GUNS/RLTD Georgia Bill Makes Property Owners Liable for Injuries in Gun-Free Zones

Macgyver

Has No Life - Lives on TB

Georgia Bill Makes Property Owners Liable for Injuries in Gun-Free Zones​


Georgia House Bill 1364 makes property owners liable if a legal concealed carrier is harmed while barred from being armed for self-defense on the owner’s property.
HB 1364 says, “Any lawful weapons carrier who is prohibited from carrying… and who is injured… shall have a cause of action against the person, business or other entity that owns or legally controls such property,” according to 11 Alive.

The bill is sponsored by State Rep. Martin Momtahan (R).
Momtahan explained his motivation for introducing the legislation.
He said, “All we want to make sure is, if you’re in the store or anywhere and it has a ‘no gun’ sign, then that store needs to understand they have absolute custodial care of that person [who’s denied the ability to be armed].”

The text of HB 1364 clarifies that any posting that bars legal gun owners from being armed for self-defense must be accompanied by signage that makes clear the land owner understands his custodial duties:
Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.
WATCH — AWR Hawkins: “America Has a Gun-Free-Zone Problem”
 

ssonb

Senior Member
In reality the bill is superfluous those gun free signs advertise that it is a super safe zone and I the owner guarantee it.
 

Publius

TB Fanatic
This bill may keep many business owners from baring people from carrying a weapon inside their place of business.
If the store owner does want the liability they must allow people to carry sidearms in this case anywhere in the state of Georgia which is now a constitutional carry state.
 

Shadow

Swift, Silent,...Sleepy
I thought, after the Texas school tower shooting, that courts ruled that property owners were liable for the safety of anyone legally on their property. There was also a case of a famous singer that was raped in a motel that further established this.

This bill may be redundant, or, it codifies the principal.

Shadow
 

SSTemplar

Veteran Member
Government buildings and schools are the only gun- free zones I see around here. Walmart does request you keep you pistol concealed. A reasonable request.
 

Griz3752

Retired, practising Curmudgeon
I thought Tennessee tried this a few years ago. I never saw the final result.

This is a great idea that will cause some shallow thinking libtards to spontaneously combust. :)
TN changed position on Constitutional Carry about once every 8 months± for about 3 years but this must have slipped by me
 

Kathy in FL

Administrator
_______________
It’s going to be a case by case situation. If the property owner says their property is “gun free” and enforces it contrary to state law and a death or injury results because of the enforcement I can see someone trying to bring it to civil court. But people have always had the option to take something to civil court and they do every day. That’s the reason for liability insurance.

That said, if this bill makes it to law - which I doubt will happen without a ton of loopholes to make it useless - I can see that the cost of liability insurance is going to skyrocket which will cause a different set of problems.
 

CaryC

Has No Life - Lives on TB
Government buildings and schools are the only gun- free zones I see around here. Walmart does request you keep you pistol concealed. A reasonable request.
In Tupelo, MS, not GA:

Any and all medical campus' are gun free and smoke free zones. And since Tupelo, has the largest rural hospital in the US that is a lot of places. It includes clinics and testing facilities.

As is the Mall posted on every door they got. And a bunch of other stores.

And those with enhanced permits, can carry even while court is in session at the courthouse.

When MS first went "shall" issue. Permit carriers carried them everywhere, and no one could say anything about it. Especially enhanced carry. All the signs came down.

Then some lawyers got in the mix and said that those places (stores what not) were private property and they could request a customer to leave and if they didn't they could be cited for trespassing. Signs went back up.

As Kathy in FL said in any store (private property) they need to carry insurance against liability, so that if anyone got hurt IN their store they could be sued. Just as you do your home. It's not just falling and breaking a leg, either. It's any harm.

All this bill does is let store owners know they are liable also for anyone hurt in a shoot out, in their store. Which in general has been the case anyway. Unless there is a clause exempting criminal activity in a law book somewhere. If there is, this bill would cancel that. IMHO
 

kyrsyan

Has No Life - Lives on TB
Another way to get it in effect is for victims of crimes in gun-free zones to start suing the business owners if they get harmed in those zones. Or if their family members die due to something that occurs in that gun free zone.
 
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