Gun owner may be held responsible for shooting of girl

Discussion in 'Legal & Political Archive' started by ATCclears, Nov 26, 2012.

  1. ATCclears

    ATCclears
    Seattle area, WA
    Well-Known Member

    Messages:
    3,283
    Likes Received:
    5,061
  2. Boomerang

    Boomerang
    Portland area
    Active Member

    Messages:
    317
    Likes Received:
    205
    I don't know how I feel about this. I will say that's one irresponsible gun owner though.
     
  3. Blitzkrieg

    Blitzkrieg
    WA
    Well-Known Member

    Messages:
    9,674
    Likes Received:
    4,873
    I see a case for criminal negligence
     
  4. hermannr

    hermannr
    Okanogan Highlands
    Well-Known Member

    Messages:
    1,830
    Likes Received:
    873
    You are irresponsible, and responsible, when someone steals your gun and then it is used in a crime or accidentally injures someone else????

    Do you really believe that. Is that what you want our laws to show, you are responsible for someone elses actions????
     
  5. Blitzkrieg

    Blitzkrieg
    WA
    Well-Known Member

    Messages:
    9,674
    Likes Received:
    4,873
    Yes, it's called being an accomplice to a crime via negligence
     
  6. hermannr

    hermannr
    Okanogan Highlands
    Well-Known Member

    Messages:
    1,830
    Likes Received:
    873
    Not. Better go to RCW 9A.8.010 and see if you can find something like that, that fits this situation.
     
  7. Blitzkrieg

    Blitzkrieg
    WA
    Well-Known Member

    Messages:
    9,674
    Likes Received:
    4,873
    I'm not talking statutes, just common sense
     
  8. Boomerang

    Boomerang
    Portland area
    Active Member

    Messages:
    317
    Likes Received:
    205
    That's not what I said. I'm not sure exactly how I feel about this. On one hand, you shouldn't be responsible for someone else's actions, but on the other hand, you shouldn't leave a loaded firearm where some kid can find it and take it to school.
     
  9. John H

    John H
    Whatcom County
    Well-Known Member

    Messages:
    793
    Likes Received:
    491
    So this guy is charged with assault when not even there but yet the cop goes free again.:thumbdown:
     
  10. chemist

    chemist
    Beaverton OR
    Well-Known Member

    Messages:
    1,620
    Likes Received:
    652
    The issue is that it's a kid that picked up an unsecured gun inside a house where he was entitled to be.
    If the kid had shot himself with the gun, wouldn't the boyfriend be held responsible, both criminally and at civil trial? How is it different when the kid shoots somebody else?
     
  11. hermannr

    hermannr
    Okanogan Highlands
    Well-Known Member

    Messages:
    1,830
    Likes Received:
    873
    Actually this guy is appealing the possible charge...the county charged him, his lawyer says, you can't do that; and appealed to the appeals court.

    We are not in real trouble yet, the appeals court has not ruled he can even be charged with assault. This is one of the reasons it is very important who we elect to the courts...
     
  12. hermannr

    hermannr
    Okanogan Highlands
    Well-Known Member

    Messages:
    1,830
    Likes Received:
    873
    You do not actually want this guy to be charged with assault, or the cop to be convicted...neither is good for anyone.
     
  13. Flyingswords

    Flyingswords
    Texas
    Active Member

    Messages:
    234
    Likes Received:
    63
    Assault, hell no!

    Criminal negligence is what he should be charged with. The little punk who had the gun should be charged with assault.
     
  14. parallax

    parallax
    eugene, or-gun
    Well-Known Member

    Messages:
    863
    Likes Received:
    650
    kinda creepy to think that when I leave my house, and hypothetically, a single or group of teenagers breaks in, somehow gets my guns, and then i am possibly liable for there actions? not exactly like this story,"as the boyfriend should have had that weapon locked down" but brings up the question of liability of someone elses actions, after they have broken into my house. this is one of a long list of fears i have,:paranoid: its not so much the loss of firearms, as the concern of what the people that took them are doing with them. also makes me wonder about the liability,if someone steals my car or truck, then goes out playing bumper cars with people on the freeway. does anyone in Oregon know the liabilty of such senario? has anyone had there gun or car stolen, then were liable for it afterward, in oregon?
     
  15. ZigZagZeke

    ZigZagZeke
    Eugene
    Curmudgeon Silver Supporter 2015 Volunteer

    Messages:
    3,185
    Likes Received:
    5,159
    I haven't seen anything about whether the gun was secured or not. If the owner took reasonable precautions, like locking the gun in a safe and carrying the only key in his person, and the kid then somehow got access, then I would think he has no liability. If he left it on the kitchen table then he shares responsibility because he was negligent. That's why, believe it or not I like having a statute covering reasonable security. Once I've satisfied the statute I can't be held liable, and most statutes I've seen fall short of the standards I set for myself.
     
  16. parallax

    parallax
    eugene, or-gun
    Well-Known Member

    Messages:
    863
    Likes Received:
    650
    it usually comes down to ,if the D.A. wants to pursue a criminal charge against the boyfriend. If it goes to trial, regardless of if the gun was secured or not, the boyfriend is going to take an extreme financial toll and emotional toll. Thats what sucks about the legal system. If a D.A. wants to pursue something, the D.A. has no financial loss and and has an unlimited amount of taxpayer dollars at his/her whim., but the accused gets destroyed financially.gulty,until proven innocent.
     
  17. nwdrifter

    nwdrifter
    troutdale oregon
    Active Member

    Messages:
    315
    Likes Received:
    144
    too any of you that think he should be prosecuted, i have questions

    if some drunk steals your car and kills someone with it, i hope the DA comes after you for murder and negligence for leaving the keys in your car.

    Ok maybe you forgot to shut your gate, your small dog got out and ran up to a little girl to get petted. Not biting just wants to be petted. Problem is the girl is allergic to dogs and goes into anaphylactic shock and dies. Now your a murderer because you were negligent not shutting the gate.

    maybe your kid grow up to be bad and at the age of 17 robbed a store and shot someone. now your being held for murder because you were negligent and did not throw the ball with him enough and he grow up bad.

    people are not responcable for other peoples stupidity, even kids.

    we sure need a good cleansing in this country
     
  18. DuneHopper

    DuneHopper
    Unity = Strength
    Never Surrender The Fight Bronze Supporter

    Messages:
    2,926
    Likes Received:
    6,193
    The law puts the burden on proof in a case like this on the defendant ( gun owner ).
    However if the gun was stored in a locked residence there is no other security needed and that is considered safe and only slight care is needed by locking the door.

    If the person had access to the residence then the gun must be secure great care is needed to secure the gun.

    The judge or jury may look at it as if :
    If you knew the child or any child had access to the weapon whether it was stolen is not relevant great care must be used.
    It would be like leaving it in your unlocked car or on your porch and it was stolen.

    It is a sad case but is why people having guns need to control access !
     
  19. MountainBear

    MountainBear
    Sweet Home, OR
    Well-Known Member

    Messages:
    3,955
    Likes Received:
    3,459
    The key issue is that the gun was taken by a child. Since that child cannot generally be held completely responsible for his actions in our society, someone needs to get burned for this. If another adult had broken into the home or otherwise taken the gun without the owners permission, then I would say that person needs to be held responsible for their own actions. However, considering the gun was taken by a youth that lived in the house with the adult and the adult did not properly secure his gun, then at the very least he is guilty of criminal negligence.



    According to the definitions in the Washington statutes, this gentleman should be culpable.
     

Share This Page