Florida’s Gun-Free Businesses May Soon Be Held Liable for Violence on Their Premises

Status
Not open for further replies.
I don't know why there's any need for this proposed legislation.

I can't see how a business would have any liability if someone walked in off the street and injured someone else.

If there is any liability it would be decided as a civil case without need for a law being passed declaring it.
 
Is not my right to keep and bear arms a civil right which is clearly stated in the constitution?
No, it is a right that may not be infringed by the Government. You have the choice of whether or not to patronize a business that prohibits firearms, bare feet, or thongs.
 
Last edited:
I think the theory was that if a business chooses to actively take steps to prohibit its patrons from defending themselves, then it creates an obligation to take other measures to defend them. i think that is reasonable.
It creates an obligation to take measures that will protect people with absolute certainty. Sicne that is not possible, it cannot be deemed reasonable.
 
No, it is a right that may not be infringed by the Government. You have the chicle of theater too patrons a business that prohibits firearms, bare feet, or things.

Using that logic a business can refuse service to anyone they desire because it is not the government.
 
Using that logic a business can refuse service to anyone they desire because it is not the government.
No. Do you think that the right to keep and bear arms somehow allows a citizen to carry a gun onto private property where the owner profits the carryon of guns? Well, it does not.

The property owner will not refuse service. He will ask the customer to take leave with the gun and return only without it. Failure to do so would constitute trespass.
 
No. Do you think that the right to keep and bear arms somehow allows a citizen to carry a gun onto private property where the owner profits the carryon of guns? Well, it does not.
The property owner will not refuse service. He will ask the customer to take leave with the gun and return only without it. Failure to do so would constitute trespass.

Why is it the government can dictate that a bakery cannot refuse to provide a wedding cake for a wedding of two homosexuals when their religious beliefs do not support homosexuality? The same with race, a business can't refuse to serve someone because of their race. Where is it in the constitution that an individual has the right to be served by a business just because they are of a certain sexual orientation or race? As an individual legally licensed to carry a firearm, my civil rights are being violated because I choose to carry a gun and the business owner doesn't like it. Same thing as if the business denies someone service because of race, etc. because they don't like it.

I only know of the constitution stating that an individual has the protection from unlawful search and seizure in their home and possessions. I've read nothing stating a business any rights because it is a business.

As to your last sentence, go back and re-read my post, I was talking about a business refusing to serve someone based on race, religion, etc.
 
As an individual legally licensed to carry a firearm, my civil rights are being violated because I choose to carry a gun and the business owner doesn't like it. Same thing as if the business denies someone service because of race, etc. because they don't like it.
He's not denying you service. He's setting rules for his business which he is entitled to do so long as those rules don't violate laws. If you refuse to abide by his rules then you're the one making the decision not to be served there. If you follow his lawful rules then you will be served like everyone else.

In addition, there is a huge difference in a rule that prohibits a type of person and a rule that prohibits a type of activity.
 
"However, his decision to not allow guns on his property may not constitute negligence."
The real question, is at what point does not allowing guns constitute negligence? Shady 7-11 at midnight in a bad neighborhood? In what way is it not negligent to prevent customers from having defensive means on them (or employees for that matter).

I've never understood how businesses can nonchalantly handle the insurance risk of being occasionally robbed, or employees occasionally assaulted, while the notion a customer or employee could possibly have a negligent discharge even once is completely unacceptable. Even though ND's a) generally don't injure/kill people, though sometimes they can, same as any other serious accident, and b) generally don't cause that much property damage. A clerk falling off a ladder or a customer slipping on a wet floor are far more clear & present dangers, and therefore we can sue a store for not putting a warning sign up when the toilet leaks. Yet we cannot sue the store responsible for making us disarm in the car before walking in on a robbery in progress (for example). FWIW, the "you can always choose to go someplace without the restriction" argument evaporated with segregation reform; public services are expected to serve the entire public. There's pro's and con's to this fact, but it is fact, and is how the law is applied in most every other facet besides guns (service animals, disabled persons, denial of entry vs. denial of service, etc)

TCB
 
Wouldn't it be very hard to prove in court that this was the cause of the outcome? The article speaks of "cause of action," - would this direct the law to automatically make the assumption that the outcome was due to this specific issue?

I strongly believe that gun free zones get innocent people killed, and that they attract violent criminals who choose gun free zones over areas where the good guys are also armed. However, I see a difference between a mandated gun free zone via law (a clear infringement on the 2A), versus a gun free zone that is a voluntary request that someone not carry a concealed firearm on private property. Do current signs in Florida differentiate the difference between a mandated gun free zone and a voluntary one? Does the law treat those issues differently?

Are there other precedents like this regarding negligence? For example, if a shop owner knowingly ignored repairing a defect in the floor and a customer fell through and was injured/killed, or if a shop owner banned the use of AEDs on his property & someone had a heart attack & died. I know of precedents that work this way in regards to violent crime - for example, if someone is the getaway driver for a robbery, and one of the robbers kills someone, the driver could be automatically charged with murder even if they were waiting in a car. But is it common to see law make a specific matter go from (what would most likely be) a civil case to a criminal one?

