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  • A federal agent might have been negligent in leaving his loaded gun in his car, the Ninth Circuit says, but that doesn't mean he was the proximate cause of death when the gun was stolen and then subsequently used in an unrelated shooting.
"A gun was stolen from the ranger's parked car. Four days later, Ms. Steinle was shot and killed while walking on Pier 41 in San Francisco when Juan Francisco Lopez found the pistol and fired it. Plaintiffs alleged that the ranger was negligent in failing to store or secure his firearm properly and in leaving it loaded, in an unattended vehicle in an urban location where the firearm could be stolen readily"

"The panel affirmed the district court's summary judgment on the ground that the ranger's conduct was not the proximate cause of Ms. Steinle's death. Applying California law..."
"The panel did not reach the question whether the ranger owed a duty of care to Ms. Steinle."


The theft, breaking into the car, was 4 days prior to the shooting.


"In sum, we conclude that Woychowski's storage of the pistol was too tenuously connected to Ms. Steinle's death for the proximate cause element to be satisfied. AFFIRMED."

JAMES STEINLE, individually and as heir to Kathryn Steinle, deceased; ELIZABETH SULLIVAN, individually and as heir to Kathryn Steinle, deceased
CITY AND COUNTY OF SAN FRANCISCO, a government entity; JUAN FRANCISCO LOPEZSANCHEZ; ROSS MIRKARIMI, Defendants.
 
I'm surprised they're not blaming the federal agent for having his car broken into... because he left his vehicle unattended in an urban location.

Put another way:
If the scum stole the agent's car, and then ran over someone and killed them with it... would the agent be liable?

-Robert
 
I'm surprised they're not blaming the federal agent for having his car broken into... because he left his vehicle unattended in an urban location.

Put another way:
If the scum stole the agent's car, and then ran over someone and killed them with it... would the agent be liable?

-Robert
That was definitely what the STEINLE family claimed.

I guess one question is the amount of time passed. If the thief had killed someone within a few hours, would that have made a difference?
 
This is every anti-gunners dream. Name any other crime victim thats charged with the actions of the person who committed the crime.
 
Its real. Cant remember the bill number but it passed.
Theres an out if you report it stolen within so many days your no longer liable.... (Alledgedly)

... there should never be -any- liability for the actions of others.
 
If it were a non-leo the person who it was stolen from would be crucified if the powers that be had their way... and from what I jut read they might soon at that.
 
I think leaving a gun in a car is dumb. You are a victim of your own foolishness when it is stolen.

What happened to personal responsibility?
 
What if youre leaving youre gun in the car because you HAVE to because you have to go into a federal, state, or otherwise non permissive building/place
 
Cable lock, CCW, hotel safe, under the spare tire, under the hood.

A car is nothing more than a glass display case on wheels.
Certainly its smart to add a layer to your security, but its worth noting the car itself is more secure than a cable lock or the majority of those california approved cable lock boxes.
At the end of the day what someone keeps in their vehicle is their personal business and has -zero- merit on whos responsible for them being the victim of a crime.
Prosecute the criminal not the victim.
 
Certainly its smart to add a layer to your security, but its worth noting the car itself is more secure than a cable lock or the majority of those california approved cable lock boxes.
At the end of the day what someone keeps in their vehicle is their personal business and has -zero- merit on whos responsible for them being the victim of a crime.
Prosecute the criminal not the victim.
Then don't use a stupid CA lock box. Put a bike cable or U-lock through the trigger guard of your pistol or rifle.

And that will take a lot more to get into than the rock required to open a car.

If you do the right thing no one is going to have to write a law to punish irresponsibility.
 
thinking about this for half a second... how the crap would anyone know your gun wasnt locked unless you told them? another prime example of "dont talk to the police." to comply with the reporting requirement, id report it was stolen, and refuse to make further statement or answer any questions.

also.. seems the requirement to report and the right against self incrimination are at odds on this one... probs dont pass the constitutionality test. if my gun wasnt locked, id be self incriminating if i reported it was stolen ... which im not required to do.. soooooo
 

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