Author Topic: obligated ?  (Read 671 times)

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Offline SHOOTALL

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obligated ?
« on: March 08, 2010, 03:28:24 AM »
If a business located in a right to carry state places a sign on the door that says no weapons allowed he has elected to keep you from self protection . If his store is the only place to get what you need is he obligated to protect you ? If he fails what if any recourse would you have ? As an example in many places here the county allows one drug store to sell dog lic.  No where else to get them .
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Offline Skunk

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Re: obligated ?
« Reply #1 on: March 08, 2010, 03:46:00 AM »
I'm thinking the "obligation" or better yet, the "liability" might come down to foreseeability. Foreseeability is a legal element of liability. For example, if a business knows through experience that a certain crime is likely to occur at the facility, and management does nothing to warn or inform customers that the customers might be endangered while patronizing the facility, and alas, the customer does in fact get injured, the facility is likely to be held liable for neglecting to inform or protect the customer against this foreseeable crime. However, if the facility could not reasonably have foreseen that someone might be hurt by the facility's action, then there may be no liability, or at least it might be extremely difficult to prove the liability in court.
Mike

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Offline dukkillr

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Re: obligated ?
« Reply #2 on: March 08, 2010, 04:07:35 AM »
Liability varies wildly among states.  Different standards, different burdens, different ways to apportion blame. 

To me it would make more sense to make the argument if the place is dangerous.  A liquor store in da hood after midnight, for instance.  I think the risk of having an incident at a small town feed store would be pretty low. 

As to your first question, I don't think they have any special obligation to protect you.  Maybe they should, but I dont think they do.

Offline SHOOTALL

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Re: obligated ?
« Reply #3 on: March 08, 2010, 04:09:01 AM »
good point
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Offline Old Fart

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Re: obligated ?
« Reply #4 on: March 08, 2010, 05:08:23 AM »
Is carry relatively new in your area?
I know when they first started here the gun buster signs popped up all over the place.
As people came up and saw the sign and turned around and left the signs started coming down.
Now days hardly anybody has signs up.
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Offline SHOOTALL

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Re: obligated ?
« Reply #5 on: March 08, 2010, 05:11:56 AM »
Naw its been here for some time . yep also to the signs up then down . I was just wondering how people looked at it .
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Offline powderman

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Re: obligated ?
« Reply #6 on: March 08, 2010, 05:12:28 AM »
Thats why it's called CONCEALED carry. Hardly ever see one of those signs anymore. Years ago I actually saw a sign prohibiting carrying at a gun store. POWDERMAN.  ;D ;D
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Offline billy_56081

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Re: obligated ?
« Reply #7 on: March 08, 2010, 04:16:16 PM »
When the shall issue CC was implemented in MN several years ago, many places put up these signs. In actuality by the law these signs carried no weight of law concerning C unless you are also verbally told you cannot C in some place. All these signs did were to cause a loss of buisiness to these places. At a local Cstore a sign was imediatley removed by the manager afer I complained and told him that I would not buy fuel there anymore. I buy between 10 and 20 thousand dollars worth of fuel there every year. The allmighty dollar holds alot of weight.
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Offline Squib

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Re: obligated ?
« Reply #8 on: March 08, 2010, 05:21:20 PM »
powderman are you serious?  the funny thing is that from what I've seen of the laws I've checked out, in a lot of places you can do what you want but IF CAUGHT going where it's posted as unpermissible then you can be forced to vacate or face trespassing charges and suspension of your license.  you can't get nailed for using it in self-defense even if you DON'T have a permit in most cases anyways, so the middle-ground gray area is you only get into trouble if you get made and then refuse to leave.  it's kind of a joke.

and we all know how murderers and robbers worry about those flat, laminated sheets of posterboard and the glossy warnings typed on them OOOOH!  ::)

Offline williamlayton

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Re: obligated ?
« Reply #9 on: March 08, 2010, 06:56:33 PM »
Don't ask, don't tell---BG won't.
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Offline skarke

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Re: obligated ?
« Reply #10 on: March 09, 2010, 12:56:23 AM »
Skunk,

You nailed it.  Good job.
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Offline SHOOTALL

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Re: obligated ?
« Reply #11 on: March 09, 2010, 02:06:39 AM »
We still have gun stores that say no loaded guns . Others say loaded guns must stay holstered ( a good rule in most cases )
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Offline slim rem 7

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Re: obligated ?
« Reply #12 on: March 09, 2010, 02:17:09 AM »
what gun.. i got no gun until i need it .. :)slim

Offline SHOOTALL

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Re: obligated ?
« Reply #13 on: March 09, 2010, 02:23:47 AM »
In Va. the law is changing , if you don't consume alcohol you will be able to carry in a bar or other places they sell booze. Thank goodness , I can't count the times i have gone in to eat forgetting to leave the gun in the truck. The problem is here you lost your right to carry if caught.
If ya can see it ya can hit it !

Offline Skunk

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Re: obligated ?
« Reply #14 on: March 09, 2010, 05:17:53 AM »
Skunk,

You nailed it.  Good job.

In my best Elvis impersonation: Well, Thank you Skarke...Thank you very much...;D
Mike

"Praise the Lord and Pass the Ammunition" - Frank Loesser

Offline Heavy C

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Re: obligated ?
« Reply #15 on: March 09, 2010, 06:22:23 AM »
In Texas, the business has to post the '30-06' sign which cites the code that prevents you from carrying in there.  Beyond that, businesses that post a no guns sign have no legal right to keep you from carrying concealed.  The other exceptions are your place of employment if it is a condition of your employment, and businesses that derive more than 50% of their profits from the sale of alcohol.