Leaving gun in car - liability issue?

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johntaylorny

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I sometimes leave my handgun in the car. It fits perfect in my center console. If I run into a place where I know they don't like guns or where guns aren't permitted I leave it in the console and close the top of the console so no one can see it.

If I lock the car, roll up the windows, and someone breaks into my car and steals the gun, can I be held liable in anyway if they commit a crime or shoot themsevles?

I guess what I'm asking is if leaving a gun in a locked car considered secure enough?
 
If you're comfortable with it in there, and you report the theft to the police, you should be insulated against liabilty.

Leaving a weapon outside of a safe, or not securely on my person would drive me to distraction, I fall into the category of "plan the route far enough ahead and leave the gun at home" But sometimes you have to make do with the situation.

Fully inside the console sounds like a better plan than in the glove box, just don't trigger any airbags trying to get to it again
 
I wouldn't think it's a problem, if you did what you did. Same thing, if you leave your gun at home, lock all doors and windows and go to work. Crooks break in, steal your gun, and commit a crime with it. Will you be held liable? I don't think so, imho.
 
As long as it's legal in your State for you to have a gun in your locked, unattended car, you're OK.
 
Legally you may be OK, but what about morally?

Part of responsible gun ownership is taking every precaution possible to ensure that it does not fall into the wrong hands.

This is not always the same as the most convenient route.
 
I don't believe you have a moral or legal problem leaving a gun in a locked car. I do it frequently. What am I supposed to do with a gun when I go into a courthouse? I also do not feel you are under and responsibility to have a lock box or any such container for a firearm in your car unless it is a kids issue for you personally.

As far as I'm concerened, You don't even have to lock your vehicle if you don't want to-gun or no gun. But when you loose something valuable, don't whine. It's gone. Report it stolen and buy another one.
 
I often leave my gun LOCKED in my car, key word. I have another car that the doors don't lock on and it has a soft top, I won't leave a gun in that car. I too leave it in the center console, out of sight of anyone passing by. With the laws the way they are that's just what you have to do sometimes.
 
I have gravity outside my 4th story window. If someone breaks in and jumps/falls out am I liable? After all, I KNEW the dangers right?
 
Don't let them get stolen. That is way bad juju, and one of the reasons I would think it necessary to NOT be legally required to disarm yourself before going to certain places, because THAT TYPE OF THING is what would cause it to happen..
 
I do the same as the OP all the time when I decide to open carry.

In this state (Washington State) I unload it when I do that, because I am not in the car with it. The CPL laws specify that only CPL holders can have loaded weapons in vehicles.

I only do this if I'm ducking into a place that doesn't want or like an open carried weapon. Usually it's just a gas station visit or something like that.

Someone could break into my truck and kill someone with the crowbar I keep in there, too.
 
Don't get too comfortable leaving stuff in your car. My truck was recently broken into (older vehicle, only visible thing of value was a rusty old toolbox given to me by my dad) and whoever did it went through everything...they would have certainly found a gun had it been in there. I always bring my gun in with me whenever possible (I know it is unavoidable sometimes), but I have friends who have dedicated "truck guns" and no reservations about leaving them in locked vehicles. Breaking into a car is as easy as breaking a window.

If I have to leave my gun in the car unattended, I remove the magazine and bring it with me.

I am not trying to persuade you one way or the other, just saying to be aware that leaving stuff in your car ain't the best alternative.
 
When I leave a gun in a car, usually I put it in the trunk then lock the trunk with my key turning the key a quarter turn counter clockwise. That disables the cable that allows you to open the trunk from the driver's seat using that lever on the left. That way if someone wants to steal my gun they either have to steal the whole car or force open the trunk. Most criminals don't want to do that.

I call that double-locking my trunk.
 
Don't get too comfortable leaving stuff in your car. My truck was recently broken into (older vehicle, only visible thing of value was a rusty old toolbox given to me by my dad) and whoever did it went through everything...they would have certainly found a gun had it been in there. I always bring my gun in with me whenever possible (I know it is unavoidable sometimes), but I have friends who have dedicated "truck guns" and no reservations about leaving them in locked vehicles. Breaking into a car is as easy as breaking a window.

If I have to leave my gun in the car unattended, I remove the magazine and bring it with me.

I am not trying to persuade you one way or the other, just saying to be aware that leaving stuff in your car ain't the best alternative.

I'm in agreement with you. I don't leave firearms in my truck for long periods, or "truck guns" or anything like that. That's just what I do if that situation comes up.
 
Nobody can answer your question. It's up to a jury to decide whether the precautions you took were "reasonable." You will sort of start out with two strikes against you, because in order for a case to actually get started, your precautions will not have succeeded in preventing harm. The jury, which will have the opportunity to be generous with your money, or your insurance company's, may incline toward finding liability. So the answer depends on the judgment of people who haven't been selected yet. As it happens, I think what you're doing is fine and I do the same thing myself from time to time. But I'm not going to be on your jury, and neither are any of the other people who will give you a flat opinion one way or the other.
 
Quote:
Part of responsible gun ownership is taking every reasonable precaution possible


There, fixed that for you.

I'm not so sure.

The fact that the OP suspects that his gun might be stolen sounds to me like already knows leaving it in the car is an iffy idea. If he leaves it anyhow and it does get stolen has he taken every precaution, reasonable or otherwise?
 
I think what you describe is certainly reasonable, but the criminals are anything but. I still prefer some kind of additional means to secure my gun when I need to leave it in a vehicle. It's not about the liability for me, but to keeps guns out of the wrong hands. Every time that happens it reflects negatively on gun ownership.
 
Part of responsible gun ownership is taking every precaution possible to ensure that it does not fall into the wrong hands.

Part of responsible gun ownership is taking every reasonable precaution possible


There, fixed that for you.

I'm not so sure.

The fact that the OP suspects that his gun might be stolen sounds to me like already knows leaving it in the car is an iffy idea. If he leaves it anyhow and it does get stolen has he taken every precaution, reasonable or otherwise?

Anything you own has a chance of being stolen, whether it is on your person, in your car, or in your home, locked up or otherwise. There is no way any gun owner can be responsible and moral by your definition because there are no gun owners that can take every precaution possible. I know you haven't. Besides that, there are a whole list of possible precautions that in and of themselves may not be "moral" although they would be precautions against theft.

The fact that the OP suspects his gun could be stolen from his car no more indicates that leaving a gun in his car is iffy anymore than people expressing concern about home invasions even though they live some place with low crime. Bad things can happen, whether you have thought about them or not.
 
Here in RI

The law explicitly states that if someone commits a crime to gain posession of your firearm, you are held harmless under the law from any crime they commit with the firearm.
 
My firearms are always with me or in the safe. I am opposed to the idea of a “truck gun”. Buying a gun so you can leave where it could get stolen without worrying about it does not make sense. IMO, it is also morally irresponsible..
 
I guess my thinking is if you're worried about your gun being stolen from your car don't leave it there in the first place.

I realize I'm picking nits here, but I take gun responsiblity real seriously and I guess I want everyone else to do the same.

Maybe you could bolt a gun safe under the seat... ;)
 
The question is about liability, not woulda/coulda/shoulda against theft.
Art,I think there is a correlation between the two topics. Obviously if your truck gun isn't stolen there would be no liability concern.
 
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