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

PatMiles

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Minuteman
Feb 25, 2017
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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.
 
Why would you not carry regardless of what may be posted? More political theatre by a rino in Georgia. They should be focused on fixing the rampant voter fraud in their state.
Because if you get caught carrying when a 30.06 notice has been posted you will be charged with a felony.

I was wrong, not a felony and thanks to the fellows that pointed that out.
 
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That could seriously bite them square in the ass.....HARD.

Isn't the state gov the one that says they cannot carry in certain areas ?
Well there ya fucking go.
First time someone can't carry that is a legal carrier and gets hurt....sue the fucking shoes off the state.
Should be obvious, no ?
 
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Because if you get caught carrying when a 30.06 notice has been posted you will be charged with a felony.
I don't think so.

They can ask you to leave. If you don't then you can be charged with trespassing. Trespassing is not a felony.
 
It isn’t like this in Minnesota. They have to ask you leave. No fine unless maybe you stay on the property and make a scene.
It is that way in MO, for businesses and the like if there is a "no gun" sign all they can really do is ask you to leave. If you don't it is trespass.

If you go in, do what you came to do, buy a gallon of milk or whatever, then leave. No one needs to ever know. It frankly is none of their business if I am armed or not.

Do you also want to know what color shorts I am wearing.
 
Because if you get caught carrying when a 30.06 notice has been posted you will be charged with a felony.
No you won't.
It is a Class C Misdemeanor, fine only, not to exceed 200 dollars.
If you refuse to leave, it is a Class A misdemeanor.
 
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I don't think so.

They can ask you to leave. If you don't then you can be charged with trespassing. Trespassing is not a felony.
Yep, thanks so much, I was completely wrong on that.
 
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I always remove my pistol from the holster and lock it in my truck before entering the bank. I also carry a utility knife in a sheath because it is part of my job and never give it a second thought.

Standing at the teller line, I was approached by the bank manager and was told I couldn't carry a deadly weapon in the bank. Thinking she had glimpsed a small portion of the holster, I raised my jacket to show it was empty. She said it concerned the utility knife on my belt. Before my anger mounted, she started laughing and said she was just giving me shit. She went on to say she had zero concerns about me carrying a firearm inside.

I need to add I live in an area where the radio plays school kids reciting the pledge of allegiance at 8 am and the national anthem at noon.
 
Never pass in GA. RINOs control the GA government and they do not want to make Hollywood unhappy or see mean reports about them on CNN.
 
Unless things have changed, in NC it’s a felony according to the class I took. That was about 10 years ago, but I haven’t heard differently.
 
It is that way in MO, for businesses and the like if there is a "no gun" sign all they can really do is ask you to leave. If you don't it is trespass.

If you go in, do what you came to do, buy a gallon of milk or whatever, then leave. No one needs to ever know. It frankly is none of their business if I am armed or not.

Do you also want to know what color shorts I am wearing.
Are you wearing the ones with the racing stripe in the middle?
 
i disarm prior at bank and usually the dr's office. my bank has you go thru a detector entry. dr's office if i think some "exam" is coming as most current are very woke AEB their vaccine and statin obsessions. i think,here in FL,there is an armed tresspass charge. don't know or care as i seem to have conceal down pretty good and never been questioned. most people are unconscious about the issue anyway.
 
Soooo I'm divided on this after having thought about it...

On one hand I love the idea...

...but then the libertarian half of me got to thinking...who is the govt to say i am all of a sudden responsible for people who freely follow the rules of my house and freely come inside agreeing to those rules?.....


If I don't allow someone to come in with their attack dogs, am I also responsible?

If I don't allow someone to come in wearing a medieval suit of armor, am I also liable?

No one is forcing you to come into my store....if you want to come in, you have to obey my rules...if my rules say "no guns"...and you don't like it, you are free to shop elsewhere...

What if someone tossed a hand grenade in the store and ran off?...how would a gun have helped you?....but now I'm responsible?

What if you forget to take your insulin?....am I liable for your injuries somehow?


Hell, who's to say the person who was injured was even intending to carry a gun???....could've been someone who wasn't carrying who is just looking to pass the burden of their injuries onto someone else.



Also, what would passing this then give the govt precedent to do?

You are responsible for the mental well being of anyone who's pronouns you don't respect???


Living free means sometimes people get to make choices you don't approve of.
Horror of horrors, I agree with you.

I carry every day, full sized 9 mm in an OWB under a large shirt. The grocery stores have a sign that says it unlawful to carry an unlicensed gun in the store. This was before the Constitutional Carry passing. I have an LTC. There are a few locations that say handguns are not allowed and I usually comply. Your house, your rules.

Most especially your last statement happen er'y day.
 
Soooo I'm divided on this after having thought about it...

On one hand I love the idea...

...but then the libertarian half of me got to thinking...who is the govt to say i am all of a sudden responsible for people who freely follow the rules of my house and freely come inside agreeing to those rules?.....


If I don't allow someone to come in with their attack dogs, am I also responsible?

If I don't allow someone to come in wearing a medieval suit of armor, am I also liable?

No one is forcing you to come into my store....if you want to come in, you have to obey my rules...if my rules say "no guns"...and you don't like it, you are free to shop elsewhere...

What if someone tossed a hand grenade in the store and ran off?...how would a gun have helped you?....but now I'm responsible?

What if you forget to take your insulin?....am I liable for your injuries somehow?


Hell, who's to say the person who was injured was even intending to carry a gun???....could've been someone who wasn't carrying who is just looking to pass the burden of their injuries onto someone else.



Also, what would passing this then give the govt precedent to do?

You are responsible for the mental well being of anyone who's pronouns you don't respect???


Living free means sometimes people get to make choices you don't approve of.
Your kind of post is something that needs to happen more, before laws are considered and passed...try to think of the unintended consequences of the law.

Sure, many people want the idiots that post "gun free" and have some sort of way to "make them pay" for the stupid rule, but instantly jumping on board with another rule like this may have its own set of problems, as you outline.
 
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Your kind of post is something that needs to happen more, before laws are considered and passed...try to think of the unintended consequences of the law.

Sure, many people want the idiots that post "gun free" and have some sort of way to "make them pay" for the stupid rule, but instantly jumping on board with another rule like this may have its own set of problems, as you outline.
True. Even when well-intentioned, government turns everything to shit. Sometimes, literally.

Like, when they decided in the interest of water conservation to outlaw large capacity flow toilets. Now, you can only get small capacity for residential. "Hi, we're from the government. We're going to fix this until it doesn't work anymore and then leave it that way."