Storing firearms when not at home

[Fate]

IMO if I were on a jury and I had each of the circumstances you described I would find her completely negligent.

Then you would be ignoring the law (if someone unlawfully gained access to home/firearms.) You can be charged only if a minor (who is legally on the premises) takes the firearm into public or hurts themselves or others. Criminal or even adult family member who gains access cannot reflect back on owner according to the penal code.

Bottom line, the non-gun sister isn't going to mess with them anyhow. It's smart to lock them up when you're not home, but not illegal to leave them unlocked.

[bruceflinch]

Nightmare scenarios....
1) Coming home to a burglary in progress and facing down the barrel of your own gun.
2) Visitor to the home getting hurt while handling unlocked gun.

solutions:
Gun safe
quick release rack
minimum - trigger lock

She's totally liable for most scenarios.

^THIS!

[bruceflinch]

Is your Sister Hot and Single?

DiscoBayJoe is a leg humper...

[Skidmark]

Please don't ever try to teach someone a "lesson" by aiming an unloaded firearm at them. It all too likely could result in tragedy. Talk through the issues in an open and frank manner, and if the situation cannot be improved, make other arrangements.

[bsg]

yes Skidmark you are absolutely on the money....

[Kerplow]

Please don't ever try to teach someone a "lesson" by aiming an unloaded firearm at them. It all too likely could result in tragedy. Talk through the issues in an open and frank manner, and if the situation cannot be improved, make other arrangements.

word up to that.

i would be completely pissed if anyone pointed a gun at me and acted like an intruder.

[Rob454]

Then you would be ignoring the law (if someone unlawfully gained access to home/firearms.) You can be charged only if a minor (who is legally on the premises) takes the firearm into public or hurts themselves or others. Criminal or even adult family member who gains access cannot reflect back on owner according to the penal code.

Bottom line, the non-gun sister isn't going to mess with them anyhow. It's smart to lock them up when you're not home, but not illegal to leave them unlocked.

Fine. you can argue the finer points of gun ownership and responsible gun owner in a court of law. People sue over the most menial things. Even IF you win there will still be court costs and tons of money paid. And with the liberal justice system if you have anything close to resembling a savings account it may be awarded to the plaintiff. Easier for me to lock it up when Im not home

[Sinixstar]

I'm just wondering If I'm totally off on the stroing of firearms when not at home.

My sister keep a shotgun with shells in the tube by her bed and a handgun in her nightstand. I have no issue with this when she is home but she keeps them out 24/7. She is gone for the weekend and my little sister is staying at her place. She has no firearms experience and it worries me that the guns are not at the bare minimum locked with a cable lock.

I think having the guns always unlocked is a very bad idea. If someone were to break in when she was not home, she would be arming the intruder. She also lives next to a school and I worry about kids screwing around and breaking in. Would she be liable if one of them got hurt if the played/used the firearm?

What do you guys think.

Thanks,

1) How old is the little sister? If you're that concerned about it - go over there and check on her - unload/move the guns. Sister might get pissed - but, that's her problem.

2) As far as a minor breaking in and hurting/killing themselves (or someone else) - yes, she would be legally liable. If the guns are locked up with a CADOJ approved device, and someone breaks in and something happens - Sister is not responsible. There is no legal requirement to store guns in a locked container. However - you do take on legal liability if you choose not to.

[SDI]

1) How old is the little sister? If you're that concerned about it - go over there and check on her - unload/move the guns. Sister might get pissed - but, that's her problem.

2) As far as a minor breaking in and hurting/killing themselves (or someone else) - yes, she would be legally liable. If the guns are locked up with a CADOJ approved device, and someone breaks in and something happens - Sister is not responsible. There is no legal requirement to store guns in a locked container. However - you do take on legal liability if you choose not to.

No you are not liable if someone breaks into your house and steals a gun (loaded or not) and then hurts someone. Please stop spreading FUD.

[8bitnintendo]

If you and your sister both own guns and your younger sister is likely to be around them, it is a good responsible older sibling act to teach her the minimum necessary to be safe around firearms. Even if she is completely disinterested, at least having the "this firearm is condition X, which means... so please don't touch it" conversation would be a minimum safety standard. I do this whenever I have guests over. Gun-owning guests generally thank me for the information, non-gun-owning guests tend to look at me like I'm crazy and say, "Well I wasn't going to touch it..." but I'm happier having them think I'm crazy than risk a ND.

In the case of kids breaking in, your sister would not be liable per California Penal Code 12035:

(b)(1) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the second degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of Section 417.
(c) Subdivision (b) shall not apply whenever any of the following occurs:
(1) The child obtains the firearm as a result of an illegal entry to any premises by any person.

Naturally she could still be sued for civil damages, but the plaintiffs would likely lose.

[xlimey]

Thanks guys for taking the time to read and respond. I agree 100% but my arguments fall on def ears....

Get your Sister to read the responses you will receive here. If there is still no recognition on her part of how dangerous and foolhardy her attitude to gun storage in her absence is - I guess you will have to accept that "You can't fix "stupid"..."

[Sinixstar]

No you are not liable if someone breaks into your house and steals a gun (loaded or not) and then hurts someone. Please stop spreading FUD.

It was in the HSC study guide I read through, and was a question on the HSC test I took. Got a problem with that - take it up with the DOJ.