50 States = 50 Concealed Carry LawsH o w T h e y I m p a c t Yo u r B u s i n e s s A n d

H o w Yo u C a n D e v e l o p A N a ti o n a l A p p r o a c h To T h i s P r o b l e m

Presented By:Stacy D. Fulco & Nicole D. Milos

Las Vegas, NevadaAugust 4, 2015

August 4, 2015

» Stacy D. FulcoStacy Fulco represents and works with retailers, restaurants, security companies and hospitality companies to defend premises liability matters.

Stacy has the following experience and regularly provides these services for her clients:• Claim evaluations, case value assessments and partnering with clients to reach the best possible outcome in a cost-effective manner.• A successful dispositive motion practice resulting in case resolution. • Handling all forms of ADR with a proven track record of successful outcomes for her clients.• Litigating matters from case inception through discovery, trial and appeal.• Providing insurance coverage analysis, tender letter preparation and handling of declaratory judgment and breach of contract actions. • Assisting with vendor contracts to ensure proper coverage and protection from third party liability claims.• Handling subrogation recoveries, worker’s compensation issues and lien recoveries, employer liability issues, as well as training and policy development.

» Nicole D. MilosNicole Milos represents retailers, property management companies, property owners, restaurants and security companies. Nicole’s practice focuses on: Risk Management and the Litigation of Tort, Contract, Fraud and Insurance claims.

Nicole works with her clients to develop methods to avoid risk and minimize exposure. Ms. Milos’ past success and expertise extends to the following areas:

• Analyzing corporate practices and procedures to avoid claims and/or minimize liability.

• Evaluating claims and recommending defense strategies from case inception through appeal, if necessary.

• Drafting and arguing dispositive motions, including defending successful rulings at the appellate level.

• Negotiating settlements through ADR, mediations, pre-trials and communications with opposing counsel.

• Assisting clients to establish risk transfer strategies, including analyzing coverage issues and insurance policies and drafting tender letters demanding defense and indemnification.

Speaker Introducti on:

Purpose/Goal of Presentati on:

» Provide a basic understanding of the different types of gun laws across the country;

» Discuss the practical use and application of No-Gun signs;

» Give a general overview of internal policy considerations;

» Review of contract and security vendor issues; and

» Evaluate liability for criminal acts of third parties involving a concealed weapon.

August 4, 2015

Every company must make a business decision as to whether it will allow guns on its property.

Our focus is evaluating potential civil liability and helping you minimize that risk while complying with state laws and internal corporate policies.

Legal Disclaimer:

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August 4, 2015

Types Of Concealed Carry Laws By State

(1) Unrestricted StatesAlaska, Arizona, Arkansas, Kansas, Maine,

Vermont and Wyoming

(2) Shall-Issue StatesAlabama, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, N. Carolina, N. Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, S.

Carolina, S. Dakota, Tennessee, Texas, Utah, Virginia, Washington, W. Virginia, Wisconsin

(3) May-Issue StatesCalifornia, Connecticut, Delaware, Hawaii, Maryland, Massachusetts,

New Jersey, New York, Rhode Island, Washington DC

Three Types of Concealed Carry Laws:

August 4, 2015

Most Common = Handgun

A Few Exceptions:Florida – “firearm” means any weapon which may expel a projectile by the

action of an explosive; any destructive device; any machine gun

Indiana – “firearm” means any weapon that is capable of expelling or designed to expel a projectile by means of an explosion

Pennsylvania – “firearm” is any pistol or revolver with barrel less than 15 inches, any shotgun with barrel less than 18 inches

Utah – “firearm” means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle or device that could be used as a dangerous weapon which

expels a projectile with an explosive

Illinois - handgun

How “Weapon” Is Defi ned:

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No-Gun Signs

» No-Gun Signs Allowed by Statute» Example – Illinois

Section 65 (a-10): The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property …

» Implied Use of No-Gun Signs

» Where to Post No-Gun Signs» Example – Illinois

Section 65 (d): Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property…

No-Gun Signs:

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Internal Policy Considerations:

Why do we need a policy?

