Gun bans discriminatory?

This is a discussion on Gun bans discriminatory? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; As I was grocery shopping today I had a thought. For those of us in states where "no gun" signs hold no legal weight, is ...

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Thread: Gun bans discriminatory?

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    Member Array Compa49's Avatar
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    Gun bans discriminatory?

    As I was grocery shopping today I had a thought. For those of us in states where "no gun" signs hold no legal weight, is it discriminatory if the store asks you to leave? Even in states where those signs are "legal" I can see a basis for a discriminatory lawsuit. If they were to ask you to leave because of age, sex, race or religion you would have a big lawsuit. So why is it any different if you are asked to leave if you are legally carrying a firearm?

    I am no lawyer but I see a strong basis for a lawsuit. Maybe an actual civil lawyer could chime in. What do you think? Am I way off? Or am I thinking too rationally for politicians?
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    Member Array DamnYankeeOK's Avatar
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    I'm not a lawyer, but I wouldn't think so. I don't see gun owners as a protected class. The "discrimination" wouldn't be based on race, see, religion, or age.

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    VIP Member Array Brad426's Avatar
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    Gun owners are not a protected class.
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    Member Array ourwebstop's Avatar
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    Even if gun-owners were a protected class, they could still prohibit you from bringing a gun into their place of business, they just couldn't ban you.

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    Senior Member Array Warrior1256's Avatar
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    Here in Kentucky "Guns Prohibited" have no force of law behind them. If I really wanted to carry in this business I would just ignore the sign. However, I simply refuse to patronize such businesses and give them my money.

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    Same as "no shirt, no shoes, no service" I think. Or "no backpacks."
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    Member Array fredg53's Avatar
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    Think you would have a real hard time crying discrimination enough of that in this country anyway

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    Ex Member Array Manderinobyebye's Avatar
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    If someone filed a lawsuit for that,they have way more money than sense.
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    We have several lawyers here that spend millions on advertising. They assure us they will never charge us a dime until the case is settled. I suspect you have zero chance of getting these ambulance chasers to take your case.

    If you want to take it on be prepared to pay an hourly rate around $200 - $400 per hour.

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    VIP Member Array mcp1810's Avatar
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    Not discrimination. They are not banning a person they are banning a behavior. Just like putting up a no smoking sign.
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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by Compa49 View Post
    As I was grocery shopping today I had a thought. For those of us in states where "no gun" signs hold no legal weight, is it discriminatory if the store asks you to leave? Even in states where those signs are "legal" I can see a basis for a discriminatory lawsuit. If they were to ask you to leave because of age, sex, race or religion you would have a big lawsuit. So why is it any different if you are asked to leave if you are legally carrying a firearm?

    I am no lawyer but I see a strong basis for a lawsuit. Maybe an actual civil lawyer could chime in. What do you think? Am I way off? Or am I thinking too rationally for politicians?
    just tell them you are gay ... and it's only because you are a "gay" gun owner that you are being asked to leave , and they'll leave you alone.
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    VIP Member Array suntzu's Avatar
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    Haven't seen this discussion in awhile I beleive that with SCOTUS and "strict scrutiny"..........oh never mind LOL Some here will get the reference.
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    Member Array Compa49's Avatar
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    Quote Originally Posted by ourwebstop View Post
    Even if gun-owners were a protected class, they could still prohibit you from bringing a gun into their place of business, they just couldn't ban you.
    That would be like prohibiting you from driving in a shopping center parking lot because you own a 4WD. What is the difference? They are discriminating against you because you have a gun. Based on the definition of discrimination they are discriminating. I know I am taking the definition very literal and I know the law would probably would probably never see it that way. I was just wondering if others see it as I do.

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    Quote Originally Posted by mcp1810 View Post
    Not discrimination. They are not banning a person they are banning a behavior. Just like putting up a no smoking sign.
    I assume you are referring to no smoking indoors which is a law not a business policy so it is not the same. One is legal and one is legally restricted by law.

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    Quote Originally Posted by Warrior1256 View Post
    Here in Kentucky "Guns Prohibited" have no force of law behind them. If I really wanted to carry in this business I would just ignore the sign. However, I simply refuse to patronize such businesses and give them my money.
    Since in WA such signs aren't legal I don't even look for them. I know the places I can't carry based on state and federal law. That is all that matters to me.

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