Gun shoved in mouth of employee in ''no-guns'' business

Is it just us, or is this happening more and more frequently?

The Akron Beacon Journal is reporting that a clerk at a Holland Oil Citgo station in Akron was treated at a hospital after two masked gunmen dragged her by the hair, struck her in the head with a gun and shoved the gun in her mouth.

Police told the paper the robbery occurred around 7:30 a.m. Sunday at the Holland Oil station in the 1200 block of Triplett Boulevard.

The Beacon Journal reports the gunmen made off with an undisclosed amount of cash.

The news editors at the Beacon Journal did NOT bother themselves to mention that Holland Oil posts "no-guns" signs at all of its Citgo filling stations in northeast Ohio.

For contact information for this and other dangerous locations, visit OFCC's Do Not Patronize While Armed database.

UPDATE! Approximately sixty Holland Oil's Citgo gas/convenience stores can be found in a six-county area in and around Summit County. All are privately owned by Chuck Holland, and all have "No Guns" signs.

OFCC volunteers have tried long and hard to inform Holland Oil of the severe risk they were placing their employees in. Click on the "Read More..." link below for more.

When OFCC volunteer Wayne Cutlip wrote Holland Oil about their dangerous and discriminatory "No Guns" signs, he received a response from Senior Vice President Michael Toth:

From: Holland Oil Co. [[email protected]]
Sent: Monday, May 17, 2004 12:06 PM
To: Wayne Cutlip
Subject: Weapons on premises

Dear Mr. Cutlip,

First of all, I apologize for our delay in responding to your May 4, 2004 e-mail regarding this subject. I have been away from our office due to an illness and death in my family.

I also apologize for your inconvenience regarding our response to the new Ohio concealed weapons law. Our decision to restrict concealed weapons from our facilities as allowed by law is based upon the advice of our attorneys and related to the fact that most of our locations have liquor licenses.

Establishments with certain classes of liqour licenses are expressly restricted by law from permitting concealed weapons. Because our locations have a variety of licenses, some of which are expressly restricted and some which are not, our attorneys were concerned regarding the confusion that would be caused by having different rules at different locations.

Our insurance carrier was also concerned regarding increased risks to the safety of our customers and employees and also pressed for restrictions at all locations.

As a result we chose to implement a uniform policy across all of our locations.

While we understand that this explanation does not change the affect of this policy on you our customer, we hope that it will give you an understanding of our action.

We also hope that you will reconsider your decision to shop elsewhere and continue to allow us to serve you with brand name items at competitive prices in convenient locations.

Sincerely,

Michael Toth
Senior Vice President

OFCC's Chad Baus, who was at the time coordinating the Do Not Patronize While Armed list, responded with the following:

----- Original Message -----
From: Chad D. Baus
To: [email protected]
Sent: Wednesday, May 19, 2004 8:43 AM
Subject: Re: Holland Oil Co. Weapons on premises

Mr. Toth -

Mr. Cutlip copied me on your letter addressing the reasons why some of your stores have posted signs banning concealed carry on premises. I wanted to let you know that your attorneys have incorrectly advised you on Ohio law when they said that Class D liquor permit-holders are required to post "No CCW" signs.

Please allow me to quote from an April 5, 2004 letter from Ohio Liquor Control Board Superintendent Rae Ann Estep:

"The Concealed Carry Bill does not specifically address the issue of carrying concealed weapons into spiritous liquor agency stores. However, this new law allowed private property owners the right to post a sign on their property stating that no person can carry a concealed weapon onto that person's private property. Since agency stores are private businesses, the issue is within the sole discretion and business judgement of each spiritous liquor agency store, and each agency store that wishes to address this issue will have to adopt a policy regarding the presence of firearms on its premisis."

Also from the letter:

"Be aware, however, that this bill does not change the signage requirement regarding the Firearms Warning for holders of a Class D liquor permit. If your agency store also holds a Class D liquor permit, R.C. Section 4301.637(B) (copy attached) requires that you post this sign, which states that it is a felony to possess a firearm in a premisis which holds a Class D liquor permit. In addition, no policy can authorize the carrying of a concealed weapon in any room or open area arena where a Class D liquor permit is in force. Again, please see R.C. Section 2923.126(B)(4)." [emphasis added]

It is the italicized portion of this paragraph which we believe is being misunderstood by your attorneys to enforce a ban on concealed handgun license-holders in their stores.

Please read Ohio Revised Code Section 4301.637(B) carefully - this language was unchanged by House Bill 12 (the concealed carry bill) and pertains to a sign your stores were required to post long before this new law went into effect. THAT sign reads as follows:

"WARNING

If you are carrying a firearm

Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code, you may be guilty of a felony and are subject to a term of actual incarceration of one or two years."

It is the italicized portion of this sign language which Class D permit-holders need to keep in mind. It is very important to realize that the concealed carry restrictions prohibit a licensee from being in a Class D establishment that serves ("dispenses in premises") alcohol.

CONCLUSION: It is NOT illegal to carry concealed in a grocery or convenience store with a Class D liquor permit unless the grocery or convenience store also dispenses or serves alcohol. You are NOT required by to post signs banning concealed carry on premises.

Please feel free to call the Ohio Attorney General's office or Superintendent Estep's office yourself if you want third-party confirmation of this fact.

