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by agbullet2k1
Mon Oct 13, 2008 10:11 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Property rights vs. gun rights re: parking lot law
Replies: 51
Views: 4825

Re: Property rights vs. gun rights re: parking lot law

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txflyer wrote:I had already posted this in the other thread, but thought I would add it here as it makes more sense here:

I really don't see this as a property rights issue. There are already a number of laws governing parking lots for business owners. Some are for equal access (handicap slots), others for public protection (fire lanes). This one falls under the issue of public protection. More armed law abiding citizens equals less crime.

At the very least I would like to see the law written such that it protects visitors (i.e. all non-employees can lock a weapon in their car in the business' lot). Very often a visitor does not know whether a business is going to prohibit handguns in the lots or not until arriving. If the nearest legal lot is some distance away, the visitor may not be able to use the facility at all (especially if the CHL holder is handicapped). This scenario I would put under the category of equal access.

So interesting question: can a business owner run afoul of ADA if they prohibit a handicapped CHL holder from locking their weapon in their car? Could ADA become our friend here? Any case law yet?
We'd probably have a better chance (as in better than none) with the ACLU than relying on ADA.

I'd say that we could very easily equate companies who decide what we keep in our own cars with companies that decide what we can put in our bodies. There are already several cases out there of employers firing employees for smoking on their own time or for being overweight, citing healthcare costs. I think that whatever the outcome of those cases is will determine how likely we are to see our cars' contents become our own business.

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