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Why shouldn't you be held under strict liability for anything that happens using your gun? It is a tool for killing. If it is used to kill someone because you d
by balabaster 8y ago
Why shouldn't you be held under strict liability for anything that happens using your gun? It is a tool for killing. If it is used to kill someone because you didn't store it responsibly, it was stolen and you didn't report it stolen, why exactly shouldn't you be held accountable for your part in that? You were accessory to a crime by your negligence to store your weapon responsibly.
I also didn't say you shouldn't fear gun registries being a precursor to confiscation. I suggested that the spoken intent is to hold gun owners to a higher standard of care of their weapons. I totally understand that there may be unspoken intent to use it as a precursor to confiscation, and while I don't believe this to be so, you're right to be wary of this. But frankly I think too many gun owners are criminally complacent about ownership and storage of their weapons.
A gun is serious, it should be treated as such. Store it safely and properly, if you don't store it safely and properly and you're caught in that position (i.e. by having it stolen, not reporting it as stolen and used in a crime), then you should be at least be charged for negligence. I don't think there's anything wrong with this - a gun kills. I don't care how you want to spin "guns don't kill people, people kill people," a gun is a weapon that is designed to kill, or at the very least used as a threat to kill. It should always be treated as such.
I don't criminalize people for ownership or having their property stolen. If you can prove it was stored responsibly and your legally approved gun safe was forcefully broken into and your weapon stolen and you reported it as stolen at the time you discovered it, you have absolved yourself of the responsibility of its use in a crime. You have acted responsibly. No charges should be laid against you.
If it was laying around on your night stand and an opportunist kid broke into your house and stole it, loaded and ready to kill, you didn't report it stolen, and it falls into the hands of someone who uses it in a crime, guess what? You're responsible for contributing to that and should be held accountable for your part in that to some appropriate degree. That degree in my mind is at least criminal negligence, in the same way as letting your baby die in the back of a car on a hot day because you forgot about them or getting into a car accident and killing someone because you were texting and not paying attention. What about how bar tenders can be charged for over-serving someone alcohol who then gets into a car and kills someone because they're driving over the legal blood alcohol limit? Your action, or inaction contributed to your weapon being used in a crime. You can argue that if it wasn't your gun, it would've been someone else's all you like. The fact is, it wasn't someone else's, it was yours. If it was someone else's, they would be charged with the same thing you were if they'd acted with the same negligence you did.
If you have a gun, it is your responsibly to store it safely, treat it with the gravity it's warranted. If it is stolen, report it as such. Be a responsible gun owner. If everyone treated their weapons with this amount of care, nobody would be screaming for gun registries.