=============== Proposed amendment to RCW 9A.16 ===============
Contact: John Hardin <jhardin@impsec.org>
Permanent copy: http://www.impsec.org/~jhardin/wa_gun_laws_gun_free_zones.txt
$Id: wa_gun_laws_gun_free_zones.txt,v 1.6 2008-01-20 11:26:39-08 jhardin Exp jhardin $

Note: This may be more properly placed in some other section
of the RCW. Feedback is solicited.

---------------------

REFERENCE TITLE: Gun-Free-Zone Liability Act
RCW 9A.16 shall be amended by adding a new section 9A.16.130:

RCW 9A.16.130 "Gun-Free" Zones -- Liability.

(1) Any person, organization or entity, or any agency of government, that
creates a gun-free zone shall be liable for damages resulting from the
commission or attempted commission of a violent offense as defined in RCW
9.94A.030 that occurs against an individual or individuals in such gun-free
zone, if a reasonable person would believe that possession of a firearm could
have helped the individual or individuals 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.

(2) Liability for damages is not mitigated, reduced or eliminated by the
provision of guards, whether unarmed or armed, or by any other physical
security measures.

(3) For the purposes of this section, the term "gun-free zone" shall mean any
building, office, place, area or curtilage that is open to the public, or in
or upon any public conveyance, or in any place of employment, where a person's
right or ability to keep arms or to bear arms is infringed, restricted or
diminished in any way by statute, policy, rule, regulation, ordinance,
utterance or posted signs, excluding those places and circumstances where
possession of a firearm is specifically prohibited by RCW 9.41.300.

---------------------

Rationale:

Events over the past decade have clearly and brutally demonstrated that
"gun-free" zones do not prevent violent criminals from committing crimes of
violence at those locations. Instead, "gun-free" zones render law-abiding
individuals helpless and unable to act in their own self-defense when
confronted by a violent crime.

Any entity that prevents a responsible adult from being able to act in their
own self defense should be held liable for any damages resulting from that
inability to act in self-defense.

This proposal does not prohibit the creation of "gun-free" zones, but the
creator of the gun-free zone will be held liable for any damages that result.

This proposal does not mitigate damages when physical security is provided,
for while such physical security reduces the likelihood of an attack, it does
not ensure such an attack cannot take place, and does not excuse the
interference in the right to self-defense.