Gun found in car
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Re: Gun found in car
INAL, so I won't/can't answer your question about liability regarding a minor taking your gun from your car. On leaving a gun in the car, though, I am one of the minority, I guess, on this forum that leaves a gun covered in the door pocket whenever I park and enter an off-limits building, such as a posted hospital or a post office (I know about the parking lot::hush). Once, I told a valet parking guy about the gun so that he would lock the car and know that I would be checking to see that the gun is still there later. Don't have a safe. Don't want one. To each his own. I guess we all agree that locking anything in the glove box is useless?
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Re: Gun found in car
I don't know if leaving a gun unsecured in a car you know will be out of your control in a dealership can make you liable for whatever happens with it.
However,
If there are any laws that could be applied and if I were on the jury, I know how I would feel about someone who didn't even bother to put a loaded gun in a tethered lock box during vehicle service knowing just any yahoo could pick it up--possibly even a minor. He should have known better after all. He frequents forums like this and has a CHL. Gun safety is supposed to be something he takes seriously. Some idiot at the dealership sees the gun and on impulse picks it up and an innocent person dies who happened to be standing in the wrong place when it just "went off". Is the guy who picked up the gun responsible for his actions? Of course. Is the guy who made no effort to keep the gun out of his hands responsible? I'd have to say Yes to some degree he is. If it was my loved one who died in that scenario, I sure would want to include the gun owner on my list of people to hold responsible.
It would be a whole other thing if the gun was in a good lock box tethered with a good cable in the locked trunk. The guy who cut the cable, pried open the box, and then shot somebody would be far more clearly at fault then and no random kid checking out cars in the garage could get to it. I know some will not agree with that, but it is my opinion. And why would we want to take the chance on the loss of life, or the bad press for the right to bear arms? Our foes just love to hear about gun owners who do stuff like this.
However,
If there are any laws that could be applied and if I were on the jury, I know how I would feel about someone who didn't even bother to put a loaded gun in a tethered lock box during vehicle service knowing just any yahoo could pick it up--possibly even a minor. He should have known better after all. He frequents forums like this and has a CHL. Gun safety is supposed to be something he takes seriously. Some idiot at the dealership sees the gun and on impulse picks it up and an innocent person dies who happened to be standing in the wrong place when it just "went off". Is the guy who picked up the gun responsible for his actions? Of course. Is the guy who made no effort to keep the gun out of his hands responsible? I'd have to say Yes to some degree he is. If it was my loved one who died in that scenario, I sure would want to include the gun owner on my list of people to hold responsible.
It would be a whole other thing if the gun was in a good lock box tethered with a good cable in the locked trunk. The guy who cut the cable, pried open the box, and then shot somebody would be far more clearly at fault then and no random kid checking out cars in the garage could get to it. I know some will not agree with that, but it is my opinion. And why would we want to take the chance on the loss of life, or the bad press for the right to bear arms? Our foes just love to hear about gun owners who do stuff like this.
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Re: Gun found in car
TexasGal, that is why I've repeated said that it would be foolish not to buy and use a $30-$40 lock box. I have one myself, and I advocate that anyone else should too.
That said, the only time I ever use it is when I go to the Fort Worth gun show, which requires me to not carry my loaded firearm inside. And when I lock it in my car, inside the lock box, nobody else has access to it unless they are breaking into the vehicle. I wouldn't leave the gun in the car at a dealership or other venue, locked up or not. It would be on my person where it belongs.
That said, the only time I ever use it is when I go to the Fort Worth gun show, which requires me to not carry my loaded firearm inside. And when I lock it in my car, inside the lock box, nobody else has access to it unless they are breaking into the vehicle. I wouldn't leave the gun in the car at a dealership or other venue, locked up or not. It would be on my person where it belongs.
