Common Sense Gun Legislation I Can Get Behind!

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Common Sense Gun Legislation I Can Get Behind!

POSTED BY MICHAEL BANE AT 8:38 AM

Gun-Free Zone Liability Act

Originally introduced in Arizona as The Defenseless Victim Act of 2002, this bill recognizes that gun-free zones, recklessly made and typically with no alternative security provided, are known to be extremely dangerous.

We have seen this (when the bill was first introduced) in the Wakefield, Mass., slayings, the Luby's Massacre, and even the hijacked airliners on Sept. 11, where pilots and passengers were defenseless, in the false name of security. Congress responded to that with the "Arm The Pilots" law.

The death toll from gun-free zones continues to mount, with the 2007 Virginia Tech slaughter of helpless students and faculty, and at a Christmastime massacre that year in an Omaha shopping mall. The mall had "no guns allowed" signs to keep out FBI-certified citizens with CCW permits. The murderer, as in all such cases, disobeyed the signs. The news media continues to suppress stories where armed individuals stop such mayhem. See for example, The Bias Against Guns, by John Lott, for numerous egregious examples. You can also read this eloquent gun-bias editorial online.

The Gun-Free-Zone Liability Act basically says that, in public places, if you create a dangerous gun-free zone, you're liable for any harm it causes. There is no cost or budget item associated with enacting this bill.

The idea that gun-free zones are safe is fraudulent.

It is a mythology perpetrated by anti-rights activists who can often be recognized by their beliefs that:

1 - self defense should be illegal,
2 - guns should be confiscated,
3 - no one but "authorities" should have guns,
4 - government can take care of you better than you can.

The anti-self-defense lobby would tell you to rely upon the police for your safety, but they always omit the inconvenient facts that:

1 - police have no legal duty to protect you;
2 - they routinely respond only after an event to pick up the pieces;
3 - when seconds count, the police are just minutes away.
I wonder if it might be possible to really get this on the table (it has been seriously discussed in Arizona and Georgia legislatures). As theauthors note, even forcing the concept of gun-free zone liability intothe general discourse would have an excellent effect — public property owners would start thinking in terms of civil liability as well as criminal liability.

If I am ever involved in a mass shooting in a place where I am forbidden to have my legal gun, you can bet I will be filing a spectacular lawsuit against the property owner, all the associated businesses on the property, every single corporate entity involved, plus their spouses, pets, kitchen appliances and anything else I can think of.

I think it is appalling that the MSM continue to parade their antigun bias...read David Hardy's Arms & the Lawreporting. The newspapers and electronic media should be trumpeting that an armed civilian stopped a madman's slaughter...but that would go against their deeply held religious belief that we are all incapable of protecting ourselves and need Big Brother 24/7.

UPDATE...from the Denver Post this AM, two other male church members with CCWs drew theirguns but apparently froze:
Near an entryway in the church, Bourbonnais came upon the gunman and an armed male church security guard who was there with his gun drawn but not firing, he said. [Larry Bourbonnais is a Vietnam vet who, like Jeanne Assam, ran toward the sound of gunfire]

Bourbonnais said he pleaded with the armed guard to give him his weapon.

"Give me your handgun. I've been in combat, and I'm going to take this guy out," Bourbonnais recalled telling the guard. "He kept yelling, 'Get behind me! Get behind me!' He wouldn't hand me his weapon, but he wouldn't do anything."

There was an additional armed security guard there, another man, who also didn't fire, Bourbonnais said.
Compare this to Assam, who walked toward the shooter, firing as she walked and shouting repeatedly, "Surrender! Surrender!"