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Compliance with Local Laws• Most states do not allow guns in the following locations: Bars; State buildings,

local government buildings, courthouses, police stations, jails, libraries; airports; Hospitals, mental health facilities, nursing homes; Stadiums, arenas, and sporting events; Amusement parks, zoos, and museums; Colleges and universities; Public transportation; Public gatherings; Nuclear facilities.

• Most states allow guns in parking lots

Define the terms of your policy, including “weapon”

Take a position regarding signage

Be consistent

Develop methods of enforcement

Re-evaluate your policy regularly

Policy Considerati ons:

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• Leases• Property Management Agreements• Association Agreements• Franchise Agreements• Vendor Contracts• Independent Contractor Agreements• Security Agreements

Contract Issues:

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Terms to Consider:

• Indemnification/Risk Transfer• Compliance with State and Local Laws• Signage• Common Areas• Notice• Media Representation

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Civil Liability Discussion & Hypotheti cal

Situati ons

Civil Liability Hypothetical Situation #1

» Hypothetical Facts:˃ No-gun signs are NOT posted˃ Policy is to comply with state laws˃ No security at the restaurant˃ Argument between two

customers & one has a legal concealed weapon

˃ Customer with a gun shoots the other customer and a bystander by accident

What are the liability concerns for the restaurant?

Is there a duty to have security?

August 4, 2015

Civil Liability Hypothetical Situation #2

» Hypothetical Facts:˃ No-gun signs are NOT posted˃ Argument between two customers in

restaurant˃ One of the customers has a concealed

weapon with a legal permit˃ Customer with a gun shoots the other

customer and another customer by accident

˃ Company has a policy of no guns allowed

Liability issues? Should cafe have security? Impact of not using no-gun signs?

August 4, 2015

XYZ COMPANY

XYZ respectfully requests that customers no longer bring firearms

into our restaurants or outdoor eating areas – even in states where ‘open carry’ is permitted – unless

they are authorized law enforcement personnel.

Civil Liability Hypothetical Situation #3

» Hypothetical Facts:˃ No-gun signs are NOT posted˃ Uniform security officer at front of the

restaurant˃ Argument between two customers ˃ One of the customers has a concealed

weapon with a legal permit˃ Customer with a gun shoots the other

customer and another customer by accident

Does the restaurant have a duty to provide an ARMED security officer?

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Civil Liability Hypothetical Situation #4

» Hypothetical Facts:˃ No-gun sign is posted – so NO GUNS

ALLOWED˃ Store robbery takes place and the

criminal shoots several customers˃ Took place in a state with NO civil

immunity

What are the liability concerns for store?

TWIST: One of the victims has a conceal-carry permit but left his gun in his car b/c of the no-gun sign. Do the arguments change?

August 4, 2015

Civil Liability Hypothetical Situation #5

» Hypothetical Facts:˃ Strip mall in Illinois˃ Property owner refuses to prohibit

guns˃ Your restaurant (a lessee) has a

national no-gun policy ˃ Lease silent on issue (written before conceal-carry law

passed)

What can the company do about this problem?

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Civil Liability Hypothetical Situation #6» Hypothetical Facts:

˃ Restaurant in Ohio has a shooting˃ A no-gun sign is posted˃ Ohio has a statute which provides

civil immunity to private businesses and property owners

Is the restaurant automatically immune from civil liability for this shooting?

˃ Things to consider

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Ohio

Sec. 2923.126

(C) (2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this division, “private employer” includes a private college, university, or other institution of higher education.

Thank You!

August 4, 2015

Stacy D. Fulco, PartnerCremer, Spina, Shaughnessy, Jansen & Siegert, LLCOne N. Franklin, 10th FloorChicago, Illinois 60606Direct: #312/601-9682sfulco@cremerspina.comBLOG: www.stacyfulco.com

Nicole D. Milos, PartnerCremer, Spina, Shaughnessy, Jansen & Siegert, LLCOne N. Franklin, 10th FloorChicago, Illinois 60606Direct: #312/980-3024nmilos@cremerspina.com

Questions or Comments?