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Re: Gun found in car
I have to disagree, you're idea contains lots of hypotheticals that add up, personally I leave my gun in my car only when I am in it, or when I am at work (work at a university), and I never leave my car for an oil change or a car wash, but if someone does leave it in their car, it is up for getting stolen or mishandled but that is the full responsibility of the person who stole it or mishandled it. Access was not given to the cab of the vehicle (minor or not) and if it was for say a vacuuming, permission is implicitly denied in taking or moving any personal objects unless otherwise stated.TexasGal wrote:I don't know if leaving a gun unsecured in a car you know will be out of your control in a dealership can make you liable for whatever happens with it.
However,
If there are any laws that could be applied and if I were on the jury, I know how I would feel about someone who didn't even bother to put a loaded gun in a tethered lock box during vehicle service knowing just any yahoo could pick it up--possibly even a minor. He should have known better after all. He frequents forums like this and has a CHL. Gun safety is supposed to be something he takes seriously. Some idiot at the dealership sees the gun and on impulse picks it up and an innocent person dies who happened to be standing in the wrong place when it just "went off". Is the guy who picked up the gun responsible for his actions? Of course. Is the guy who made no effort to keep the gun out of his hands responsible? I'd have to say Yes to some degree he is. If it was my loved one who died in that scenario, I sure would want to include the gun owner on my list of people to hold responsible.
It would be a whole other thing if the gun was in a good lock box tethered with a good cable in the locked trunk. The guy who cut the cable, pried open the box, and then shot somebody would be far more clearly at fault then and no random kid checking out cars in the garage could get to it. I know some will not agree with that, but it is my opinion. And why would we want to take the chance on the loss of life, or the bad press for the right to bear arms? Our foes just love to hear about gun owners who do stuff like this.
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Re: Gun found in car
I respect your viewpoint. I guess I see a difference between standing on principle and acknowledging stupid people do stupid things and it's my responsibility to consider that when I make the decision to own guns. I have a good lock box that is tethered in my truck. If I am in it, it's open and the gun is readily available. If I have to leave the gun in the vehicle to go into a post office, for example, it is slipped into the box and the lid shut on it. If I have passengers who are young and dumb (or just plain dumb) and are waiting in my truck, I am not in the building wondering if they are taking the opportunity to check out the gun. Yeah, the principle is neither they nor anyone else has any business messing with it, but the reality is that principle will not comfort me when the stuff hits the fan or keep me out of possible legal trouble. We all work out how we will handle gun safety. This is how I worked it out for me. You have worked it out differently. The great thing about forums like this is we all get to consider different sides to things.
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Re: Gun found in car
I will admit there are times, though very few, that I must leave my gun in the car. Maintenance is not one of them. But when I have to, I have a lock box and it always goes in there. I consider myself responsible for my firearm when it is on my person or property, therefore when it is not on me(aside from bedtime) it is locked up.
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Re: Gun found in car
Personally, I just use a mechanic that I trust implicitly. He's a one-man operation, locks the doors every time, keeps any cars not sitting out for after-hours pickup inside the locked shop at night, and his shop is in an area where nobody's going to be "just passing through." If anything, he might to clean and lube the "car gun," then chew me out for not taking better care of it.
Re: Gun found in car
I wouldn't want to leave a wallet with $1000 in my truck at the dealership. Why would I leave my gun?
I probably have left my gun in the glove box for an oil change at least once or twice (my mistake). Carry is preferred in those cases. It may not be good, but I think as the owner, you should have a reasonable expectation that they won't be going through all your possessions and compartments when they have no reason to. The pocket in the door isn't exactly private though. At least at most oil change places, you can watch your vehicle from the lobby. You can't do that at a dealership or shop.
I normally clean out my truck when I have to take it to a dealership or for service.
I probably have left my gun in the glove box for an oil change at least once or twice (my mistake). Carry is preferred in those cases. It may not be good, but I think as the owner, you should have a reasonable expectation that they won't be going through all your possessions and compartments when they have no reason to. The pocket in the door isn't exactly private though. At least at most oil change places, you can watch your vehicle from the lobby. You can't do that at a dealership or shop.
I normally clean out my truck when I have to take it to a dealership or for service.