Finally, could someone who is an expert on Constitutional law clarify something for me...in regards to the 14th Amendment, this is intended to apply to State-level governments, but NOT private entities, correct?
 
I have argued in favor of such things several times.

Unfortunately it is likely to become necessary to prevent a concealed carry license from becoming meaningless.
If the only place you can carry is in your car or the sidewalk but not into the many places you need to visit, then you won''t typically be able to carry outside either because you will be on your way to or from a place prohibiting carry. In places that have the weight of law in prohibiting licensed carrying this is a big deal.
People simply don't realize how big of a deal it is yet because many businesses have been unaware of concealed carry and it is relatively new in much of the country, but as they become more aware and the occasional problem happens corporate policies will adjust.

I understand the desire to let businesses do as they wish, but corporate HQ of franchises and chain stores will generally come to the conclusion that a no weapons policy is standard.
This is because lawyers hundreds of miles away will always determine that not letting people have guns won't risk any money, but letting them have guns might. Just as they generally will have a policy that prevents employees from being armed and will fire them if they are found to be.
They would rather an employee die and owe no money as they are not responsible for the actions of a criminal but are responsible for the actions of an employee. Better to let them or anyone in that store die than take any risk of liability for what someone employed by them does and potentially owe lots of money.
Well that same policy is often extended to the customers as well.
They don't value the human beings. They are taking the route of least likely financial risk, no matter the cost to the individual. A no guns policy will never cause a criminal to not bring in a gun who is planning a robbery or violence. But it may stop people from having tools to defend themselves from those criminals.

The only real way to even the odds is to make them feel they are at risk of losing money either way, then they start from a neutral position in determining what they want.
If you prevent people from being able to defend themselves while providing no armed security, checkpoints that screen for weapons (and even those don't stop the guy that uses force against the person at the checkpoint and enters anyways but does insure everyone past the checkpoint they will encounter won't pose armed resistance) or other protections then you are in fact putting them at greater risk.
We are a society with widespread weapons, including guns, the only security that can deal with armed people is an armed security. Most loss prevention staff are not armed, even if they were inclined to help someone facing violence (and that is a big IF.)

A business open to the public is in public in my opinion, and under the law in some states.
Nobody forces a business to be open to the public, that is a choice the business makes.
These are not private businesses closed to the public, these are businesses choosing to be open to the public, and as such I think people should have the rights they do in other public areas, but if a business chooses to restrict those rights they should face liability if it has a negative consequence.
We tell them they can't discriminate on customers based on a number of things, you don't get to do what you want as a business in our society on several other issues.
Yet this doesn't even go that far, it tells them they can in fact ban guns if they want to, but they may face consequences for doing so.
Telling them they are liable for failing to provide for the safety of their customers if they choose to specifically prohibit the standard method of providing for their own safety makes perfect sense to me.
 
Last edited:
If a business owner's negligence causes harm, he should be held liable. However, his decision to not allow guns on his property may not constitute negligence. I would think Florida would have a tough time with this.

IIRC, didn't Tennessee just pass a similar law that rendered the GFZ owners liable in similar circumstances?
 
I've never understood how businesses can nonchalantly handle the insurance risk of being occasionally robbed, or employees occasionally assaulted, while the notion a customer or employee could possibly have a negligent discharge even once is completely unacceptable.
Because the risk of crimes is not a matter of company policy. Companies can not be held responsible for the criminal acts of others unless they are found to be negligent. So unless a robbery or assault can be shown to be the result of negligence on the part of the company, they aren't liable.

But accidents that happen on company property are going to incur liability on the part of the company. So if someone has an accident on company property (i.e. negligent discharge) the company will probably be liable for damages. That is especially true if it can be shown that the company could have taken reasonable action to help prevent the accident but did not. A lot of no gun policies are done in the name of providing a safe workplace and companies that choose not to have that kind of a prohibitive policy are open to the accusation that they did not provide a safe workplace because they allowed people to carry guns on the premises.
FWIW, the "you can always choose to go someplace without the restriction" argument evaporated with segregation reform; public services are expected to serve the entire public.
No, it did not. What was established was that it's illegal to refuse to serve someone because of who they ARE. It is not illegal to refuse to serve someone because of what they DO on the premises.

So you can't refuse to serve someone for being black or gay or a transvestite. But you CAN refuse to serve someone who carries a gun on your property or who won't wear a shirt or who causes a disturbance.
The only real way to even the odds is to make them feel they are at risk of losing money either way, then they start from a neutral position in determining what they want.
If this is the strategy then it needs to be done fairly and in a way that makes sense. The bill in question is neither fair nor does it make sense.
 
I strongly believe that gun free zones get innocent people killed, and that they attract violent criminals who choose gun free zones over areas where the good guys are also armed.
I agree.
 
If a person does not want to go into a business that does not allow guns, he should go somewhere else and quit crying.

Most of the gun shops in West Michigan do not allow loaded weapons in the store. Any gun brought in must be in a case and unloaded.
 
Status
Not open for further replies.
Back
Top