Handgun Case

If a parent is negligent and leaves a handgun where a minor has access, what are the consequences?

If a parent leaves a handgun in a drawer where a minor has access, and a minor finds the gun and shoots someone with it, is the parent always liable? Negligence is indisputable if the minor is five & accidentally shoots a sibling. But what if the minor is 15, and instead of accidentally shooting someone, he takes the gun out on the street and intentionally shoots someone. Is the parent still liable? There is a law, which is called “Child Access Prevention” (CAP), which requires adults to use a gun locking device or store guns in a place that is not readily accessible to minors. This law does not address the question of the age of the minor or whether or not the minor unintentionally (without mens rea) shoots someone, or if the minor goes out on the street and intentionally shoots someone. In the latter case is the parent still guilty of negligence? What if the 15-year-old minor is mentally unstable and the father should know this – is this an aggravating factor against the father?

Well, the big problem would be the kid shooting someone. The parent would be negligent (at 15). Now 17 comes into the gray area…but a lawyer should be consulted.

MTM Case Gard handgun case review