As I have said repeatedly, it is truly impossible to look in the rearview mirror at a chaos event. It's easy to say what we might have done, because we weren't there. I do think it is worth a broadbrush after-action report:
1) Jeanne Assam went to cover at the sound of the first shot (as she said in her CNN-reported press conference).
2) She quickly realized she was in an "active shooter" situation, which totally changed her mindset and her tactics. Instead of "go to cover and defend" — the most basic self-defense tactic — she shifted to "engage and attack" — the only response to an active shooter surrounded by targets.
3) She broke cover and engaged the active shooter.
4) She also verbally engaged the shooter, which served two purposes — it gave the shooter the chance to live, and it distracted him from his deadly rampage. We should also note that the unarmed Larry Bourbonnaise also verbally engaged the shooter, which got Bourbonnaise wounded but bought time for Assam.
5) Assam shot on the move.
6) She apparently kept firing until the threat was neutralized. I have seen it reported that she fired 10-12 shots in the encounter.
I can't speculate on the two armed men who didn't engage...we simply don't have enough information. I will say that violent encounters in reality are never what a person imagines them to be beforehand. That is what we train. And train and train. Assam is a former LEO,so I am making the assumption that she had at least academy training.
 
If I am ever involved in a mass shooting in a place where I am forbidden to have my legal gun, you can bet I will be filing a spectacular lawsuit against the property owner, all the associated businesses on the property, every single corporate entity involved, plus their spouses, pets, kitchen appliances and anything else I can think of.

I wholeheartedly agree with you. When the policy of a place of business, local, state, or federal government causes you to not have the means to protect yourself, and provide no additional security, they should be held accountable for the harm that occurs to you.
It is a proven fact that towns, cities, and states that allow lawful carry enjoy lower crime rates than gun free areas. By disarming the public, you create havens for criminals that don't have to fear being shot in the commission of a crime.
 
Makes me feel a little better about wanting to go to college in Arizona.

Did they pass that law or is it still in the works?
If it's not law yet, I hope they pass it.
 
it would make more sense to sue the place of the occurence for not adequetly protecting you than to sue gun manufacturers and family of nutjob in a civil suit.
 
I wouldn't hold my breath for this law to pass.

At least, not until we get rid of our Governess.

Nappy will never let this one through. This will be a test, and a campaign issue for the Governor's race in 2008 between Phil Gordon and (probably) JD Hayworth.
 
A bit ambiguous

Seems a bit ambiguous when you put it all into perspective. It might come across as putting anyone who is not providing security for someone as being liable. As an example: a liquor store does not have armed security; are the liable if an armed robbery occurs and you get shot? Would a property owner be liable if you got hit in a drive by? To much room for the lawyers to screw everyone who own property. This law might be seen as placing anyone and everyone into required security. It probably needs a bit of tweaking so the lawyers would turn this into a money machine paid for by anyone who does not have security in place all the time. Good concept but a bad approach to describing it.
 
Seems a bit ambiguous when you put it all into perspective. It might come across as putting anyone who is not providing security for someone as being liable.
<snip>
This law might be seen as placing anyone and everyone into required security.

Here's a specific example...
Suppose your company has a no-firearms-at-work policy (like most seem to do), yet the office building where you work allows visitors to come and go freely. That is, they can walk past a receptionist and gain access to the workplace and/or other doors are not secured.

If some coworker's ex-spouse breezes past the receptionist or gains access through an unsecured "back door" and shoots up the place, the employer can be held liable for the injuries suffered. Why? Because it is a foreseeable event and the employer failed to take reasonable safety measures -- i.e. locked doors to the work area, screening of visitors, etc.

On the other hand, if the employer notified its employees that they were responsible for their own security and safety and allowed them to possess necessary tools to do so, they could leave the doors unlocked.

Back in the 60's, my father worked for a Lockheed division and his office was near the employee entrance. An armed security guard checked badges. Yet a "disgruntled employee" came in with a knive and a hatchet and caused a scene. Dad's boss, who's office was even closer, kept a snubby .38 in his top desk drawer. He stepped out of the office and subdued the guy without firing a shot. What did Lockheed do? They gave him a bonus! For courageously engaging the nutjob and preventing any injuries. No doubt in today's world, the company's lawyers would insist on firing the guy. :rolleyes:
 
Even though it's a step in the right direction, it still doesn't do the victims much good, they're still dead, because of the "gun free zone."
 
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