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Thread: City of Madison thinking of posting signs

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    Founder's Club Member protias's Avatar
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    City of Madison thinking of posting signs

    http://www.conservativecommune.com/2...ilitate-crime/

    According to the article, the mayor of Madison, Paul Soglin, wants to post signs on all of the government buildings, which got me thinking, is this possible since the decision of McDonald vs Chicago?
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    Wouldn't that mean that Mad town would be giving up immunity when posting all gov building? Not sure if they could post since I thought I read that citys couldn't do that. Not sure if I'm correct in this assumption.

    JJC

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by protias View Post
    http://www.conservativecommune.com/2...ilitate-crime/

    According to the article, the mayor of Madison, Paul Soglin, wants to post signs on all of the government buildings, which got me thinking, is this possible since the decision of McDonald vs Chicago?
    Until futher court cases; probably. AFAIK, Heller and McDonald were about keeping handguns in the home and the resulting decisions were fairly narrow around that. More cases will need to come up to flesh out the "reasonable restrictions".
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by JJC View Post
    Wouldn't that mean that Mad town would be giving up immunity when posting all gov building? Not sure if they could post since I thought I read that citys couldn't do that. Not sure if I'm correct in this assumption.
    The only immunity a business owner is priviledged to is from liability should they choose to not post. There is nothing to give up by posting. They are in no way more liable for anything by posting.

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    Campaign Veteran XD40-OD's Avatar
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    I've been boycotting Madison since I realized it's the California of Wisconsin, years ago
    Poor Obama. All this time, he thought he had been placed in charge of the GovernMINT.

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    Private businesses may well give up some immunity by posting

    Quote Originally Posted by Interceptor_Knight View Post
    The only immunity a business owner is priviledged to is from liability should they choose to not post. There is nothing to give up by posting. They are in no way more liable for anything by posting.
    Busnesses are specifically give immunity if they allow customers or employees to be armed on their property. Nothing is said that grants businesses immunity if they post their property.

    A clear argument can be made that if a business posts their property, and someone is injured or killed as a result, they do not have immunity.

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    State Researcher lockman's Avatar
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    Quote Originally Posted by Brass Magnet View Post
    Until further court cases; probably. AFAIK, Heller and McDonald were about keeping handguns in the home and the resulting decisions were fairly narrow around that. More cases will need to come up to flesh out the "reasonable restrictions".
    In the home the decision is undeniable, but for outside the home the lower courts must look to the reasoning and cites in the dicta to determine how to apply McDonald vs Chicago to outside the home. Since the finding in McDonald did not foreclose otherwise. If the lower courts are true to the Majority opinion published by SCOTUS in Heller and McDonald there is no room for prohibition or restrictive regulation outside of "sensitive locations". Sensitive locations is where the debate on right to carry will shift.

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    Regular Member Deadscott's Avatar
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    Quote Originally Posted by ccwinstructor View Post
    Busnesses are specifically give immunity if they allow customers or employees to be armed on their property. Nothing is said that grants businesses immunity if they post their property.

    A clear argument can be made that if a business posts their property, and someone is injured or killed as a result, they do not have immunity.

    Immunity shields a business only from the actions of people legally carrying on their property. If you post, immunity is irrelevant as there will be no one LEGALLY carrying on your posted property.
    Last edited by Deadscott; 07-05-2011 at 08:07 PM.
    Discussing Concealed Carry in Wisconsin at www.armedbadger.com

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by Deadscott View Post
    Immunity shields a business only from the actions of people legally carrying on their property. If you post, immunity is irrelevant as there will be no one LEGALLY carrying on your posted property.
    The bills language is that a business who decides to allow carry: "is immune from any liability arising from its decision."

    A business who decides to prohibit carry is NOT immune from any liability resulting from it's decision. Therefore, immunity is relevant. If a person who could carry normally but isn't allowed to carry based on your decision is hurt or killed by someone on your property you may be sued. You could be sued for this before, but now you've made a conscious decison that is relevant to the situtation.

    Not saying I like this, but the immunity granted by this legislation is NOT irrelevant to a business that decides to prohibit firearms.
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    Regular Member GlockRDH's Avatar
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    'cause we ALL KNOW that putting up a 'Guns are bad...Keep out' sign keeps all guns out...

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by GlockRDH View Post
    'cause we ALL KNOW that putting up a 'Guns are bad...Keep out' sign keeps all guns out...
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by protias
    ...the mayor of Madison, Paul Soglin, wants to post signs on all of the government buildings, which got me thinking, is this possible since the decision of McDonald vs Chicago?
    SB93 says that gov't buildings may post, just like any other building.
    And as someone else pointed out, that court case was pretty narrow, about guns in homes.
    Chicago won't even allow someone on her porch or in her yard with a gun!
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