the Smallbore Forum. I post it here in the hope that I might receive information or reference to information to answer my question.
Odd thing happened today. I drove 22 miles back to the sportings goods store to buy a brick of the Blazer .22 LR. The owner refused to sell to me. He said he wanted to make sure others could buy ammunition. He had no signs up about a limit. He had not previously said anything about a limit. And he certainly had not stated that he would not make further sales to me or I would not have bothered to drive 44 miles for ammunition that I would not be allowed to purchase. I did not at all appreciate being embarrassed in the store in front of employees and a customer. I am not normally a argumentative person, but I think tomorrow I will pay the owner a visit and call to his attention that he has no legal right to refuse to sell to anyone who walks through the door of his store. He may refuse to sell to anyone, but he may not pick and choose to whom he will sell.
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04-28-2009 10:56 PM
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I'm not saying that what they did was right, but to the best of my knowledge any privately owned business can refuse service to anyone they so choose.
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I agree with Former Cav, no legal issue at all -- and also w/ the store owner if he was really trying to make sure all his customers had "something" left to buy when walking in the door.
Strange times.
Thank the Leader.
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Thank you. I thought that as with race, gender, etc., that a store could not refuse service to a customer. Again, thank you. Sincerely. Bruce.
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Bruce, Cav & Mehavey are correct. And it is also the private establishments right to only accept the type of payment he wishes....this I learned a long time ago, the hard way.
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I was under the impression it was illegal to refuse legal tender (cash) for a consumer transacion?
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A brick? I can see if you asked for a case or two, but a brick is a normal purchase, not a prime example of hoarding.
Someday sales might not be so easy and the dealer may well regret ticking off customers.
Jim
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Life is to short to get bent out of shape about something like this. I should not have gotten angry. I was embarrassed by the way he spoke to me. I don't think I had done anything wrong.
I have been a minister for 25 years. I very well understand that one must use good sense in public places as it can have very serious repercussions on ones character and ministry. I know I did not speak to him in a disrespectful manner. I did ask to purchase one brick. I thought if he had instituted a limit, he needed to have a sign to that effect so that everyone would know. If such is not legal, he may well have a customer who will not tolerate such speech.
Interestingly, as I was typing the above paragraph one of my church members called. We had spent the day building a climbing tower for the children at church. He knows I like to shoot and will be in town tomorrow to buy some needed parts for our church project. As he also likes shooting, he said he planned to go by the new store and buy some .22 LR and wanted to know if I wanted him to buy some for me. I told him I thought he might not be able to buy .22LR in quantity and that he needed to buy for his own needs. He said he already had plenty on hand but that he will buy some for me. How cool is that? Good church members who will work to help the church reach people for Christ are wonderful people. It's even better when they like to shoot and go deer and hog hunting!
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I was under the impression it was illegal to refuse legal tender (cash) for a consumer transacion?
While the printing says "This note is legal tender for all debts, public and private," realize that the purchase of an article is not a debt, but an exchange of "good and valuable consideration" (as the lawyers like to say).
In effect, a purchase is the fulfillment of a contract between two parties in which *both* agree that what they get from the other is what they want in value -- in whatever form(s) that "value" is.
(Anything from a mess of pottage, to a coupla camels, to gold Kreugerands, ...as long a *both* parties agree.)
Last edited by MEHavey; 04-29-2009 at 08:46 PM.
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In these times, many gun shops are imposing limits on purchases of ammo, and components (primers, powder, brass, etc.). Some have signs, some do not. Since everything is back-ordered and in short supply due to the currect political situation, they want to try to please as many customers as they can with limited stocks. That's the current situation here in PA.
I was in a store with a buddy just a few days back -- they had a small display
of 5.56 NATO spec ammo. I picked up a case (1,000 rounds) and brought it to the registed to pay. I was informed that "1 case limit per customer -- no exceptions". There were no signs posted. I paid my money and left -- was glad to get it.
I'm sure that the store owner meant no personal disrespect to you.