Re: Open Carry & gun control
Posted by Punchhowzer on 2/14/04
Bronto, If Walmart sues my client civilly for violation of their
policy, the law and the facts upon which they rely had better
fully support the merits of the case moving forward. If they
don't, I am going to ask for fees and costs when I get the case
kicked at Summary Judgment and then I am going to counter sue for
abuse of process. In this state, I do not need to prove they knew
that their case had no merit, only that it didn't.
On 1/26/04, brontosaurus wrote:
> I will tell you that a company's firearms policy cannot dictate
> the manner in which you will be treated by the legal system.
> Walmart does not permit customers to carry a concealed firearm,
> however a customer that carries a pistol and keeps it concealed
> will not be found out.
>
> Moreover, a company cannot have you arrested for the criminal
> use/misuse of the firearm if it is concealed and you are acting
> within the statutory guidelines of your state. However, the
> company could pursue a civil complaint against you for some
> perceived damage to the company through your negligence.
> However, if you don't draw the weapon, fire the weapon, display
> the weapon, threaten to use the weapon, then their complaint
> won't have any actual damages to attach.
>
> Nevertheless, we are talking about "law" and with all
> politically charged issues, guns bring out emotions rather than
> calm logic and there is a possibility a law abiding citizen
> with a concealed permit/license could lose a civil suit, but
> most likely a criminal suit would not hold up.