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 is a Massachusetts lawyer and the author of the seminal book “The Law of Self Defense, 3rd Edition,” available at the Law of Self Defense website (autographed copies available) and Amazon.com (paperback and Kindle), and many other re-sellers. Andrew just launched his latest product, the LOSD Instructor Program, designed for gun safety, marksmanship and tactical strategy instructors. Be an elite member of the self defense community, understanding your state's self defense laws to a depth even lawyers rarely achieve. Check it out here.   Andrew also gives live, in-person, ~5 hour-long state-specific Law of Self Defense Seminars all over the country. Click here to find a live seminar covering your state's self-defense laws.   Andrew also produces many 4-5 hour online, on-demand state-specific Law of Self Defense training courses. These online classes are enriched versions of the live, in-person state-specific Law of Self Defense Class Andrew gives all around the country. Click here to find an online course for your state. These online classes are priced at $249/HOUSEHOLD. You can learn more details and view the first section of the training class for free (about 30 minutes worth of self-defense law training) by clicking here.

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