Gun owner fails to adequately secure firearm, child dies

[Gary and Alla 3,694]

No one mentions the child was in the home of a drug dealer. ????? Only that there was a gun

Children in drug dealers homes have a signifantly higher risk of early death. Perhaps we should be addressing THAT. Given that there are 2000 million firearms in the hands of law abiding gun owners and far more children are killed riding bicycles...me thinks thou doth protest too much.

If you have a loaded gun, keep it ON YOUR PERSON where no one can mess with it. How is that difficult?

[Dakine10 5,452]

Did govt come out and tell you AR15 was never used in school shooting, based on which they have created a mass hysteria?

Dude this is saying like families with the cars have more chances of being involved in car accident than families with no car.

As per you no guns means no violence or no death, why is chicago with country's toughest gun control have so many deaths, whys does Europe have so many violent deaths?

Wow, I wish I hadn't lost my fishing rod. You don't usually see this many red herrings all at once.

[elmcitymaven 9,712]

Check out McGRANE v. CLINE

In that case, a firearm was stolen from a bedroom and used in a murder. They had a safe but it was left out. The final ruling was that they were not liable for the murder.

They weren't liable for murder due to a lack of foreseeability breaking the chain of causation. However there are numerous cases out there where someone has been held liable because the use was foreseeable (showing kids where the guns were kept, for example). Finnochio v. Mahler has a nice discussion of this. There is no reason why McGrane could not be distinguished on the facts in the future. I was trying to look for cases on Westlaw where McGrane was distinguished or disapproved, but alas it is outside my subscription.

Edited February 27, 2013 by the maven

[Gary and Alla 3,694]

They weren't liable for murder due to a lack of foreseeability in the chain of causation. However there are numerous cases out there where someone has been held liable because the use was foreseeable (showing kids where the guns were kept, for example). Finnochio v. Mahler has a nice discussion of this. There is no reason why McGrane could not be distinguished on the facts in the future. I was trying to look for cases on Westlaw where McGrane was distinguished or disapproved, but alas it is outside my subscription.

Just keep the gun on your person and this does not happen. I find a "pancake type" hip holster the best. No retaining strap, just a fitted leather holster. No one is going to steal it from me.

[Ban Hammer 13,573]

And the contents inside.

not necessarily.

[elmcitymaven 9,712]

Just keep the gun on your person and this does not happen. I find a "pancake type" hip holster the best. No retaining strap, just a fitted leather holster. No one is going to steal it from me.

Actually, I was thinking of your post when I wrote the above -- someone stealing from a concealed holster off a person would almost certainly break the chain.

[The Nature Boy 4,224]

maybe if dude had some common sense, he wouldn't have been napping with a gun laying around in reach of a toddler.

I am sure the fact that he was stoned out of his gourd and selling dope had nothing to do with it

[The Nature Boy 4,224]

Or maybe, if the legal gun owner had properly secured his firearm two years ago, this wouldn't have happened with his gun, or if maybe guns were not so easily obtained legally, this could never happen at all.

Your right . Someone stole a gun from a law abiding citizen and was using it in his drug dealing business. They should hang the lawful gun owner all his fault.. Good grief you can't make up this kind of bent backwards ####### logic.

How was the toddler's father able to get the weapon in the first place?

Father was breaking already breaking god knows how many laws. Lets make a few more, he will become a model citizen overnight...

And? If a neighbor's child wanders into your backyard, falls in the pool and drowns, because you forgot to latch the gate, are you not still liable?

Yes and what does that have to do with someone stealing a gun

[decocker 7,198]

I am sure the fact that he was stoned out of his gourd and selling dope had nothing to do with it

if he was stone sober or passed out, the gun was accessible to a four year old. the four year old is dead.

[Usui Takumi 1,562]

They weren't liable for murder due to a lack of foreseeability breaking the chain of causation. However there are numerous cases out there where someone has been held liable because the use was foreseeable (showing kids where the guns were kept, for example). Finnochio v. Mahler has a nice discussion of this. There is no reason why McGrane could not be distinguished on the facts in the future. I was trying to look for cases on Westlaw where McGrane was distinguished or disapproved, but alas it is outside my subscription.

I can see the distinction. In Finnochio, the primary actor had access on multiple occasions and the owner, through his admission to his daughter regarding the boy, was fully aware that the thief was not trustworthy. As a result he had a duty of care to secure the arm.

[Mr. Big Dog 10,747]

Did govt come out and tell you AR15 was never used in school shooting, based on which they have created a mass hysteria?

No, the government came out and debunked that lie that conspiracy gun nuts started and that for some odd reason you keep spreading. ALL of the Sandy Hook victims were massacred with the AR-15. Only brain dead gun freaks ever fell for the lie started by other brain dead gun freaks that the AR-15 was found in the car outside the school. I've educated you specifically on that issue before when you first tried to spread this disgusting lie back in January. And here we are again. You're still busy lying about this and you just won't stop no matter the facts. You're a pathological liar! How pathetic!

All 26 of Lanza's victims were shot with the .223-caliber semi-automatic rifle, said Vance, who bristled at claims to the contrary during an interview with Hearst Connecticut Newspapers.

"It's all these conspiracy theorists that are trying to mucky up the waters," said Vance, the longtime state police spokesman.

Multiple Second Amendment and gun owner websites have attempted to cast doubts on whether the Bushmaster XM-15, a type of AR-15 rifle that is currently legal, was used in the Dec. 14 carnage done by Lanza.

Read more: http://www.greenwichtime.com/newtownshooting/article/State-Police-All-26-Newtown-victims-shot-with-4220548.php#ixzz2M487sAOS

Edited February 27, 2013 by Mr. Big Dog

[Danno 1,228]

Why couldn't that accidentally fired round have found its way into the sorry excuse for a father this poor kid had?

Now THAT would have been a sweet story.

[PMartin37 161]

Yeah, he is probably fairly insignificant in the grand scheme of things. But he is also probably quite NEGLIGENT!

oopsie lol

[The Nature Boy 4,224]

if he was stone sober or passed out, the gun was accessible to a four year old. the four year old is dead.

as the result of a criminal drug dealing thief., not a legal gun owner

[decocker 7,198]

as the result of a criminal drug dealing thief., not a legal gun owner

as the result of a gun being left unsecured (a misstep that affects criminals and legal gun owners and unsuspecting four year olds alike).