Stolen Firearm Liability

[SPCHardin]

Firstly, I would like to apologize if this was covered in a another thread. If it was please let me know and I will keep digging for it.

What type of liability does a firearms owner face if one of his weapons is stolen? If he reports it to the police is he absolved of liability from the use of his stolen firearm? Does it depend on how he had stored the weapon (I.E, if it was secured, left in the open, etc.)

Thanks!

 

[majormadmax]

The firearm itself doesn't commit a crime, someone using it does; so if your weapon is stolen you have no more liability for its use than if someone stole your car to rob a convenience store...

 

[Kimber_me_timbers]

Firstly, I would like to apologize if this was covered in a another thread. If it was please let me know and I will keep digging for it.

What type of liability does a firearms owner face if one of his weapons is stolen? If he reports it to the police is he absolved of liability from the use of his stolen firearm? Does it depend on how he had stored the weapon (I.E, if it was secured, left in the open, etc.)

Thanks!

Sorry bro, I'll bring 'em back, but I have to do a "thing" first...

 

[Texan2]

The firearm itself doesn't commit a crime, someone using it does; so if your weapon is stolen you have no more liability for its use than if someone stole your car to rob a convenience store...

^^^ This....you have no liability.

 

[Bithabus]

Under certain circumstances, if you negligently leave your gun somewhere and a child steals it you could be held criminally liable. Other than that I agree with above.

 

[txinvestigator]

Under certain circumstances, if you negligently leave your gun somewhere and a child steals it you could be held criminally liable. Other than that I agree with above.

I believe that law makes a defense if the access to the firearm was gained by violating the penal code. That means if it is stolen, a violation of the code, it is a defense for Making a Firearm Accessible to a Child.

 

[Bithabus]

I believe that law makes a defense if the access to the firearm was gained by violating the penal code. That means if it is stolen, a violation of the code, it is a defense for Making a Firearm Accessible to a Child.

Only if the child entered property in violation of the code.

 

[txinvestigator]

Only if the child entered property in violation of the code.

Yep, I do not see how they could otherwise steal your gun. Maybe your kids friend stealing it when they there visiting?

 

[Bithabus]

Yep, I do not see how they could otherwise steal your gun. Maybe your kids friend stealing it when they there visiting?

That's possible. Or you put it on the bench next to you at the playground and some kid runs off with it. I agree it's unlikely but it's possible, and the only occasion I can think of where you could be held liable for the action a person takes after stealing your gun.

I think the defense should read "was gained by engaging in conduct in violation of this code".

 

[Renegade]

From US Code on Safe gun Storage (note it only applies to handguns):

(3) Liability for use.--
(A) In general.--Notwithstanding any other provision of law,
a person who has lawful possession and control of a handgun, and
who uses a secure gun storage or safety device with the handgun,
shall be entitled to immunity from a qualified civil liability
action.
(B) Prospective actions.--A qualified civil liability action
may not be brought in any Federal or State court.
(C) Defined term.--As used in this paragraph, the term
``qualified civil liability action''--
(i) means a civil action brought by any person against a
person described in subparagraph (A) for damages resulting
from the criminal or unlawful misuse of the handgun by a
third party, if--
(I) the handgun was accessed by another person who
did not have the permission or authorization of the
person having lawful possession and control of the
handgun to have access to it; and
(II) at the time access was gained by the person not
so authorized, the handgun had been made inoperable by
use of a secure gun storage or safety device; and

(ii) shall not include an action brought against the
person having lawful possession and control of the handgun
for negligent entrustment or negligence per se.

 

[SPCHardin]

What about long guns?