"Gun-Free Zone" liabilty law

[lock n' load]

I was wondering if Tennessee has ever looked at adopting a "Gun-Free Zone" liability law. From what I have read on the internet, Arizona and Georgia have tried to pass such legislation. I am not sure if it was eventually passed. The proposal would essentially place liability on property owners (malls, grocery stores, etc) who ban weapons on their propery even if the patron has an CCW/HCP and if that person was attacked, mugged, carjacked while on said property they could make the property owners liable for any criminal act commited against them due to the fact that they could not defend themselves because of the weapon ban. I am thinking of writing my representatives/legislators to try to consider such a bill if one is not already been suggested. Any input as to if this would ever fly?

[molonlabetn]

While it makes sense... I'm not a big fan of passing blame for a criminal's choices onto another person or entitly simply based on location. And when it all comes down to it, even if such a bill were passed, it wouldn't make any difference unless it affected the businesses financially, such as through higher insurance premiums... but since it seems most insurance companies require or reward 'gun-free zones', there would be no incentive to fear such liability unless one actually made it illegal for a business to deny a law-abiding gun owner from possessing their weapon. That would be as simple as removing the legally-enforceable posting provision, and force business owners to ask certain patrons to leave on a case-by-case basis.

[Guest clownsdd]

I believe, God forbid, you would be better of waiting 'till something happens, then get a good attorney and sue.

[Fallguy]

Based on what I saw in the legislature early this year, I think a bill like that would have a very hard time of passing.

But there has already been a case in TN where a property owner was held liable, for something that happened to it's customers. However there has to be a problem that the owner either knew about or should have known about and did nothing to correct.

[Guest PapaB]

I doubt that type of law would ever get out of committee. They couldn't even give us a clean parks bill.

I'd like to see posted businesses in higher crime areas held partially responsible for the results of criminal acts. They already are on notice so they don't have much of a defense imo. Anyone that enters that situation is also partially responsible in most cases. You usually have a choice to not go into that establishment.

Financially I think the criminal should be held 40 percent liable and the business should be another 40 percent with the victim accepting 20 percent.

[Guest 270win]

How about removing the stupid possible 500 fine penalty sign from the books.....that is a much simpler solution. Then you don't have to worry about being fined (I doubt anyone has ever been fined honestly...just typical feel good law for the bed wetters) and can walk past these signs. The fine is a solution to a non existant problem. Remove it and if someone puts up a sign...that is ok....good luck finding my gun...and if they somehow see it...they can ask me to leave and I will. I shouldn't risk getting fined because of a stupid sign and the police are called. That is retarded....why should i risk being fined AFTER i paid for a permit???? Fine the people that don't have permits and carry on property with signs.

[Guest HexHead]

But there has already been a case in TN where a property owner was held liable, for something that happened to it's customers. However there has to be a problem that the owner either knew about or should have known about and did nothing to correct.

I sure hope that's Jonny's Sports Bar.

[Fallguy]

I sure hope that's Jonny's Sports Bar.

No, Not yet anyway....

[lock n' load]

Thanks for the feedback everyone. I guess either I carry and hope I don't get caught or just shop at my own risk. I hope that maybe someday business/propery owners might realize that people with HCP's are not looking for a reason to shoot, they only carry to protect themselves (and others providing they use extreme discretion on the situation). I hope and pray I never have to find out.

[Guest 270win]

We should not risk being fined $500 over a stupid sign....even though i've never heard anyone fined....it's still on the books....stupid law that should be erased from TN law. I conceal a J frame in the proper holster and go about my life. My life is more important than $500....especially in Memphis city limits...I'll say that much if for some wierd reason my handgun is seen...the wrong cop is called...I am charged...and later convicted and fined...Worse things can happen in life than shelling out $500....I know folks that have gotten busted for DWI's and though I don't condone it...it has far more reaching consequences (suspension of DL, much heavier fine, getting costly high risk car insurance) than this sign thing....AND it is much easier to get caught for DWI than the sign law if you are concealing properly...not acting like a fool...and minding your own business.

Remove this unnecessary law from the books! Other states don't have such a law that penalizes permit holders...why should TN?

[TMMT]

While I'm all for CCW this type of law would never go. It would fly in the face of so much established private property law courts would strike this one down before it ever left the barn.