Gun Owner, Not Thief, Could be Held Liable for Murders in New Hampshire

This is a discussion on Gun Owner, Not Thief, Could be Held Liable for Murders in New Hampshire within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by barstoolguru He needs to be sued, it’s his firearm and he has a responsibility to secure it from unauthorized access. if they ...

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Thread: Gun Owner, Not Thief, Could be Held Liable for Murders in New Hampshire

  1. #31
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    Quote Originally Posted by barstoolguru View Post
    He needs to be sued, it’s his firearm and he has a responsibility to secure it from unauthorized access. if they break a lock off and uses it but to just leave it lying around so anyone can get at it is a different story. Texas has laws that say just that and makes the owner responsible

    edit: it wasn’t lying around but in a secure cabin but not locked up. there still needs to be some better for of security if it’s that easy to get to it

    “IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.”
    PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
    Wow. This is one of the worst arguments ever. It's bad on so many levels. I'll start with two.

    1. This isn't in Texas so Texas law doesn't mean squat.
    2. The gun was locked up. It was locked up in a cabin that a person had to break into to get. I'll let you think about that for a second.....OK ready for the next question? If a BG was willing to break into a locked cabin don't you think he would have broken into a flimsy $80 gunvault too? Or is that just beyond you?

    A screw driver and 5 minutes is all it would take.
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    The government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a
    patriot and who isn't. Its function is to obey orders, not originate them.

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  3. #32
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    Let's take the gun out of the equation.

    Let's say that hypothetically, the criminal had not stolen a firearm, but had instead stolen a fish gutting knife and stabbed the victim with it. Do you feel that the cabin owner should still be charged with negligence since he did not put a lock on his tackle box and put in in a safe? Or is it simply that is was an evil gun that was stolen and used?

    The tool used for the crime is irrelevant. The animal killed someone, and would have done so regardless of what he was able to acquire.

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    Do we really want to blame the victim of a crime for not preventing the crime from happening?

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  5. #34
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by barstoolguru View Post
    We are not talking strong arm robbery here; we are talking negligent that cost someone else their life. He chose to leave a firearm in a cabin that he has no direct control over. He left the gun in a place that could have been breached by anyone and it was by HIS own family. When you leave a gun some place that mutable people have access to with minimal effort you should be responsible for it.
    And I do agree that if you go to bed and leave your keys lying out and someone takes the car you are responsible for that too
    Sir, your arguements are absurd. How does one properly store ones keys to your satisfaction? So we can not leave our car keys lying about in our home in case a robber breaks in and takes them? What if we hide them? Or do they need to be in a safe?
    Last edited by suntzu; June 20th, 2012 at 06:41 AM.
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  6. #35
    Senior Member Array Chad Rogers's Avatar
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    Quote Originally Posted by suntzu View Post
    Sir, your arguements are absurd. I does one properly store ones keys to your satisfaction? So we can not leave our car keys lying about in our home in case a robber breaks in and takes them? What if we hide them? Or do they need to be in a safe?
    And according to ASIS International standards, any safe weighing less than 750 pounds must be anchored to the floor...
    "People who take an Internet handle of a great warrior, are usually the first to go fetal when crunch time comes." - Me

  7. #36
    VIP Member Array Crowman's Avatar
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    Quote Originally Posted by barstoolguru View Post
    He needs to be sued, its his firearm and he has a responsibility to secure it from unauthorized access. if they break a lock off and uses it but to just leave it lying around so anyone can get at it is a different story. Texas has laws that say just that and makes the owner responsible

    edit: it wasnt lying around but in a secure cabin but not locked up. there still needs to be some better for of security if its that easy to get to it

    IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.
    PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
    You have got to be kidding. Even under Texas law the gun owner is not liable. Your quote of Texas law states: "...where children are likely to be...." take note it states children and likely to be. The shooter was not a child and was not likely to be in the locked cabin. In fact the gun owner can safely believe that no children would likely ever enter is locked cabin.

    As for the law suit.... It seems it is coming from an "ambulance chasing" attorney and/or the mother of the victim. Doesn't pay to sue the shooter since he has nothing to take. So go after someone that does. Its all about $$$$$$$$$.
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    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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