Solution to Private Gun-Free Zones: A Private Cause of Action

I’ve long believed that the real solution to private “gun-free” zones was simply the legislative creation of a private cause of action that would allow those disarmed and wounded in such a zone to bring suite against the private persons who chose to create the high-risk “gun-free” zone.

Choose to deny the public you invite onto your premises the same kind of safety equipment the law allows them to possess on the sidewalk immediately outside your premises? Fine: but if they find themselves unable to defend themselves against a criminal use of force on your premises you’ll be held accountable for their damages.

Breitbart Government reports that Senator Dolores Gresham (R-Somerville), a state senator in Tennessee, seems to have the same idea, and is advancing a bill to that effect.

Under Gresham’s bill, a concealed permit holder would have up to two years to file a suit after being injured, with the following provisions:

  • 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

Gresham’s bill does not cover individuals without concealed carry permits.

Do read the whole thing by clicking here.

About the Author

Andrew Branca
Andrew F. Branca, Esq. is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions.

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