As far as insurance goes - would you be willing to tell us who your carrier is? There are no credible studies that show increased dangers to businesses because of concealed carry, yet many prove the benefits. Studies show that more shootings happen nationwide in places where guns are prohibited. NOT acting in any way (not posting signs) is the only certain way to avoid liability questions. If you post signs, there are those who believe it could be argued in court that you are accepting taking responsibility for the safety of your customers and employees.

Please consult "What Business Owners Need to Know About CCW" on our website if you'd like to know more:
http://www.buckeyefirearms.org/modules.php?name=Content&pa=showpage&pid=73

I hope this information is helpful. Those who are posting signs due to a misinterpretation of the law have been removing them once made aware of same, and we hope your stores will do so as well.

Customers tell us that those who refuse to remove signs, once being made aware of the law, are being interpreted as communicating that they do not want CHL-holders to patronize their establishments. Those businesses will remain on our Do Not Patronize While Armed list, as your business currently is.

Be advised, criminals will not pay any attention to these signs: Just last week, a Dairy Mart in Akron was robbed, and the clerk pistol-whipped. The Dairy Mart had "No-CCW" signs posted, and of course the criminal walked right by with his gun. I have not yet determined the motivation for the posting, but clearly the risk for stores who wish to defend themselves, but have a misunderstanding of their obligations under this law, is great.

Please let me know how you plan to proceed. If you choose to keep the signs posted, would you mind to provide us the names and locations if each store, so that we may let concealed handgun license-holders know where to avoid while armed?

Thank you for your time!

Chad D. Baus
Northwest Ohio Coordinator and Spokesperson
Ohioans For Concealed Carry
www.OhioCCW.org

Toth never replied. A week later, long-time customer Andy Holleran tried again, this time by sending a letter to the owner himself, Chuck Holland:

----- Original Message -----
From: "Andy Holleran"
To: OFCC
Sent: Monday, May 24, 2004 8:31 PM
Subject: Letter to Holland Oil

I've been a customer of theirs for many years, so I wrote them this letter:

May 24, 2004

Chuck Holland
Holland Oil
935 E. Tallmadge Avenue
Akron, OH 44310

Dear Mr. Holland,

I am writing regarding the decision of local Citgo / Holland Oil stores to prohibit legally carried firearms on their premises.
I have made the decision to legally obtain a CCW license, and to go armed. I have never been convicted (or even accused) of any crime, felony or otherwise. I purchased my gun legally, and with all appropriate background checks at the time of purchase. Similarly, when I applied for my CCW license, I was again investigated by law enforcement to make certain that had no criminal record, no mental illness and no protection orders against me. I have had many years of experience with guns, but still attended sixteen hours of classes (the minimum requirement is twelve) to make sure that I knew gun safety, the legalities of carrying and the rules of self-defense. I've spent many, many hours at the gun range to make sure that if, God forbid, I must actually use my firearm, that I don't unintentionally injure innocent bystanders. I dread the day I would be forced to defend myself with a gun, but I dread more the day that my life or the lives of my children is threatened and I am defenseless. And so, in the same vein that I wear seatbelts for the car accident I hope never happens, I legally carry a gun for a day that I hope never comes.
Compare me with a criminal. He has been carrying concealed weapons illegally for years. He will never bother to apply for a license because his background would only prohibit him from obtaining the license. His gun is most likely stolen, because if he has a criminal record, it is impossible for him to purchase a gun legally. It may sound redundant, but it is also a felony for a felon to even touch a firearm. Also, chances are good that he never practices with his gun. He doesn't care who he kills. He also doesn't care that you've put a sign on your door.

On May 5, 2004, Edward Morton walked into a local Dairy Mart with a "No Guns" sign clearly posted on the door. Morton, however, did have a gun. Six customers and the clerk were defenseless. He pointed the gun in the clerk's face, and thankfully "only" pistol whipped him before fleeing.

Ohio has one of the highest bank robbery rates in the nation. First Merit Bank has chosen to post "No Guns" signs on its doors in Ohio, but not at branches in other states where concealed carry is also legal. On May 21, 2004, An man armed with a gun walked right past the "No Guns" sign clearly posted on the door of the First Merit Bank branch at 1060 Kenmore Blvd. and robbed it. He didn't care about the sign on the door.
But I do. I have been a loyal customer of the Holland Oil stations for many years, and it would never occur to me to carry a gun onto your premises if you don't want them there. But your signs won't keep me from legally carrying my gun, they only force me to shop at places that don't discriminate against me. I'm not boycotting you; I just won't break the law to buy gas, bread and milk. Your signs will never keep people like Edward Morton out of your stores, but they do keep me out.
I hope you'll give this letter some thought and consider removing the signs. A 2003 Zogby poll shows that 66% of Americans believe in the right to bear arms for self defense if the bearer passes background checks and training, regardless of whether the poll respondent was a gun owner or not. 11% were strongly against it, so Holland Oil is firmly in the minority with this course of action. Good people have nothing to fear from good people keeping and bearing arms. Only bad people need fear that.

I thank you for your time and await your reply.

Sincerely,

Andrew P. Holleran

When their employee recovers enough from her injuries to begin asking why she was made to work such a dangeous job without protection, Chuck Holland and Michael Toth will have NO excuse.