Should Businesses Be Liable for Disarming You?

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By Chris Wagoner:

In Florida as well as several other states, there is legislation in the making that would make a business (not a private person) that does not allow patrons to carry legal firearms into their establishment liable for any injuries or harm that comes to the patrons because of any unlawful or reckless act by another person, or any attack by a vicious or wild animal, on the owner’s property or on any property that the licensee is required to traverse in order to travel to and from the location where the licensee’s weapon or firearm is stored.” These kinds of bills bring up a series of hot topics.

Do the rights of the individual outweigh or supersede the rights of a business?  Should a business be able to take away your right to self-defense and your right to carry a firearm? And why would a business not want you to be able to exercise your constitutional right? Should they assume full responsibility for your safety if they do require that you disarm before entering? The answer—in my opinion, that of State Senator Greg Steube of Florida, and several other states’ legislators—is a resounding yes.

I have been saying this for years now and am glad I am not the only one: why should I have to give up a constitutionally guaranteed right, and the undeniable right to self-defense, just because some business says so? It’s bad enough that in some parts of this country you have to give up that right when you cross a state line (an invisible, arbitrary line), or as in Florida and four other states, when I cross the property line of a college campus (where I work full-time). I am sure that our founding fathers would be very surprised to see how much we have let the government take away our basic rights.

What reason can a business logically give for requiring law-abiding concealed or open carry firearms owners from carrying a firearm into the business? Where is the empirical proof that it is unsafe, or that it causes injuries and death? There is none. It is simply based on fear of something that many do not understand and are unwilling to learn about.

A welcome comparison is President Trump’s immigration order—if you have not read it or understand it, why do insist on making comments or protest something they have never read?  Businesses should not be allowed to tell me I can or cannot lawfully carry onto their premises. I am a law-abiding citizen, I have been background-checked, fingerprinted, and photographed, do not abuse drugs or alcohol (part of Florida’s application), and am a believer in following the law. What can they say about their other customers? Do they have the same checks and assurances on them? No, they do not.

If I do go into a business and they make me disarm, they should have to provide adequate security and safety to ensure that I, or my family, will not be harmed. In today’s world, that is a tall order—one that businesses cannot truthfully say they can do. In order to provide that type of security, they would need to have well-armed and trained security or police on the premises. While I have confidence in myself and my ability to handle a firearm and protect myself and my family, I do not have that same faith in those I do not know.

These “gun-free zones,” as they call them, DO NOT STOP any crime from happening. When will we all come to realize that? Criminals, by their very nature, do not listen to those stupid signs or to laws in general and will attack targets of least resistance. It’s simple: in all my years as a cop, I have never had to pry a gun out of a lawfully carrying person’s hand, but I have had to grab one out of the hand of more than one criminal.

For me, and many in these states that are considering these types of measures, we say to our representatives that the time has come to hold businesses responsible for denying us our right. If they still want to do so, they should be aware that they may have to pay up should a person, say, walk into a movie theater in a “gun-free zone” and open fire, killing or injuring defenseless people.

Oh. That already happened. Sorry.

You already hold them responsible if I slip and fall, so why not if I am shot or killed? You cannot allow businesses to trump my constitutionally guaranteed rights. Constitutional rights are for people, not businesses. Business have policies and procedures.

Read more about  Sen. Steube’s bill at www.flsenate.gov.

Chris Wagoner is a Senior OpsLens Contributor and U.S. Army Veteran. He has been in law enforcement the last 35+ years. He specializes in LE Firearms Instruction, and is in charge of a large Police Academy in North Florida. In his spare time Chris is a freelance Military Reporter and owner/founder of the Largest Military Videos Channel on YouTube “3rdID8487”.

To contact or book OpsLens contributors on your program or utilize our staff for your story, contact [email protected]

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