Huntingburg teen shot by stolen gun

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  • Ark

    Grandmaster
    Site Supporter
    Rating - 100%
    26   0   0
    Feb 18, 2017
    6,822
    113
    Indy
    If you dig a big hole, don't fence it off, or mark it, and someone falls in it, then you are liable. How is leaving a firearm in plain view in an unlocked vehicle, or on a counter-top, less negligent? The goof who left his pocket pistol on a sofa in IKEA after it fell out of his pocket (a kid coon-fingered and fired it), at least was unaware of where his pistol was.

    Rights and responsibility are a package deal, and if we accept leaving loaded guns unsecured as an acceptable standard, the people who are neutral about guns will support the gun banners who want to disarm us.

    A, Indiana has a statute specifically granting immunity to victims of firearm theft, and B, The analogy is closer to a criminal seeing your hole, walking away, grabbing a passerby, and violently shoving them into the hole resulting in injury. The gun is inert. The kid didn't trip over it, he stole it and then pulled the trigger on someone. It's a willful act of agency. A gun possesses no inherent hazard until someone picks it up and decides to use it.
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    Still trying to wrap my head around the gun being in the car unsecured. Did I read it was in plain site or did the idiot thief just say that.

    Edit....yup plain site unlocked.
    Not everyone is smart enough to own a gun.
     

    injb

    Sharpshooter
    Rating - 100%
    6   0   0
    Jul 17, 2014
    391
    28
    Indiana
    This is a bit of a tangent, but can some explain this to me...the statue in question says this:

    Owner immunity for misuse of a firearm by a person who acquires
    the firearm by criminal act


    Sec. 1. A person is immune from civil liability based on an act or
    omission related to the use of a firearm or ammunition for a firearm
    by another person if the other person directly or indirectly obtained
    the firearm or ammunition for a firearm through the commission of
    the following:
    (1) Burglary (IC 35-43-2-1).
    (2) Robbery (IC 35-42-5-1).
    (3) Theft (IC 35-43-4-2).
    (4) Receiving stolen property (IC 35-43-4-2).
    (5) Criminal conversion (IC 35-43-4-3).

    Nowhere does it say anything about what relation "A person" bears to the gun. Doesn't this mean that anyone who isn't the "other person" (who used the gun) is immune? Like an accomplice, for instance?
     

    hopper68

    Master
    Rating - 100%
    4   0   0
    Nov 15, 2011
    4,597
    113
    Pike County
    I had a brief talk with the victims step-grandma today, a lot of stuff I will not share. The investigation is on going and it sounds like the shooter was headed for a troubled life.

    The family blames the shooter, not the gun or the guy who it was stolen from.

    I was wrong, they tried to sue the gun owner for not storing his gun properly. Someone will link the new thread please.
     
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