Torts; liability of owners and occupiers of land; weapons; provisions
Impact
The legislation envisions that property owners will be held liable for any harm or losses incurred by lawful weapons carriers who are denied the right to carry their concealed weapons. Should an incident occur resulting in bodily injury, death, or economic loss due to the actions of others on the property, the injured party may sue the property owner. This bill also specifies that the lawful weapons carrier must demonstrate certain conditions in a legal action to prevail, including that they were indeed prohibited from carrying their weapon without state or federal law necessitating such a prohibition.
Summary
House Bill 1364 aims to redefine the liability of property owners or occupiers in relation to the prohibition of concealed weapons on their premises. Under this bill, any person or entity that owns or legally controls property and prohibits lawful firearms carriers from carrying weapons on that property assumes complete custodial responsibility for the safety of those individuals. This includes protecting them from potential threats occurring on or around the premises where the prohibition is enforced, therefore placing significant legal obligation on property owners concerning the welfare of lawful weapon carriers.
Contention
Notable points of contention surrounding HB 1364 may arise from the varying perspectives on the responsibilities of property owners versus the rights of lawful weapon carriers. Critics of the bill argue that it places an undue burden on businesses and property owners by holding them liable for circumstances beyond their control, possibly leading to increased litigation and insurance costs. Proponents claim it offers necessary protections for lawful weapon holders and ensures property owners take responsibility for their decisions regarding weapon restrictions on their premises.
Relating to the authority of a political subdivision to issue certain public securities to purchase or lease tangible personal property or purchase, improve, or construct an improvement to real property.
Relating to a required provision in certain governmental entity contracts regarding the carrying of handguns by license holders; providing civil penalties.