gun hostile businesses
Sort of relevant, but a bit of a tangent; this is something I posted on the Virginia lawyers' list server recently - thought you might be interested.
=====
I was just reading over a list of gun-hostile businesses at the Virginia
Citizens' Defense League, Inc. website,
http://www.vcdl.org/static/gue.html
and it occurred to me to wonder whether anyone's suing any such businesses
regarding injuries suffered at the hands of third-party assailants.
I realize that some folks won't like my thinking in this area, but if I were
litigating such a case, I'd say that a policy that unnecessarily restricted
the ability of persons otherwise lawfully in possession of firearms from
acting in self-defense and/or defense of others in such an emergency is
legal malice, and evidence that the business negligently interfered with the
ability of persons present to prevent or ameliorate the injuries suffered.
I'm thinking it might be a basis for an award of punitive damages,
especially in light of a failure of the business to implement any method of
making up for the lack. I'd argue, further, that such a policy requires
implementation of policies and procedures to actually keep consumers safe
while engaged in transactions in the business' premises. Such a business
makes itself totally responsible as an absolute insurer of consumers' safety
(not just in terms of a duty towards business invitees), if it takes steps
to preclude the ability of otherwise law-abiding consumers to protect
themselves and others.
By the way, law enforcement personnel are not exempt from the trespassing
statute unless they act pursuant to an emergency, crime in progress, or a
warrant. So law-enforcement officers aren't allowed to carry guns in
Manassas Mall, while shopping, any more than you are, and violation of the
posted "no trespassing" policy is just as much a class-1 misdemeanor for
them as for us.
I'm thinking of the scene in "Bronco Billy" in which Clint Eastwood
interrupts a bank robbery. I'm not shopping in any business in which Bronco
Billy wouldn't be allowed to carry his gun (assuming a lawfully issued
concealed carry permit).