A response from the author ...
Alan Korwin writes:
Very interesting dialog you have going on the Gun-Free-Zone Liability Act of 2002. Let me make a few points and a correction or two.
1. It's critically important that pro-rights individuals put forth bills to keep the unfriendlies off balance and busy swatting at all the flies (like they do to us so effectively). If you have a gripe with a pro-rights proposal, don't be divisive or waste time debating, draft a different bill yourself (or with help) and get it introduced. Don't be a pro-rights obstacle. Be a pro-rights enabler. Force the antis into defensiveness. If you want some ideas for outrageous affronts to the anti-rights crowd, check out Sunshine Gun Laws, under Position Papers at
http://www.gunlaws.com.
2. Despite what some people are saying, property rights are UNAFFECTED by the Gun-Free-Zone Liability Act. Read it and see, please (posted at the end). Gun-free zones are allowed, entirely at property owner's free discretion, property rights remain 100% intact. Keep guns, ban guns, allow only 9mm, I don't care, and the law ignores you on this. Maybe we should write in a guarantee for property owners to ban guns, would that make you feel better? It would be easy enough to do.
3. If you have a problem with holding people accountable for death and mayhem they cause by enabling crime, then of course you'll be against the Gun-Free-Zone Liability Act. That's the position I expect anti-rights bigots to take. Bring 'em on. If nothing happens, i.e., the bigots are correct and gun-free zones are pleasant, safe and crime free, then the bill has ZERO affect on anything. Zero, nada, zip. Personally, I think that facet is particularly edifying. Sort of like, what harm could it do?
4. Try thinking of this as the Luby's Massacre Act. Maybe that will help emphasize the blatant fraud of proposing gun-free zones as safety nets. The heartless, insensitive, hate-filled perpetrators of defenseless victim zones should be ashamed of themselves.
5. After years of being forced to defend assault, deadly capacity, accessibility and so on, it's time for us to have the moral high ground for a change. Think about what the antis have to sound like to say they don't want any liability for murdered victims they had disarmed.
6. Also note that wholly private property like your home or ranch are exempt from the bill. ONLY public property or property open to the public is affected. There is a clear difference (well, the anarchists don't agree, but you can't please everyone) between truly private property (like your home) and a place that is open to the public and privately run, like a mall, or K-Mart. They can still ban guns remember, and you can still go shop elsewhere.
7. If you fight this ingenious, publicity-winning, popular rallying point on some hairline fracture you think you've found, instead of attacking some hellatious piece of profligate gross infringement that abounds out there, may I suggest you have your priorities in the wrong place, or at least you should consider again how best to spend your time.
Thanks for this chance to comment.
Alan Korwin, Author
Gun Laws of America
alan@gunlaws.com
602-996-4020
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This is good law, supportive of our fundamental rights, a deterrent to those who would perpetrate crimes, and places responsibility squarely on those who would cause us harm by their direct actions. It deserves to be enacted.
Please give it your support.
Sincerely,
Alan Korwin, Author
Gun Laws of America
Scottsdale, AZ
602-996-4020
GUN-FREE-ZONE LIABILITY ACT OF 2002
Establishes liability for harm caused by criminal conduct, when such conduct is wholly or partially enabled by limiting an individual's right or ability to self defense.
REFERENCE TITLE: Gun-Free-Zone Liability Act
State of Arizona
(sponsoring house)
Forty-Fifth Legislature
Second Regular Session
2002
__.B. _____
Introduced by ________________________
AN ACT
AMENDING TITLE 13, CHAPTER 31, ARIZONA REVISED STATUTES BY ADDING A NEW SECTION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, Chapter 31, Arizona Revised Statutes, is amended by adding new section 13-3117:
A.R.S. §13-3117. Gun-Free-Zone Liability.
A. Any person, organization or entity, or any agency of government that creates a gun-free zone shall be liable for damages resulting from criminal conduct that occurs against an individual in such gun-free zone, if a reasonable person would believe that possession of a firearm could have helped the individual defend against such conduct. In the event the conduct is a result of a terrorist attack as federally defined, or adversely affects a disabled person, a senior citizen or a child under 16 years of age, treble damages shall apply.
B. For the purposes of this section, criminal conduct shall include offenses specified under this title in Chapter 11 (Homicide), Chapter 12 (Assault and Related Offenses), Chapter 13 (Kidnapping), Chapter 14 (Sexual Offenses), Chapter 15 (Criminal Tresspass and Burglary), Chapter 17 (Arson), Chapter 19 (Robbery), Chapter 25 (Escape and Related Offenses) and Chapter 29 (Offenses Against Public Order).
C. For the purposes of this section, the term "gun-free zone" shall mean any building, place, area or curtilage that is open to the public, or in or upon any public conveyance, where a person's right or ability to possess firearms is infringed, restricted or diminished in any way by statute, policy, rule, regulation, ordinance, utterance or posted signs.