bearingarms.com By Cam Edwards
A Georgia lawmaker says private property owners should be able to prohibit firearms from their premises if they want, but believes that if they do so they should be held responsible for any harm that might befall a lawful gun owner who was disarmed by the policy.
Under HB 1364, introduced by Rep. Martin Momtahan, property owners who forbid lawful concealed carry would assume responsibility for the safety of their customers, which means they would be liable for any injuries suffered if they are unable to protect themselves on the premises.
“All we want to make sure is, if youâre 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 wants to carry a legal firearm but isn’t allowed, Momtahan said.
That means the store becomes legally liable for the safety of the gun owner whose gun has been banished from the property.
His bill HB 1364 says, âAny 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.â
Timothy Lytton of Georgia State University said establishments that banish firearms could face lawsuits from gun owners whose guns get banished.
“Let’s say Iâm a bar owner,” Lytton said in an interview. Â “Under the new law, if I prohibit them from bringing their firearms in and theyâre attacked by another patron in the bar, then Iâm absolutely liable for their injuries that result from that attack because I didnât allow them to bring their weapon.”
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