Bill targets no-gun businesses for liability

A semi-automatic handgun, left, is displayed next to a Powerline 340 BB gun, right, similar to a BB gun authorities said a teenager carried when he was shot and wounded by a Baltimore police officer, displayed during a news conference in Baltimore.
A semi-automatic handgun, left, is displayed next to a Powerline 340 BB gun, right, similar to a BB gun authorities said a teenager carried when he was shot and wounded by a Baltimore police officer, displayed during a news conference in Baltimore.

Legislators on Monday debated a St. Charles lawmaker's bill that would make a business owner who posts signs prohibiting firearms on the premises liable should a customer be harmed.

State Rep. Rick Shroer's House Bill 96 would make businesses that posts signs prohibiting concealed firearms subject to lawsuits for injuries or damages sustained by individuals who would otherwise be authorized to carry firearms while on the premises of that business.

Shroer said businesses with signs on their doors prohibiting firearms statistically foster an environment that would allow dangerous conditions.

Brian Bunten, general counsel for the Missouri Chamber of Commerce and Industry, testified in opposition of the bill, emphasizing businesses are already following the law by posting signs.

"This bill intertwines a few things - property rights and gun rights," Bunten said. "When we talk about the duty of care owed to an invitee, I think the word that we missed was forseeability. I don't know if we're in a point in society where violence in the workplace or violence in a business is deemed foreseeable."

To hold a business liable under current law, he said, there has to be a history of violent incidents - but this legislation only requires one incident.

State Rep. Peter Merideth, D-St.Louis, also argued against Shroer's bill, noting there have not been any lawsuits filed against business owners who prohibit guns in the case of an unexpected crime in Missouri or across the nation to his knowledge.

"People don't have to patronize a business if they don't like their policies about guns," Merideth said. 

"I personally believe that it's worth allowing the freedom of the business owner in this case to say whether or not they believe, based on the advice of their own security and law enforcement or religious beliefs, that they don't believe guns are welcomed on their premises."

Shroer said he doesn't expect the bill to pass this year but that the subject warrants discussion because he would like to prevent the likelihood of a mass shooting taking place in Missouri.

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