Legal News Alert

Guns & Picture Taking Cell Phones

Date: 11.19.2003

Question: What Do Guns and Picture-Taking Cell Phones Have in Common?

Answer: They are Both Banned in Many Places! Read this Legal News Alert and Stay Out of Trouble.

The Oakland County Courts recently banned cell phones with picture-taking capabilities due to security and privacy concerns. Other courts will follow. We guarantee it.

Many health clubs, locker rooms, pools and similar places have banned the use of picture taking cell phones for the same reasons.

Would you want some stranger taking a picture of you or your child in such a setting? Of course not. But have we talked to our high-tech teenagers about the trouble a phone of this type can cause? If you have not had such a conversation with your child, do so immediately. The T.V. ads for these phones suggest that they can be used anywhere and for any reason. This is not a good idea to give to a teenager.

Someone will probably sue in the near future for the civil tort of “invasion of privacy” or “infliction of emotional distress”. A lawsuit could be filed even where there are not posted limits on picture taking. There are precedents that could be applied from general photography. For example, taking and publishing a picture without permission for your own gain or which defames someone can get you into legal trouble. Newspapers have rules they follow about pictures that they publish because of these legal rules. Schools are careful about letting a child’s picture be published for very good reasons.

Concealed weapons permits are easier to obtain in Michigan today. But guns have a lot of the same restrictions on where you can take them, even if you have a permit. Not only are airports entirely off limits for guns; it is also a good idea to assume most public buildings are as well. Leave your weapons outside if you are not sure.

Guns and Picture-Taking Cell Phones have this in common: Think before you carry them anywhere. Handle them both with care.

Our Legal Advice:

1. Look for and read signs about cell phones, pagers and similar high-tech devices. Be especially careful when you walk into any public building.
2. Think carefully before buying a picture-taking cell phone for your teenager. Talk to them about privacy issues.
3. Know the rules for carrying a concealed weapon and never, ever violate them. Police officers and Judges understandably take such issues very seriously.
4. Airports, courts and schools are entirely off limits for guns. It is a good idea to assume most public buildings such as your city hall are as well. Leave your weapons outside if you have any questions.
5. If in doubt do not carry and do not use.

Copyright 2003, Brinks & Associates, PLLC

Back to Articles