[Mello2u]

MLeake

We are discussing multiple issues here.

One issue is responsible handling and storage of firearms. I agree that in cases where there is any likelihood of unsafe persons (kids, mental incompetents, etc), the best practice is to lock up firearms. As I noted earlier, I secure my own.

Another issue is one of legal liability. While I do think the responsible thing to do is to keep one's firearms out of the hands of the unsafe, I don't think legal liability should attach for the actions of people who are not members of the household, period.

Firearms generate an emotional response, particularly from antis, and I understand that. Logically, however, if a kid wanders into my barn, grabs a pitchfork, axe, or chainsaw and then hurts another kid with it, should I expect a horde of accusers to scream at me for not locking up my pitchfork, axe, or chainsaw?

Should I expect to be held morally and legally liable if a family member's guest steals the keys to my truck from the kitchen counter, then steals my truck and has an accident?

If the answers to the above two questions were "no," then please explain the legal/moral difference with regard to firearms.

As a practical matter, it's safest to lock them up. As a legal matter, this should not be mandated, nor should the failure to lock up guns be any more criminal than the failure to lock up car keys, kitchen knives, or liquor cabinets.

To your list you might add prescription drugs (usually in a bathroom cabinet) and household chemicals (usually under the kitchen sink).

Some states have legal decisions which use a balancing test, the cost and effort to secure the item versus the amount of damage that could be done if the item were misused. Where the effort and cost is small in relation to the amount of potential harm, states tend to hold a person negligent (lack of reasonable care) if some damage is done and they did not secure the item that was misused by a third party.

As the scales tend to balance, the courts less often find negligence.

I remember tanking the car keys when no adult was around, my brothers and sister were someplace else too, going out to the car which was in the back of the house; and driving it forward and backwards about 10 times. All of about 25 feet in each direction. I doubt I exceeded 3 miles per hour. I was 13. Got my Louisiana driver's license at age 15.