imported post
Neplusultra wrote:
Oooo (how do you spell that anyway?). Half full or half empty I see :^). I believe, one of our goals in OCing is to desensitize the public to seeing guns, that we will succed in this and will eventually be welcomed most everywhere. Especially since we will be accepted and businesses want to maximize their customer base. I think most businesses don't want guns currently because they are afraid we will chase other customers away. Once they realize this isn't the case and realize the *benefits* of having armed patrons they will accept it almost universally.
I've worked at 8 different malls in different states and I don't think that we will ever see many malls officially allow legally carried weapons by non-LEOs unless one of a few things happens:
1.) A law is passed that prevents malls from being held liable if a legally armed patron uses his/her weapon and a wrongful death/injury results.
2.) A court rules (and the ruling is upheld all the way) that the mall (not the stores in the mall, just the common mall areas) is serving the function of a public area (like a town square) and has the same legal status as a city/state park, public building like a DMV, etc. This would essentially provide the mall with the same legal shield.
3.) A court rules (and the ruling is upheld all the way) that private property owners do not have the right to regulate the activities of the patrons with respect to Constitutionally protected rights. Again, this unlikely event would shield the mall from liability.
4.) A law is passed and upheld that actually holds a mall liable for prohibiting legally carried firearms (creating a "victim-disarmament zone").
Most mall management companies couldn't care less if you own/carry a gun. The purpose of a mall is to make money for the owners and managers. Thier only motivation is profit. They don't allow weapons for the same reason they don't let kids skateboard/rollerblade in the parking lot: A million dollar lawsuit cuts into the profit margin. To the mall, it is not about the 2nd Amendment, it is about the bottom line. By putting up a bunch of $20 signs with a list of prohibited behaviors, they cover a lot of legal bases in terms of liability.
It sucks, but it is a reflection of our highly litigious times. In many cases forum members, or our parents or grandparents remember times when no blinked if someone carried a firearm into a store, a restaurant, or church. That was because it was a lot more rare for someone to sue for things like wrongful death or accusing a business of creating a dangerous environment when they allow firearms.
If you carry in a mall and are not asked to leave or put it in the car, it is most likely because no one noticed, no one cared (how it should be, IMO), or the mall has the policy but unofficially doesn't bother to enforce it. I used to work in Park Place Mall in Tucson, AZ, and would see folks open carry on occasion and security (often off-duty TPD)would give them a quick eyeball, then ignore it, despite a posted "no weapons" policy. The only time I ever saw someone asked to leave was when a gentlemen OC'd in our store and the manager called security.
In short (too late
), I think it is very unlikely that we will see many malls openly allow weapons until there is a point where they can't be held liable for the actions of thier patrons.
--RedKnightt--
Zombie Squad has it right: “We hold fast to the belief that if you are prepared for a scenario where the walking corpses of your family and neighbors are trying to eat you alive, you will be prepared for almost anything.”
