Concealed guns law may handcuff businesses

by Eric Olson

SBJ Reporter

eolson@sbj.net

Business owners' defense against patrons carrying concealed weapons into their offices is an 11-by-14-inch sign. According to Missouri's newly enacted concealed weapons law, private businesses can become restricted areas, just as churches, schools, hospitals and government buildings are, by posting a sign with the words "off-limits to concealed firearms."

But that sign, rather than limiting the business owner's civil liability, may actually add to it, according to Greene County Prosecuting Attorney Darrell Moore.

"The way it is written, businesses are kind of caught in a hard spot," Moore said.

If an innocent bystander is shot and killed at a place of business that prohibits guns, the victim's family could bring suit against the business owner, arguing that denying the victim's right to carry a concealed weapon stripped him of his civil rights.

On the other hand, he added, if a business owner allows guns on premises and an employee shoots someone, that, too, could open up a civil case.

"A creative lawyer could argue it either way," Moore said. "From a criminal prosecution (standpoint) only the employee can be held liable. But in civil liability, a good lawyer will go after not only the employee but go after the store and the insurance and everybody they can find.

"I think the issue of civil liability is an open issue. It is not addressed by this criminal law." Moore said the only way to fully protect one's business is to get a change at the legislative level.

"It is something that businesses may want to go back to the legislature and say if we do post no weapons allowed' that we do not suffer any civil liability," he said. "I don't think it's too late to do that, but they need to get right on it."

Sign of times

Some Springfield businesses already have acted with signs.

Commerce Bank's Regional Marketing Manager Susan Kirkman said bank facilities have signs posted prohibiting concealed weapons on premises to protect customers and employees, but she declined to comment further on security issues.

The Progressive Group of Insurance Companies, based in Ohio, has taken a company-wide position, mandating all six Missouri offices post signs prohibiting weapons on site.

The sign at Progressive's Springfield office, 3330 S. National Ave., reads, "Progressive prohibits firearms on these premises." Progressive spokesperson Matthew Collister said Progressive already has "weapons-free workplaces," but state laws required further action.

"We don't believe concealed carry laws are having a direct impact on our business. At the same time, the health and safety of our employees is our utmost concern," Collister said via e-mail. "To the extent people are allowed by law to carry concealed weapons, we will advise them that weapons are not allowed in Progressive offices or on our property."

Businesses that haven't posted signs are perhaps unaware of the law or simply not concerned, said attorney Justin Harris of Lowther Johnson Attorneys at Law LLC.

Bill Smillie of Smillie's IGA is among them. Smillie has not posted signs prohibiting concealed weapons at his store, 1421 S. Glenstone, which was robbed at gunpoint one year ago.

"What could I do as a grocery store? What legal rights would I have to detain that person and have them arrested?" Smillie asked. "I haven't read that."

According to Matt Brown, spokesperson for the Springfield Police Department, posted signs provide the legal right to ask patrons to leave. If problems arise, call the police, he said.

"Maybe that's something that I need to do for the safety of our customers," Smillie said of the signage.

Without a sign, Brown said the law is difficult to enforce.

"If it is not posted, then you aren't knowingly violating the law (by carrying a concealed weapon)," Brown added. "You have to be in knowing violation of the ordinance. Knowing violation means that you had prior knowledge that it was illegal to carry in that business."

However, even if a patron knowingly enters with a concealed weapon, it would not be a criminal offense, Brown said. The offense would be trespassing, a misdemeanor charge.

Though a sign may protect customers and employees, Smillie doesn't think it would reduce the potential for crime. "A crook is a crook is a crook, and he's going to have a gun whether you do anything about it or not," said Smillie, who is considering applying for a permit.

Outside of civil liabilities, Harris said weapons-free signs might be asking for trouble.

"The sign just tells any would-be criminal that nobody in here is going to be carrying a gun," Harris said. "I would think the sign is more of a Rob me, please' sign."

Little concern

Despite uncertainties in the law, it seems its ramifications do not concern businesses. At Ollis & Company insurance agency, only a few financial institutions have inquired, said Richard Ollis, president. Those companies have since posted signs on their doors. "Frankly, a lot of people haven't expressed a lot of concern about it," Ollis said.

It might be different if there were new insurance language or policies available, Ollis said, but nothing has yet developed.

"To my knowledge there are no new special insurance policies regarding the new concealed weapons law. The same insurance would apply, whether it be work comp or liability or whatever, that may involve a weapon," Ollis said.

"Maybe we should be up on it a little bit more, but again there's been few inquiries. It's one of those deals that if we don't see a huge risk, then we don't typically do a lot of proactive research on it," he added.

Harris' clients at Lowther Johnson Attorneys have not asked questions, either.

"I think for most business people it is kind of under the radar," Harris said.