Texas businesses that ban guns should be liable if unarmed patrons are hurt, lawmaker says
AUSTIN, Texas _ Texas businesses that ask customers to disarm themselves will have to pay for injuries incurred in these gun-free zones if Texas state Sen. Bob Hall has his way.
Hall, a Republican, wants to propose a law that will make gun-free businesses liable for "any harm that befalls patrons as a result of being deprived of his or her weapon." The law, Hall says, would "encourage Texas businesses to do the right thing and allow their patrons to carry the firearms they have lawfully trained with for self-protection."
"Currently, while these gun-free zone businesses possess the right to prevent legally licensed to carry permit holders from carrying a firearm while on their premise, there is no designation of responsibility to provide for the safety of their patrons during an active shooter situation," Hall said in a Monday email. "That is about to change this coming legislative session."
Hall's proposed legislation is modeled on a bill considered earlier this year by the Tennessee Legislature. That bill originally proposed the same civil liability on businesses that ban guns. But later, before it was signed into law, the bill was completely gutted.
Now, the law protects businesses that allow guns from being sued for doing so, unless the business owner acts with "gross negligence or willful or wanton misconduct." It is unclear why the bill was so drastically changed.
Under Texas law, those with a state-approved license can carry handguns openly or in a concealed fashion. Open carry of long arms like shotguns or AR-15s also is legal and does not require a license.
The law also currently allows private business owners to ban guns in their establishments by posting signage that designates the area as gun free. Hall's proposal would threaten this right, by allowing gun license holders who are injured in gun-free business to sue their owners.
_The Dallas Morning News
