Interesting News Story

[PRM]

I came across the story linked below. I know anyone can be sued ~ all you need is the price of a lawyer and the filing fees. Doesn't mean it will ever succeed.

The police in this story have apparently told the media that gun owners have a liability for what is done with their firearm if its stolen.

Curious ~ has anybody ever come across where the victim of a crime was liable for what is done with their legally owned stolen property?

http://www.wsmv.com/story/16171518/guns-the-target-of-thieves-in-cookeville

Guns targeted by thieves in Cookeville
Posted: Dec 02, 2011 5:34 AM CST Updated: Dec 02, 2011 6:36 AM CST
Posted by David Weathersby - email

COOKEVILLE, TN (WSMV) -

Cookeville police are warning people not to leave their guns inside their vehicles.

Police report two guns were stolen from unlocked vehicles over the past weekend.

The Cookeville Herald-Citizen said the police called the number of thefts alarming.

Police said if a stolen gun is used to hurt someone, the gun's owner could be held liable.

Copyright 2011 WSMV. All rights reserved.

 

[smalls]

Right... So if my car is stolen, I should pay that ticket when the thief runs a red light, or runs someone over?

 

[Art Eatman]

Absent some specific law requiring safe storage, the police are wrong.

A thief broke into the NRA hq back when it was in WashDC, and then broke into a locked cabinet and stole a handgun which later was used in a crime. The NRA was sued, but was vindicated.

 

[Grey_Mana]

The police are allowed to lie to citizens; that is established case law. I imagine they feel the deterrent effect is in the public interest.

I can imagine an FFL getting sued, or at least losing the license, over such a theft from the store.

If a gun is stolen and used in a crime, I would want the police to investigate whether the gun was actually stolen. If murderer X got the gun from drug dealer Y, and the original owner was drug addict Z, I think the family of victim A have good civil cases against XY & Z.

 

[ForumSurfer]

I can imagine an FFL getting sued, or at least losing the license, over such a theft.

Why? Would someone sue the bullet manufacturer, also? Would someone sue the car lot from where a car was stolen once it is used in a hit and run?

The FFL wouldn't lose the license, nor should it.

 

[Bobson]

Why? Would someone sue the bullet manufacturer, also? Would someone sue the car lot from where a car was stolen once it is used in a hit and run?

Would a customer sue McDonald's because the customer spilled his coffee on his lap?

Yes.

People sue for others for all sorts of ridiculous crap - what's worse is that they sometimes win. I can't say I would be surprised if an FFL lost a license over something like that. That said, I do think it would be total BS if it happened. I wouldn't be surprised though.

 

[ForumSurfer]

People sue for others for all sorts of ridiculous crap -

Agreed. But they need to win, I haven't seen any cases of that happening.

Pawn shops and gun shops get robbed more than you think. One local shop here that I know was liquidated of over 20 guns. I think he should have sued the city because the city ordered him to remove the bars from his doors and windows (a fire code that was adopted aimed at the "city beautification" project that was under way). It took less than a week for someone to break in after he removed the bars.

 

[bergmen]

Lawsuits are filed because of money that can be made. That's it. It doesn't matter what happened to whom, by whom, the smell of money is the instigator plain and simple. The more potential money to be won, the fancier and slicker the lawyers and the harder it is to win against them.

People with little to no assets (or future ability to gain such) or no insurance rarely get sued. Why bother?

Dan

 

[95XL883]

The FFL wouldn't lose the license, nor should it.

I suspect it depends if ATF wants to pull the license. A local gunsmith has told me about a local FFL that lost his license because a gun was stolen. I don't know any particulars and I didn't check his story but he seems like a reasonable guy not prone to exaggeration.

Agreed. But they need to win, I haven't seen any cases of that happening.

The cost of defending a frivolous lawsuit can be quite large. I did a home seller a favor and saved him $10,000 on his sales commission. I was not compensated for this in any way. He is still suing me and just about everybody else (basically he is a nut; no attorney will represent him.) Luckily for me, I'm pigbacking off another defendant and I work for a law firm. Total defense cost for the all the defendants is up to $25,000. We've won every step of the suit, but it's expensive and if he wins he wants $250,000.

 

[armoredman]

Forum surfer, the above related McDonalds case DID happen, and the woman DID win a ridiculous amount of money - this is why all of the Mickey D's coffee cups have embossed warnings on them. It does happen, not as often as some think, but it does happen that stupid wins in court.

 

[ForumSurfer]

Forum surfer, the above related McDonalds case DID happen, and the woman DID win a ridiculous amount of money - this is why all of the Mickey D's coffee cups have embossed warnings on them. It does happen, not as often as some think, but it does happen that stupid wins in court.

Of course frivolous suits happen and they cost not-so-frivolous money.

But with regards to FFL's being sued...I was inquiring to if it has ever happened or if anyone knew of a case where the license had been revoked because guns were stolen. I've seen a few shops that were victims of break-ins and had weapons stolen (one was very large, and at least 20 had been stolen), but none lost their license.

I remember the Mc D's incident well. I almost spilled my coffee when I read it.

 

[tnxdshooter]

Right... So if my car is stolen, I should pay that ticket when the thief runs a red light, or runs someone over?

In TN yup. They have or will be passing a law in that regards this legislative session. If your keys were in the ignition at the time of the theft then yep your liable.

Sent from Droid Incredible on Verizon Wireless

 

[tnxdshooter]

In TN yup. They have or will be passing a law in that regards this legislative session. If your keys were in the ignition at the time of the theft then yep your liable.

Sent from Droid Incredible on Verizon Wireless

Sent from Droid Incredible on Verizon Wireless

 

[Birch Knoll]

A local gunsmith has told me about a local FFL that lost his license because a gun was stolen. I don't know any particulars and I didn't check his story but he seems like a reasonable guy not prone to exaggeration.

He probably didn't lose his license because of the theft, but he could have lost it if he failed to report the theft to ATF as he is required to do. FFLs must account for all the guns logged into their care; if one goes missing, it's a Bad Thing.

 

[1911Jeeper]

If you leave a loaded firearm in an unlocked vehicle, I would consider that negligence on your part, and would not be surprised if you were charged with improper storage of a firearm, or were the subject of a civil lawsuit.

 

[BlackEagle]

"I remember the Mc D's incident well. I almost spilled my coffee when I read it."
Did you think about suing the news media for causing you to almost burn yourself?

 

[MedWheeler]

A suit is pending here locally which names a sheriff's deputy as a defendant in just such a case. In 2005, a 19-year old man shot his friend in the head during a game of horseplay with a Colt Mustang .380 pistol he had stolen from a marked patrol cruiser in his neighborhood. The shooter, now imprisoned, had removed the magazine from the gun, but lacked the knowledge that the gun would still have (and fire) one remaining round. The deputy insists his cruiser was locked at the time of the vehicle burglary/theft.

 

[Owen Sparks]

Are liquor stores held liable when people drive drunk? What about drug companies when people steal their products and misuse them?

 

[armoredman]

Liquor stores, generally not, to the best of my knowledge, but bartenders can be held liable in some locales.

 

[bikemutt]

Ironic how many public parking lots I see with "Do Not Leave Valuables in Vehicle" signs, these lots serving establishments where even permitted concealed carry is unlawful. Damned it you do, damned if you don't.

 

[Art Eatman]

Hokay, enough anecdotes for a Friday.