TN Gun Law Allows CCWs to Sue Store Owners

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tommy610
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TN Gun Law Allows CCWs to Sue Store Owners

Post by tommy610 »

I was thinking this was something that would be great for VA, but we don't have the problem TN has. Their "No Guns" signs carry the weight of law - ours do not. But, still an interesting read. Maybe this will make a lot of TN store owners take those signs down.

http://www.bizpacreview.com/2016/06/30/ ... law-359076
Tennessee gives liberals a dose of their own medicine, passes AWESOME pro-gun law

Tennessee’s uber-conservative legislature has been doing some pretty amazing things of late, but Senate Bill 1736 arguably tops them all.

In an ironic twist for a society that has become increasingly and almost absurdly litigious and yet so full of ninnys who get a “thrill up their leg” at the mere thought of taking away your right to defend yourself, Tennessee has turned those two things completely upside down by exposing those very ninnys to the only thing they understand – the prospect of a big fat lawsuit.

Introduced in January and effective July 1, 2016, the bill says if a citizen with a legal concealed carry permit gets injured in a “gun-free zone” where they have effectively been stripped of their Second Amendment rights, said citizen will be allowed to SUE the person or business who set up the “gun-free zone” in the first place!

According to Bearing Arms, “Any permit holder injured as a result of being stripped of their right to self-defense, and their handgun, in a posted gun-free zone can file a lawsuit within two years of the event as long as they meet the following requirements: 1.) were authorized to carry a gun at the time of the incident 2.) prohibited from carrying a firearm because of a gun-free sign 3.) the property owner was not required to be posted by state or federal law and posted by choice.”

So, supposing a Tennessee convenience store owner posted one of those “no gun” signs in his store because he just knows the criminals are going to look at that sign and say, “Dang it, I guess I can’t rob this store. There’s a NO GUN sign!”

Except, let’s say some criminal ignores the sign (the nerve!) and robs the place anyway. Supposing that happens, and a conceal carry owner who obediently left his firearm at home or in his car so as not to disobey the law gets injured by the criminal, the conceal carry owner will then be able to sue the store owner for damages.

“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.

The absolutely brilliant purpose of the legislation is to place the responsibility for protection on the business or property owner, since they have effectively disarmed the law-abiding public who would otherwise be able to protect themselves from “defensible man-made and natural hazards.”

BOOM!

Let’s hope every other state follows Tennessee’s example!
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Re: TN Gun Law Allows CCWs to Sue Store Owners

Post by dusterdude »

Hell yea

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Re: TN Gun Law Allows CCWs to Sue Store Owners

Post by MarcSpaz »

Actually, in VA its criminal trespassing if you get caught carrying in a place with signs posted. $2,500 fine, 1 year in jail or both.

We should have the saw liability laws here. If you forbid me to protect myself on your property, then you have assumed responsibility for my safety.
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Re: TN Gun Law Allows CCWs to Sue Store Owners

Post by NewColonial »

VCDL has an update about the TN law, which is widely misreported. It does not give people the right to sue a business if they are disarmed and injured. (VCDL specifically cites Bearing Arms as getting it wrong.) The law only protects a business from liability if they COULD ban guns but DON'T.

Tennessee passes bill against private gun-free zones, but the press gets the bill wrong
**************************************************

A bill signed into law in Tennessee has been misreported by the press (another surprise). The story and others say:

"As of July 1, if a handgun carry permit holder in Tennessee is injured, suffers bodily injury or death, incurs economic loss or expense, property damage or any other compensable loss on a property posted as a gun-free zone, they can sue the person or entity who stripped them of their right to self defense.”

The trouble is that the bill was modified before it got passed and the modified bill does not work that way. It actually works by giving civil suit immunity to businesses that don’t ban guns. That’s not nearly as good. Here’s the key language in the bill that passed:

" (a) A person, business, or other entity
that owns, controls, or manages property and has the authority to prohibit
weapons on that property by posting, pursuant to§ 39-17-1359, shall be
immune from civil liability with respect to any claim based on such
person's, business's, or other entity's failure to adopt a policy that
prohibits weapons on the property by posting pursuant to§ 39-17-1359.

(b) Immunity under this subsection (a) does
not apply to a person, business, or other entity whose conduct or failure to
act is the result of gross negligence or willful or wanton misconduct. “
"Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men."
--Saint Augustine
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Re: TN Gun Law Allows CCWs to Sue Store Owners

Post by MarcSpaz »

That's pointless. There is a universe and my imagination full of stuff that is NOT BANNED in my business. I mean, my business doesn't explicitly ban people from driving inside my office. Does that mean, if someone crashes a car through my building and hits someone, that I can be sued because I didn't ban driving in the building, but I could have/should have banned it?

Good grief. I better put a "No Meteors" sign up ASAP. God forbid a customer gets hit with a rock from space while in my office. I don't want to be sued because I didn't hang a sign telling meteors to stay out.
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