Though many red states have passed laws making it ever easier to carry a firearm for self-defense purposes, in many cases without even needing a permit, one holdup to the expansion of concealed carry has been businesses declaring that they are “gun-free” zones. In those properties, even those legally allowed to carry weapons cannot do so, as the proprietor has forbidden it. Many who wish to carry argue that such rules put them at risk, as they could be disarmed if attacked in such a location.
A new Georgia bill aims to rectify that situation, at least from a risk perspective, by making proprietors liable if a concealed carry holder is not allowed to carry on their “gun free property” and is then injured while on that property.
The bill that would do so is HB 1364, introduced in the Georgia legislature the week of Monday, March 4. It would, 11 Alive reports, “make property owners legally liable if a gun owner gets hurt on property where they aren’t allowed to carry a gun.”
The description of the bill provided by the Georgia General Assembly describes it as, “A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding liability of owners and occupiers of land, so as to provide that a person, business, or other entity that owns or legally controls a property and prohibits a lawful weapons carrier from possessing a concealed weapon on such property shall assume absolute custodial responsibility for the safety of such lawful weapons carrier from certain threats; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.”
The bill itself provides, “A person, business, or other entity that owns or legally controls a property and has the authority to prohibit weapons on such property, including, but not limited to, such authority provided by Code Section 16-11-127, assumes absolute custodial responsibility for the safety and defense of a lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property and any other property such lawful weapons carrier is required to traverse in order to store or retrieve such weapon.”
The bill continues, describing the persons to whom the new law would apply, “The absolute custodial responsibility imposed upon the person, business, or other entity provided for in paragraph (1) of this subsection extends to the conduct of other invitees, trespassers, and employees of such person, business, or other entity.”
Then, noting what notice sparks the law, it provides, “Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.”
And, describing how those who wish to carry weapons but cannot can be injured in a way that sparks liability for the proprietor, the bill provides, “Any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, and who is injured, suffers bodily injury or death, or incurs economic loss or expense, property damage, or any other compensable loss as the result of conduct of another person occurring on property where the lawful possession of weapons is prohibited, shall have a cause of action against the person, business, or other entity that owns or legally controls such property and causes such prohibition to occur.”
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