imported post
I think the issue of personal responsibility and civil liability is an interesting one when it comes to gun rights on private property.
We have all heard the stories about burglars who have been injured while robbing someone's home, and then successfully sued the homeowner. That's obviously ridiculous.
But what if a customer of a private store is injured on the premises due to specific negligence of the owner? Say there was something obviously wrong in the construction, such as a loose lighting fixture falling on the customer's head. Generally speaking, in most jurisdictions the owner would be civilly liable for the injury due to negligence. He may not have been breaking a specific law as such, but he was responsible for the injury.
Here is an idea I am mulling over: a similar case can be made for someone who is injured due to violence in a private business that prohibits its customers from carrying firearms. If another patron was armed and reasonably may have been able to stop a criminal act of violence, then the owner should be held liable to the extent that their "no firearms" policy contributed to making the criminal act possible in the first place.
On the other hand, strict personal responsibility would hold that each person can choose which business to visit in the first place, so they are the only ones liable for their safety. I can see the merit in both points of view.
However, in today's world where soulless international corporations, banks, mega-casinos have all the "rights" of private individuals, there is also a problem. Since corporations exist merely by the sanction of the state, I think that maybe they should NOT have the same "rights" to control the private behavior of their citizens. In just about all jurisdictions, it is already illegal for private businesses to discriminate on the basis of race, sex, etc. That's certainly a good thing in most cases, especially for major corporate businesses -- to force them to be ethical.
(Aside: on this subject, I highly recommend that everyone watch the excellent documentary
The Corporation.)
Shouldn't it also be the case that they are not allowed to enact senseless "no gun" policies? Perhaps small privately-owned businesses should have all of their rights to do as they please, but larger state-sanctioned corporate "persons" definitely should be subject to policies that protect the people as a whole.
Just some thoughts I typed out as they crossed my mind. Any comments are welcome.