Farearm stolen

[SPR]

What is the name of your state? Pa

I normally have my vehicle stored in a garage with the alarm armed and doors locked. Due to a rare event, I was unable to garage it and did not lock it up, simply didn't realize that it was left that way when I went to bed.

Woke up to find the gun missing from the vehicle. I am extremely upset about this, along with my wife, the fact that the gun could be used in a crime. Could I be held responsible in this case if it is used in a crime? What am I facing if so?

It was already reported stolen, report taken, I had proper documents along with a carry permit.

 

[gawm]

As long as you filed a report you will be fine.

 

[SPR]

As long as you filed a report you will be fine.

Thanks for the reply.

Just a scenerio; someone is killed and the family is looking for responsible people. Am I going to get sued or have charges pressed against me?

 

[gawm]

No, you were a victim of a crime just like they would be. It would be the person who committed the crime who would be liable. It is not the same thing as if one of your kids friends came over and you had the gun out and someone got hurt. (I think that is what you worried about). Some one went were they shouldn't have and deliberately took something they shouldn't have. It is on them. Unfortunately they probably will not ever be caught.

 

[SPR]

Thanks. You have def made me feel better.

I had read a case where in Ma they held a person resposible for not having a gun locked up properly and their adult son came and got the gun and commited a crime with it. This is what got me shaken up over my situation.

Is the situation still the same if the person was a minor? Sorry to keep asking questions, but I just want to have all of the info so that I can talk to my wife about it and we can have peace of mind.

Thanks again

 

[Ohiogal]

Thanks. You have def made me feel better.

I had read a case where in Ma they held a person resposible for not having a gun locked up properly and their adult son came and got the gun and commited a crime with it. This is what got me shaken up over my situation.

Is the situation still the same if the person was a minor? Sorry to keep asking questions, but I just want to have all of the info so that I can talk to my wife about it and we can have peace of mind.

Thanks again

You are responsible for anything YOUR minor child does.

 

[tranquility]

After a quick search on the internet, I don't believe PA has a child safety law requiring certain types of firearm storage enforced with criminal penalties.

However, you do have a duty to certain people with a gun, just as with an automobile. If you breach that duty and that breach causes damages you could have liability.

Even now, if the criminal shot someone and the family wanted to sue someone, you could be included in the suit. An argument could be made that but for you keeping your firearm in an unlocked vehicle the shooting wouldn't have happened. As Gwam mentioned, a criminal act (Actually, two. The theft and the shooting.) would stand between you and the victim and would be a great example of severing legal or proximate causation. While an argument could be made you acted recklessly and not merely negligently when we are talking about losing the firearm, I don't think that would be enough to overcome the causation element.

As to the kids in your house, proximate cause would not automatically be severed by another's criminal act. It is reasonably forseeable that a kid with a firearm could hurt someone. The key question would be if you took reasonable steps to prevent that from happening. Think jury. What would a jury think about the steps you took or didn't take?

In my mind, leaving a loaded pistol on a table in a house full of kids--negligent (at least).

The unloaded pistol in a box with all ammunition in another location--probably not.

If you are reasonable and not a 2nd amendment nut-type, you estimate what your liability would be from the reality of your facts and you'll probably be in the ballpark.