IANAL, so I am not a legal expert. Such a suit is possible in that a person could file such a lawsuit. Whether or not it is viable or winnable is the real question. My opinion is that if it is based solely on not being allowed to carry the suit would fail. If the party can prove that the owner knew or should have known that their business was not safe and they failed to provide for the safety of their customers they could win. But that is not breaking any new legal ground. IMO, a suit based entirely on 30.06 restrictions is wishful thinking on the part of some CHL/RBKA advocates. I would be glad to hear the opinion of some legal experts.GEM-Texas wrote:I've yet to see a legal expert think that such a lawsuit is viable. It's promoted on the Internet but that's about it. Can anyone find legit legal scholarship that suggests such a suit is possible? GEM
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Return to “Licensed open-carry or unlicensed open-carry?”
- Sat Mar 19, 2011 12:34 pm
- Forum: 2011 Texas Legislative Session
- Topic: Licensed open-carry or unlicensed open-carry?
- Replies: 75
- Views: 12221