And as Paul Harvey would say, The Rest Of The Story on 42 USC § 12181 (7)
Again the ADA does not cover firearms!!
Again the ADA does not cover firearms!!
Should private businesses be allowed to ban guns?
- Thread starter ronstar
- Start date
Gun Rights, Property Rights, and Takings
Gun Rights, Property Rights, and Takings
firearmslaw.duke.edu
So what you are saying is that my rights need to be suspended because of your fear in the place of public accommodation? Nope! Will not be Infringed!Gun Rights, Property Rights, and Takings
Gun Rights, Property Rights, and Takings
What is so difficult to understand that the 2nd amendment only restricted the government, not an individual! You seem to think property owners have to give up their rights to you!
And it makes no difference if it is their home or place of business gun owners are not a protected class under the civil rights laws!
Acer-m14
.950 JDJ
so this mean nothing then on our civil rights ??
www.nysenate.gov
NYS Open Legislation | NYSenate.gov
spat
.700 Nitro Express
No, people recognize that the business has a right to decide who it's going to serve.
There are a few aberrations that the legal system had gotten wrong (like the cake thing), but in general you can't force someone to work against their will. Forcing someone to serve someone they do not want to (for any reason) is a form of involuntary servitude.
spat
.700 Nitro Express
No, we're saying the guy who owns the shop can throw you out for any reason he wants.
He cannot force you to disarm. He can only force you to not be on his property.
Or are you saying the 1A would protect a crowd of gun grabbers who wanted to occupy your favorite gun shop and scream about you all being murderers ?
Vegans can protest in public outside of a butcher shop, but the owner is under no obligation to allow them inside.
Same for abortion protestors and planned parenthood. They can fill up the sidewalk, but not the lobby.
No, we're saying the guy who owns the shop can throw you out for any reason he wants.
He cannot force you to disarm. He can only force you to not be on his property.
This is a contradiction. That is exactly what he is doing. Throwing you out for any reason he wants. Can he throw you out because he doesn't like the color of your shirt? Or because of the gun? Both being inanimate objects. You can't just make up shit. If I am within the Law than you kiss off. Your Business is a Public Accomodation and Not private if you serve the public.
spat
.700 Nitro Express
He *can* throw you out if he doesn't like the color of your shirt.
Nope. You as the owner of the business have obligations to Public Accomodation Laws.
Sorry, but you are wrong here. While the ADA does say I cannot discriminate against people for disabilities, and civil rights laws state I cannot discriminate because of other factors (sex, color, creed, sexual orientation). I can ask you to leave for almost any other reason. If you don’t leave I can have the cops come and remove you.
If you don’t like it you can take me to court. I have asked people to leave my business premises for being loud, for bringing an animal in the building and for other reasons. I have told some never come back.
While being armed is an individual right, just like free speech, I can toss you out of my establishment for doing something I do not allow in my store. I can even bar you from entering my establishment, if in the past you have violated the rules of conduct for which you have been asked to leave or removed. Whether it be carrying a gun or being rude to my staff. You have no right to be on private property.
spat
.700 Nitro Express
Your understanding of this matter is highly flawed.
Here's a court case literally about a sports bar owner who didn't like the way some prospective patrons were dressed.
FindLaw's California Court of Appeal case and opinions.
FindLaw's searchable database of California Court of Appeal decisions since
caselaw.findlaw.com
Gun-Free Business Policies and Opt-Out Statutes
Opt-out statutes in state gun policies allows private businesses to restrict firearm possession in their premises. Failure to abide in business firearm policies may result in tresspassing charges and loss of permit. Find the right lawyer for your case with LegalMatch. Give us a call at (415)...
www.legalmatch.com
Can a Business Owner Exclude Me from the Premises Even if I Have a Carrying Permit?
Business owners generally have the right to exclude individuals from their premises if they refuse to follow the gun policies of the business. This is because a business owner usually has the right to refuse service to patrons for whatever reason, as long as it is not illegal or discriminatory.Business owners, however, are required to conform to the requirements that may be stated in the opt-out statute. For example, many opt-out statutes contain regulations regarding the format and language of the gun policy signs which are posted.
If a business owner fails to conform to these legal requirements, the signs do not have legal effect and the business owner may be subject to legal penalties. A business owner should ensure that their policies do not violate other areas of the law, such as free speech rights or discrimination laws.
What if I do not Obey a No Guns Sign in a Business Establishment?
The violations of a business’ private gun policy may lead to severe legal consequences. Even if the local jurisdiction or state allows individuals to have guns in public places, a business owner may be allowed to enforce their own gun policies for safety purposes.Failure to abide by a the signs or policies of a business may result in consequences, including:
- Trespassing charges: If a business owner requests that a patron leave because they are carrying a firearm, the patron may be held liable for trespassing if they refuse to leave the area. Trespassing charges may be more serious if the individual is carrying a deadly weapon, such as a gun; and
- Loss of carrying privileges: In certain states, violating a business’ policies can result in the offender having their gun carrying permit revoked.