motorhead0922
New member
A bill has been pre-filed in Missouri's House for consideration next year that would require some property owners to take responsibility for the safety of those they require to be unarmed in order to enter their premises.
That's an interesting phrase, "custodial responsibility". I have not heard that before.
Basically, I think that if someone takes your means of self-defense away, they should be accountable for that decision. This bill would do that.
Newspaper article:
http://www.news-leader.com/story/ne...usinesses-if-injured-gun-free-zones/94805174/
Link to text of the bill:
http://house.mo.gov/billtracking/bills171/hlrbillspdf/0523h.03i.pdf
In case the PDF goes away, here is what it says:
I encourage all you Missourians to support this legislation.
Springfield News-leader said:The proposal, known as House Bill 96, which would apply when a person who is authorized to carry a firearm, is prohibited from doing so by a business and is then injured by another person or an animal.
If the injured person could otherwise have used a gun for self-defense, they could sue the business, which "assume(s) custodial responsibility for the safety and defense of any person" on their property who could carry.
That's an interesting phrase, "custodial responsibility". I have not heard that before.
Basically, I think that if someone takes your means of self-defense away, they should be accountable for that decision. This bill would do that.
Newspaper article:
http://www.news-leader.com/story/ne...usinesses-if-injured-gun-free-zones/94805174/
Link to text of the bill:
http://house.mo.gov/billtracking/bills171/hlrbillspdf/0523h.03i.pdf
In case the PDF goes away, here is what it says:
HB96 said:Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.069, to read as follows:
571.069. 1. Any business enterprise electing to prohibit the possession of firearms or other arms by the placement of signs as authorize d under section 571.107, or other provisions of chapter 571, shall assume custodial responsibility for the safety and defense of any person who is authorized to carry firearms or other arms under chapter 571 while such person is on the premises of the business enterprise. The provisions of this section shall not apply to private property not used for commercial purposes or private residences of any type. For purposes of this section, "business enterprise" means any business that sells or provides goods or services to the general public.
2. Notwithstanding any other provision of law, the requirement to ensure safety and defense under subsection 1 of this section shall include a mandatory and explicit duty to defend persons authorized to carry firearms or other arms under chapter 571 against the intentional or reckless conduct of third parties including, but not limited to, persons who are trespasse rs, employees, customers, or other invitees of the business enterprise. The requirement to ensure safety and defense shall also include a duty to defend persons authorized to carry firearms or other arms against vicious animals and wild animals. The duty to defend such persons under this subsection shall apply only to the defense against conduct that could reasonably have been prevented by the use of arms in lawful self-defense. If a business enterprise restricts the possession of firearms or other arms under chapter 571, then such business shall post, together with the notice and sign required under section 571.107, notice stating that persons authorized to carry firearms or other arms under chapter 571 are under the custodial responsibility of the business entity.
3. A person authorized to carry firearms or other arms under chapter 571 who is injured, suffers bodily injury or death, incurs economic loss or expense, or suffers property damage as a result of conduct breaching the duty to defend such person shall have a cause of action against a business entity prohibiting the possession of firearms or other arms under chapter 571.
4. The standard of proof for tort actions under this section shall require that a
plaintiff show by preponderance of the evidence that:
(a) He or she was authorized to carry firearms or other arms under chapter 571;
(b) He or she was lawfully prohibited from carrying firearms or other arms by reason of a sign voluntarily posted by a business enterprise under section 571.107;
(c) He or she was prohibited from carrying firearms by a business enterprise that is not required to prohibit firearms or othe r arms under state or federal law or by a rule or policy enacted by a political subdivision or the state contracting with such business entity; and
(d) The business enterprise's prohibition on carrying firearms or other arms was the proximate cause of the damages, loss, or injury suffered by the plaintiff.
5. If a plaintiff is successful in a lawsuit under this section, then he or she shall be entitled to reasonable attorneys' fees, expert witness costs, and court costs.
6. The statute of limitations for an action under this section shall be two years from the date of the occurrence giving rise to the damages, loss, or injury.
I encourage all you Missourians to support this legislation.
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