HB 170 -- BUSINESS PREMISES SAFETY ACT

SPONSOR:  Cox

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 8 to 4.

This bill establishes the Business Premises Safety Act which
prohibits business owners and operators from restricting any
person from lawfully possessing a firearm in a motor vehicle
except in a vehicle owned or leased by the business.  Business
owners, operators, merchants, and shopkeepers do not have a duty
to guard against the criminal act of a third party unless they
know or have reason to know that the acts are occurring or are
about to occur that could pose imminent injury to a person or
that the same criminal acts have occurred on the premises within
the prior 24 months and is likely to occur again.  In either
case, it will be their duty to use reasonable care to protect
against the acts.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill clarifies the right to
possess firearms and also reintroduces the common law requirement
that a person is generally not responsible for the criminal acts
of a third party.  The bill rejects the totality of the
circumstances test for tort liability in order to provide clear
guidance to property owners.

Testifying for the bill were Representative Cox; Missouri
Retailers Association; Missouri Chamber of Commerce and Industry;
and National Rifle Association of America.

OPPONENTS:  Those who oppose the bill say that it is necessary to
establish specific standards requiring businesses to protect the
public.  The legislation eliminates mode of doing business
liability in which businesses ignore illegal activities such as
drugs and prostitution in order to profit from those engaging in
these practices.

Testifying against the bill was John Davidson.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am