I'm afraid I agree with Farmerboy Buzzcook. There has to be more to that story.
But to answer the original question, my guess is whomever owns the gun.
If a guy tries to rob you with a gun and the two of you end up wrestling over it, the original robber is at fault.
But if instead you shoot the robber with your own gun and the bullet passes through him and hits someone else. I would think you would be responsible.
NRA Life Member | NRA Certified Pistol, Rifle & Shotgun Instructor | NRA Chief Range Safety Officer
".. a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen..." - Warren v. District of Columbia, 444 A.2d 1 (D.C. App.181)
Last edited by PADefenseTrainer; December 22, 2011 at 06:55 AM.