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HotRails
05-19-2008, 6:06 PM
Hi everyone,

New to the forum and I think you guys have a pretty good thing going here. My first question is regarding civil liability of stolen guns. A couple of people have mentioned to me that the registered owner of a gun is liable for crimes commited with a stolen gun.

Is there any truth to this or is this just a distorted rumour. Was wondering if some of the legaly informed could chime in here.

I apologize if this topic has already been covered here.

Cheers!
HR

bwiese
05-19-2008, 6:23 PM
I believe it's distorted rumor - as long as you were transporting legally/correctly, or it was stored in your home and no one had access without breaking in.

Remember, you can sue anyone for anything.

John117
05-19-2008, 6:37 PM
I was just studying this and here is my understanding -

If you keep your gun locked and can prove it in the event it is stolen and used for a crime w/in a school zone you have nothing to worry about.

If someone steals your gun and commits a crime w/in a school zone and it's not locked or stored in a locked container, you can be held liable for a misdemeanor offense.

Outside of that I am uncertain.

But now I'm wondering... What if someone steals my kitchen knife and stabs a kid at the school down the street?!?! (Sarcasm)


Those who have a better understnding please school away

duenor
05-19-2008, 6:49 PM
Two guns were stolen from my house in 2005 (10/22 and registered AR15). Two months ago I asked a friendly LEO to run the AR's serial for me. He said that it didn't even show up in the database. I freaked out... thought maybe it was never reported.

Turns out that in two years the list gets purged.

sigh* i guess ill never get it back.

Silverback
05-20-2008, 3:19 AM
Hi everyone,

A couple of people have mentioned to me that the registered owner of a gun is liable for crimes commited with a stolen gun.

HR

Could this have been what they were thinking of?

Am I required by law to store my firearms where children cannot access them?

Yes. In most cases, if you keep any loaded firearm within any premise which is under your custody or control and know or reasonably should know that a child (person under 18 years of age) is likely to gain access to the firearm, you may be guilty of a felony if a child gains access to that firearm and thereby causes death or injury to any person unless the firearm was in a secure locked container or locked with a locking device that rendered it inoperable.

(PC Section 12035-12036)

geeknow
05-20-2008, 6:02 AM
I used to live in a large apartment complex. one day, my .380 dissapeared. It was kept in a locked container under my bed (what can i say, it promotes a good nights sleep). my guess is that one of the maintenance guys (who were always coming in w/o notice, "to fix stuff") nabbed it. I went down to the local PD, reported it stolen, explained the circumstances, and received a lecture from an incredulous desk sarge about "always knowing where your gun is". sheesh, you'd a thunk i pooped in his coffee. i could not help but mention that were it on my hip at all times, which i preferred, it would be a lot easier (he missed the point). In any case, i received a report from them, which was forwarded to the (then) ATF, the gun was un regestered (probably a better term, but it escapes me), and I was on my way. I have since bolted my pistol safe to the nightstand. So if you see a maintenance guy carrying a nightstand around, be careful. he may be armed:D!