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Gun Law Update

Dec. 11, 2007

by Alan Korwin, Author

Gun Laws of America

Gun-Free-Zone Liability Act Re-Introduced

Gun-Free-Zone Liability Act Re-Introduced

Gun-Free-Zone Liability Act Re-Introduced

In the wake of recent public shootings, at least one state will again introduce the bill that says if you create a so-called “gun-free zone†you are liable for any harm it causes. http://www.gunlaws.com/GFZ/GFZ-BillReview.htm.

The Gun-Free-Zone Liability Act of 2008 doesn’t prevent public places from posting signs that ban the civil right to keep and bear arms. The zones however are known to be dangerous, as recent shootings at Virginia Tech and an Omaha shopping mall have demonstrated. The proposed law only addresses the negligent nature of such zones, making those responsible for disarming innocent bystanders liable for damages. It has no direct cost to government.

According to leading experts, “gun-free zones†are fraudulent, because no alternate means of security is provided, and even FBI-certified firearms owners cannot enter. This leaves only the criminal element armed, and free to wreak havoc without a meaningful deterrent.

Concealed-weapon laws enacted in most states were designed to counteract random shootings, but are defeated by the recklessly created zones that are anything but gun free.

As if to demonstrate the bill’s value, a private citizen with a CCW permit in Colorado shot and killed a madman intent on wiping out a congregation at church. The news media, behaving in a now-familiar manner, played down the incident, referring to the woman as a security guard. http://instapundit.com/archives2/012740.php

The Associated Press headline, “Megachurches expand use of security forces,†essentially hid what actually happened. The Uninvited Ombudsman, in a report due shortly, suggests a more descriptive headline of “CCW-Permit Holder Kills Murderer, Saves Lives.â€

The bill language and background was mentioned and linked yesterday by Glenn Reynolds at Instapundit, and has increased interest in the bill, set to be introduced in Arizona in January. It was last introduced in Arizona in 2003, and Georgia also introduced a version of the personal-safety legislation.

You are encouraged to copy the model language at gunlaws.com and ask members of your state legislature to introduce this common-sense, life-saving bill.

http://www.gunlaws.com/GFZ/index.htm

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Reminder:

This Saturday, Dec. 15, is Bill of Rights Day, a perfect time to gather with friends to read and contemplate the document that has done so much to advance the cause of freedom. A special event is planned in my state at the Scottsdale Plaza Resort at 2 p.m., following the Arizona Federation of Taxpayers awards luncheon. Details on my site under the “New Stuff†button.

http://www.gunlaws.com/BOR%20Day%202007.htm

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Posted

How would anyone collect on this? Say there is a shooting in a gun free zone. Someone is killed, a person or loved one without a carry permit. How do you go about proving that it being a gun free zone caused the death?

Posted

I just e-mailed my congressman (Zack Wamp) about passing this. He has allways responded to my e-mails with enough info to know that he actually read it and cares. I would love to see this passed in TN. Thanks so much for the info. I am gonna also start passing that letter out around Cleveland. Good info and thanks again!!!

Posted
How would anyone collect on this? Say there is a shooting in a gun free zone. Someone is killed, a person or loved one without a carry permit. How do you go about proving that it being a gun free zone caused the death?

The fact that it is a gun free zone means that the owners are responsible for my safety while I am there. Just as you are responsible for people on your property should they get hurt the store owner is responsible for me or my loved ones not being injured or killed while I am in their establishment. If one of their rules or their negligence causes me to be injured I have the right to sue and should be ruled in favor of.

Posted
If one of their rules or their negligence causes me to be injured I have the right to sue and should be ruled in favor of.

Would this only apply to someone who was killed or inured only if they or their loved had a carry permit and was unable to carry? I am not sure how this would all work.

As it is now you could still sue over the gun free zone being negligent.

I find this very confusing.<!-- / message --><!-- sig -->

Posted

I'd rather see the state get rid of the criminal penalty fine for carrying in a properly signed location than pass this law. Many states have no such penalty for carrying in a place that has a 'posted' location. That is garbage if you have a license and be charged for a weapons violation over a sign. My next steps would be getting rid of the alcohol law that keeps people from legally carrying in restaurants and bars, then school property. I see no problem with people who paid the piper for a license and have been checked out thoroughly carrying wherever they want. Again many states have allowed licensees to carry wherever they want practically, even California allows carrying in schools for licensees. What is the problem with Tennessee?

Posted

I’ve said it before and I’ll say it again….. Give TOTAL immunity from civil action to business owners and most of these sign issues will be moot.

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That legislation may work in Arizona but it won’t fly in Tennessee. Tennessee is not going to try to bully or threaten business owners.

Guest flyfishtn
Posted
Tennessee is not going to try to bully or threaten business owners.

Well, they took away smoking (I am a cigar smoker) in establishments which reduces their revenue and didn't make it a business owner decision (which it should be). Let's hope they don't go in this direction.

Posted

There is nothing about bullying a business owner by removing criminal penalties for carrying in a 'posted' location. Why should i be charged with a crime for licensed carrying of a handgun? If you go across the state line into Alabama and Georgia, there is no such 'signing' statutes in those states' weapons laws. You can virtually carry anywhere in Alabama (schools, bars, signed property), except at a place where there is picketing with a cheap license from a county sheriff. What is the big difference in demographics and ideas on gun rights between Alabama and Tennessee? You'd think California would have a whole list of 'prohibited' locations, but the state doesn't.

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