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Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 6:17 pm
by NotRPB
Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says
http://www.dallasnews.com/news/politics ... r-says.ece
AUSTIN — Texas businesses that ask customers to disarm themselves will have to pay for injuries incurred in these gun-free zones if state Sen. Bob Hall has his way.

Hall, R-Edgewood, wants to propose a law that will make gun-free businesses liable for "any harm that befalls patrons as a result of being deprived of his or her weapon." The law, Hall says, would "encourage Texas businesses to do the right thing and allow their patrons to carry the firearms they have lawfully trained with for self-protection."
more at http://www.dallasnews.com/news/politics ... r-says.ece
I think it's Patterned after the Tennessee law
Tennessee Businesses That Disarm Concealed Carry Permit Holders Now Liable for Their Safety
http://www.breitbart.com/big-government ... ir-safety/
New law addresses liability for gun free businesses http://www.kxxv.com/story/32351422/new- ... o-lawsuits

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 6:25 pm
by TreyHouston
:clapping: :clapping: :thumbs2: ITS ABOUT TIME SENATORS READ OUR FORUM!!!!

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 6:32 pm
by TreyHouston
.... Wait, are private universities a buisness? Same with daycares? .... Intresting to the the swing on this one....

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 8:02 pm
by blackdog8200
Seems like we have a case for discrimination here...

If business can be sued and lose for not providing service to (insert protected class here) over a wedding cake etc. Improperly sloped tile floor or serving a bit cup of coffee.... A life safety issue should be an easy argument.

:txflag:

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 8:33 pm
by OnceFired
This will be VERY interesting to follow.

To have a clear, conscious & highly deliberate act specifically called out as vulnerable BECAUSE it limited the freedoms of a person who was injured during the commission of what is likely to be a felony crime by a 3rd party will be extraordinary for the gun rights movement.

It's not like leaving a wet floor and someone falls or no one repairs a crack in the pavement and someone trips where negligence or lack of action is the order of the day. This focuses upon WILLFUL decision making.

What is interesting is the insurance liability component here. IF something happens at such a location (which many of the posted 30.06 signs are in troubled areas by nature) the dollar amounts will balloon badly against a proprietor who chose poorly. Rather than play the odds of a CHL having an issue (which is proven near negligible) to choose this method is *many* orders of magnitude worse if something DOES happen.

@Charles - what do you think of this development?

OF

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 9:15 pm
by Oldgringo
That must apply to churches, synagogues, mosques and tent revivals as well, eh?

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 9:28 pm
by TreyHouston
The words were focused to a "buisness". Is a church and private colleges a buisness? Stadiums? Zoos and amusement parks?
I cant really find a google answer to this... Can a legal person chime in?

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 9:32 pm
by TexasJohnBoy
OnceFired wrote:This will be VERY interesting to follow.

To have a clear, conscious & highly deliberate act specifically called out as vulnerable BECAUSE it limited the freedoms of a person who was injured during the commission of what is likely to be a felony crime by a 3rd party will be extraordinary for the gun rights movement.

It's not like leaving a wet floor and someone falls or no one repairs a crack in the pavement and someone trips where negligence or lack of action is the order of the day. This focuses upon WILLFUL decision making.

What is interesting is the insurance liability component here. IF something happens at such a location (which many of the posted 30.06 signs are in troubled areas by nature) the dollar amounts will balloon badly against a proprietor who chose poorly. Rather than play the odds of a CHL having an issue (which is proven negligible) to choose this method is *many* orders of magnitude worse if something DOES happen.

@Charles - what do you think of this development?

OF
I fixed it for you :tiphat: ;-)

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 10:08 pm
by twomillenium
When you choose to go to do business with someone, it is your choice -- not the business's. SO be responsible for your own choosing and quit blame others because they are not wet nursing you. This goes both ways.

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Mon Aug 08, 2016 11:35 pm
by AJSully421
Let's crank this up to 11 and make it that "every location in the state" that bans weapons is liable.

That should keep those bailiffs awake in the courtroom.

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Tue Aug 09, 2016 4:46 am
by Abraham
While I think twomillenium has a point, I'm thinking about places you must go that're posted 30.06 like: Your place of work, most doctors offices, etc.

Why shouldn't they be held liable?

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Tue Aug 09, 2016 6:10 am
by parabelum
It is refreshing to see common sense come out. Just yesterday my wife told me that she had to disarm prior to going into the Hulen Mall (...our teenage daughter just "had" to get her school stuff there...).
She said that the entire time her Glock was in the car, she felt like a sitting duck.

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Tue Aug 09, 2016 6:42 am
by RoyGBiv
twomillenium wrote:When you choose to go to do business with someone, it is your choice -- not the business's. SO be responsible for your own choosing and quit blame others because they are not wet nursing you. This goes both ways.
If my local xxxxxxxxxx business posts 3006, and there's not another such business in town, because the demand for xxxxxxxxxx won't support 2 such businesses, should I go without? Isn't my 2A right constitutionally protected?

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Tue Aug 09, 2016 7:08 am
by Excaliber
RoyGBiv wrote:
twomillenium wrote:When you choose to go to do business with someone, it is your choice -- not the business's. SO be responsible for your own choosing and quit blame others because they are not wet nursing you. This goes both ways.
If my local xxxxxxxxxx business posts 3006, and there's not another such business in town, because the demand for xxxxxxxxxx won't support 2 such businesses, should I go without? Isn't my 2A right constitutionally protected?
Here's a way to use the current legal situation to do something similar:

If anyone, not just an LTC, enters a 30.06 or 30.07 posted establishment and is harmed by an armed criminal, he or she could sue because that person relied upon the establishment's representation that guns are not allowed and the establishment in fact failed to take effective measures to actually provide the promised safety.

I'm not aware of this ever being tried, but I'll bet it would get some pearls clutched if it were.

Re: Texas businesses that ban guns should be liable if unarmed patrons are hurt, Dallas senator says

Posted: Tue Aug 09, 2016 7:54 am
by RHenriksen
parabelum wrote:It is refreshing to see common sense come out. Just yesterday my wife told me that she had to disarm prior to going into the Hulen Mall (...our teenage daughter just "had" to get her school stuff there...).
She said that the entire time her Glock was in the car, she felt like a sitting duck.
I can promise her the Glock felt the same way, out in the car all by itself