Handgun risk & liability - Left in truck at repair shop

[Renegade]

Serious question here. How could he be liable if the gun is left in his truck concealed at a shop with no further input from him? Maybe something hitting the trigger while the truck is moved is all I can think of.

How do you see him culpable if the pistol is stolen from his truck? He would not be liable if someone steals his handgun from his vehicle and uses it in a crime no worse than if someone steals it from his home and does the same...

If a child/juvenile obtains access to it, you can be held criminally liable. if the gun is used in a crime, you are always at risk of civil liability.

 

[busykngt]

ikillbugs, glad to hear everything worked out okay. While thieves (and Ford people) know about that compartment, not everyone does. I had the sneaking suspicion that you'd be okay with it there (as pointed out, someone would have to intentionally be going through your truck to find it). I think they make a locking device for that compartment and if you drive with the center console down (like I do), it's not that quick of access to get to, anyway.
Being human, no matter how careful you are, sooner or later something like this could happen to all of us. While it may not have been a gun, just think back to *ever* having left your car keys or your cell phone somewhere not intended. In pilot training they have a saying about flying retractable-gear aircraft: those who have forgotten to extend their landing gear and those who will.

 

[FrEaK_aCcIdEnT]

clown freak me out

 

[BIGPAPIGREG]

View attachment 33436

asshole.....

 

[TXAZ]

In this situation, you really need to look at the worst case scenario: gun is taken by a prohibited person, (maybe the guy you talked to), he commits a robbery and murder, as a cya / lessening his death to a life sentence, he says you supplied the gun, you get arrested for investigation of conspiracy, et al.

After spending $50grand on a lawyer, cops and DA decide not to prosecute.
But victim's family continues $million suit against you.

As was said above, I'd go get the gun immediately in a similar situation.

(at least 1/2 the time I take my truck in its clear someone went through the glov box and console )

 

[Mikeinhistory]

I don't know how many of you work on cars for a living, but I worked at BMW dealership for little while. They had a service center. Guns were far from the most illicit things we found, and usually that weren't really "hidden" either.

 

[txinvestigator]

Of course you would not be liable if the technician steals your gun from your truck and commits a crime with it. The same applies if a customer burglarizes your vehicle and steals your gun. Make no mistake, if they pull the gun out of the console and play with it, that is theft.

Liability is a matter of fact for a judge or jury. A civil court has a much lower burden of proof, and no one can predict juries.

And someone taking the gun out and "playing with it" is not theft. See Texas Penal Code 31.01 and 31.02.

 

[TheDan]

......

gratz! You passed the reading comprehension test