Bill allows suits over gun-free zone incidents - Kimber Forum

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Old 01-28-2016, 08:11 PM   #1
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Bill allows suits over gun-free zone incidents

The Tennessean

Bill allows suits over gun-free zone incidents

If a Tennessee grocery store bans guns on its property and a black bear or wild hog kills or injures a person who otherwise would be carrying his or her gun, the gun owner would be allowed to sue the property owner if a newly introduced bill became law.

Sponsored by Sen. Dolores Gresham, R-Somerville, Senate Bill 1736 has a very specific purpose.

“It is the intent of this section to balance the right of a handgun carry permit holder to carry a firearm in order to exercise the right of self-defense and the ability of a property owner or entity in charge of the property to exercise control over governmental or private property,” the bill states.

To accomplish that goal, the legislation allows any Tennessean with a valid gun permit to sue a property owner in the event of injury or death provided the incident occurred while in a gun-free zone.

The legislation places responsibility on the business or property owner of the gun-free area to protect the gun owner from any incidents that occur with any “invitees,” trespassers and employees found on the property, as well as vicious and wild animals and “defensible man-made and natural hazards.”

The bill does not define defensible man-made and natural hazards.

A handgun carry permit holder who is injured by any of the aforementioned would be able to file a lawsuit within two years of when the event occurred, provided they meet the following requirements:
  • the plaintiff had to be authorized to carry a gun at the time of the incident
  • the plaintiff was prohibited from carrying a firearm because of the gun-free sign
  • the property owner was not required to be posted by state or federal law but was posted by choice of the defendant

According to the language of the bill, the right to sue the property owner does not extend to individuals without gun permits.
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Old 01-28-2016, 11:41 PM   #2
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Wink Oakey Dokey!!

Sounds good to me, Chuck!! I'd like to see this in other states also! If they won't allow me to defend myself, then they are legally responsible for my safety. Short, quick and to the point.

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Old 01-29-2016, 08:39 AM   #3
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I have been in cases where people sued businesses for failure to provide security or took away their right to protect themselves. It seems that when a person enters property, the owner of the property or business assumes responsibility for that person's safety. I have not had a case yet where it was over or dealt with firearms. It will be interesting to see if the TN legislature passes this new bill.
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Old 01-29-2016, 07:30 PM   #4
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My employer forbids firearms in the building and in the parking area - can't keep locked up in the car. I figure they're responsible for my safety from the time I leave my house till I arrive back hope.
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Old 01-29-2016, 07:35 PM   #5
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Originally Posted by Spotly View Post
My employer forbids firearms in the building and in the parking area - can't keep locked up in the car. I figure they're responsible for my safety from the time I leave my house till I arrive back hope.
How would they know if you had a safe in your car ??

Stop a block from work and lock it up instead of not having protection to and from work...
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Old 01-29-2016, 07:54 PM   #6
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Just get an Enhanced Mississippi CCL and No Gun signs don't carry any weight.
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Old 01-29-2016, 08:01 PM   #7
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Originally Posted by Spotly View Post
My employer forbids firearms in the building and in the parking area - can't keep locked up in the car. I figure they're responsible for my safety from the time I leave my house till I arrive back hope.
There have been several court rulings saying that a person can keep a gun in their car on their employer's property. Louisiana has such a law. The employer cannot tell a person what they can keep in the car.

Here is an article from the Washington Post.

https://www.washingtonpost.com/news/...-parking-lots/
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Last edited by 1911fan; 01-29-2016 at 08:42 PM.
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Old 01-29-2016, 08:11 PM   #8
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Originally Posted by 1911fan View Post
There have been several court rulings saying that a person can keep a gun in their car on their employer's property. Louisiana has such a law. The employer cannot tell a person what they can keep in the car.
Anybody can carry in their car in MS without any license, it's considered private property just like your house.
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Old 01-29-2016, 08:12 PM   #9
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Originally Posted by 1911fan View Post
There have been several court rulings saying that a person can keep a gun in their car on their employer's property. Louisiana has such a law. The employer cannot tell a person what they can keep in the car.
http://www.ehs-support.com/wp-conten...r-premises.pdf

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Old 01-29-2016, 08:39 PM   #10
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If I remember correctly Illinois law allows employees that work for a company that doesn't allow carrying to legally secure their guns in their cars parked on company property.
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