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To: jdm
Granting, for the sake of argument, the Lottian view that gun-free status makes a place of business more dangerous for its patrons, this lawsuit theory seems a surprising position for conservatives to take, since they presumably are defenders of private property rights.

Doesn’t a property owner have a right to ban guns from his property, even if it is unwise to do so? And aren’t those who believe such a ban puts them at risk free not to enter his property? Aren’t customers assuming any risk, and waiving any right to recompense, when they knowingly and voluntarily enter a gun-free zone?

The property owner has the right to ban guns, just like he should have the right to chain a fire exit closed. The customer has the right to sue when, in either case, the owner’s reckless disregard for the safety of the customers causes harm.

Likewise, a property owner has the right to keep lose rattlesnakes in his store. Here again, his reckless disregard for the safety of his customers creates a tort when one of the snakes bites someone.

Banning guns from a venue open to the public is as reckless as chaining the fire exits closed or allowing rattlesnakes to roam lose. Some trial attorney is going to become very wealthy when he starts taking these cases.

12 posted on 12/10/2007 8:24:26 AM PST by SUSSA
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To: SUSSA

Banning guns from a venue open to the public is as reckless as chaining the fire exits closed or allowing rattlesnakes to roam lose.


I don’t think you’d get even 10% of gun rights advocates to agree with that. I sure don’t.

Every real instance of chained fire doors is one that patrons are not aware of (and thus do not consent to.)

Now, if you have a ban, enforced by magnetometers, and the owner allows his pals who are violent criminals to bypass the security and carry guns, and this leads to harm, THEN you have a case of negligence.


45 posted on 12/10/2007 9:47:44 AM PST by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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