=============== Proposed amendment to RCW 9A.16 =============== Contact: John Hardin 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, and if the individual or individuals would have lawfully carried a firearm at that location absent the gun-free zone's prohibition. 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 or bear lawfully-held arms is infringed, restricted or diminished relative to other public locations by any 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 using guns. 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 prohibition and the resulting inability to act effectively 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 from that prohibition. 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.