The Unintended Consequences Of Gun Control

[Rich-D]

There is some good Pro Gun ammunition in this GOA Article: http://gunowners.org/sk0406.htm


Rich

[Frank]

I am very troubled by the way the GOA misrepresents California law here. I really don't want to defend California law, the the fact is that it is not what the GOA claims it is.

I believe that the RKBA has facts on its side. But when we exaggerate for dramatic effect, we open ourselves up to criticism and, most importantly, impair our credibility.

California law does not required that guns be locked up. California law provides that if one leaves a loaded gun where a minor can gain access, and the minor does so and hurts someone, the gun owner may be charged with a felony. Indeed in most states, if a gun owner doesn't take appropriate precautions to prevent unauthorized access to his gun, he could be at least civilly liable for damaged done by someone who gains unauthorized access.

There are ways to limit unauthorized access to a gun without preventing prompt access when needed. My wife and I have a number of lock boxes in various places around the house. These boxes have touch key combination locks that may be operated quickly, without looking. My wife and I have the combination, and we can supply the combination to anyone we might trust to have access to our guns. At the same time, we are adequately preventing unauthorized access.

The Merced case was a very sad case. It's especially sad since the parents could have reasonably permitted a mature, qualified and trusted child access to the gun (by giving him or her a key or, preferably, the combination to a lock box or similar set up). Of course the parents could have been exposed to liability if the child misused the gun, but it would in any case be up to the parents to properly assess the qualifications and trustworthiness of the child.

And of course, Mr. Parker did not violate California law so it is fatuous to argue that, "...because Mr. Parker had not obeyed California law, ... he survived the attack..."

[Rich-D]

Frank, Thanks for the knowledgable clarification!

Rich

[kenhwind]

Signs in big letters here in Florida about leaving a firearm "within easy access by a minor"
"Safe storage of firearms required"
www.flsenate.gov/Statutes/index.cfm App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC174.HTM&Title=->2008->Ch0790->Section%20174#0790.174
To much to try and brief.
GOA does gat a little one sided though on some of the issues.

[Frank]

The thing about the Florida law is that it includes some helpful qualifications: "A person who stores or leaves,... a loaded firearm, ... and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent .. shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure..."(emphasis added)

So what one must protect against is access to the gun without a parent's permission, and one must do so in a manner that a reasonable person would believe to be secure. That's basically a negligence standard, and really would apply pretty much anywhere, at least as far as civil liability is concerned, even in absence of a statute.

In any case, it would not prevent a parent from allowing a mature, qualified and trusted child access to the gun.

[kenhwind]

Right, if some punks break in you are not libel, but if you go to the refrig for a cold drink and some child shoots another because you left your blaster on the coffee table, well then you are in trouble.
I assume a gun cabinet with a glass window that is locked is OK.
Yes if your children were raised to know better, then yes if you weren't home a responsible minor, not a child could have access if they were trusted.
The law was passed after an incident where someone shot someone else, the law has been on the books for quite a few years.

[Rich-D]

Frank... Again, I thank you for the clarification. Florida Law appears to be reasonable in it application on the issue.

Rich

[kenhwind]

This is what is posted in the gun stores:

"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND."

[d90king]

Kinda funny how common sense should apply with no need for a "law"..... My children are the most important part of my life, as a parent I find that this falls under just simple parenting... ;)

[denton]

Los Angeles riots -- USA Today reported that many of the people rushing to gun stores during the 1992 riots were "lifelong gun-control advocates, running to buy an item they thought they'd never need." Ironically, they were outraged to discover they had to wait 15 days to buy a gun for self-defense.

I have a good friend who was providing security for some of the liberal government folks who put that waiting period in place. He reports that during the riots he got several requests from them for loaner guns so they could safely get home across town. Malcolm being Malcolm told them that if he did that it would be a felony, and they should think about that next time they renewed their ACLU card.

[jman527]

I have heard a saying that goes, "Common sense ain't so common." I believe I read that on a bumper sticker.