What if???

[Guest Burn24]

As we all know carrying a firearm is a great responsibility and you are reminded of this during the CHP class.  As a CHP holder you may be held criminally and/or civilly liable for a projectile that leaves your weapon (God forbid you ever have to use it).  Additionally, there is a patchwork of places that you are prohibited from carrying even though you have acquired a CHP which can be a headache at times to comply with.

 

My question is… since you are liable for your actions as a CHP holder WHAT IF these businesses could be found legally liable for the serious bodily harm or death of customers by an armed assailant that gained access to their “posted” location.  Should they be required to have metal detectors and/or armed security to ensure the protection of their customers’ since they are essentially denying their customers’ the right to defend themselves?  If this were the case how many businesses would want to be “gun free zones”?

 

I know that a lot of you avoid “posted” locations as do I so I’m not interested in that answer.  I just want to hear peoples thoughts on this.   

[Oh Shoot]

Old topic here bud...our resident lawyers say it wouldn't fly in this state short of perhaps proving that the biz owner had specific knowledge of an imminent specific threat before it happened.

 

But even then, wouldn't be because of a no guns posting -- think about it, how could someone be culpable for behavior that is exactly prescribed by state law?

 

Maybe you'd have better luck suing each legislator that voted for passage of 39-17-1359. Riiiggght.

 

- OS

Edited May 22, 2014 by Oh Shoot

[Guest Burn24]

Old topic here bud...our resident lawyers say it wouldn't fly in this state short of perhaps proving that the biz owner had specific knowledge of an imminent specific threat before it happened.
 
But even then, wouldn't be because of a no guns posting -- think about it, how could someone be culpable for behavior that is exactly prescribed by state law?
 
Maybe you'd have better luck suing each legislator that voted for passage of 39-17-1359. Riiiggght.
 
- OS

Sorry for the repost of a topic already covered. I'm new to this forum thing and still learning the ropes.

As far as suing the legislators and winning I would say I have a better chance waking up as President tomorrow with a winning lottery ticket in my pocket.

[Oh Shoot]

Sorry for the repost of a topic already covered. I'm new to this forum thing and still learning the ropes.

 

No biggie. Just cutting to the chase on legal opinions from those in the biz.  'Course, any lawyer can be wrong, that's why they have judges and juries in addition to attorneys. :)

 

But here you're talking about a person doing exactly what is not only not prohibited, but even specifically sanctioned under TCA. So even if he knew there was going to be a heist at 3:00 and didn't clear out the store beforehand and someone gets killed, his liability wouldn't be because of a perfectly lawful no-guns sign.

 

- OS

[300winmag]

Best bet would be just to remove the criminal penalty from the sign law.  Most of the states surrounding TN do not have any sort of criminal penalty over a sign just like most of the states surrounding TN let folks keep loaded guns in cars.  TN finally will allow folks without permits to keep guns in cars in July. 

 

Let property owners disallow whatever they want, but at the same time remove the fine for those with permits.  It works in other states.  Why would it not work here?  Should someone be fined for possessing tobacco or alcohol at property owner's location when that person is not doing anything else?  Absolutely not.  At most, someone should just be asked to leave.  Guns should be no different.

[jbravo]

Well, since we are talking about the sign law and it has been stated on this forum before that we don't have any examples of anyone being charged, it happened here in memphis today. I'm sure it will not be the only charge this guy gets hit with. http://wreg.com/2014/05/21/gun-goes-off-in-movie-theater-after-falling-out-of-mans-pocket/

[Oh Shoot]

Well, since we are talking about the sign law and it has been stated on this forum before that we don't have any examples of anyone being charged, it happened here in memphis today. I'm sure it will not be the only charge this guy gets hit with. http://wreg.com/2014/05/21/gun-goes-off-in-movie-theater-after-falling-out-of-mans-pocket/

 

Also felony reckless endangerment as article states.

 

- OS

Edited May 22, 2014 by Oh Shoot

[bersaguy]

It is a known fact anyone can sue anyone or any company for anything. Look at McDonalds being sued over a woman spilling hot coffee on herself and being awarded 4 million dollars. Like OS said, that is what we have trial lawyers, judges and juries for. Will you win your case. Depends on a New york phone directory size of maybes. No one ever knows what a jury will do until the verdict is in. I do know that there are 1000's upon 1000's of what the courts call frivolous lawsuits filed every day and they look at them and you better have all your ducks in a row and be very very ready to prove your case before you jump in..............jmho