Who Is Liable? - Page 3
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Thread: Who Is Liable?

  1. #21
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    I shoot more in a week than the average LEO shoots in a year, my guns that I do not own are locked up in a safe except the non owned gun that stays by the bed, shotgun and pistol.

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  3. #22
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
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    2,388
    All about civil and criminal accountability. Civil liability--hands down the homeowner better think about going broke. Criminal liability---hands down all about state law and inclination of prosecutor.

  4. #23
    Quote Originally Posted by JimPage View Post
    FN1910

    The reason you can't rent a car until you are 25 is because the insurance will not cover someone under 25. 25 or 30 to carry a gun? That rules out most of our military and a great many LEO. Be realistic.
    First comment is why will insurance companies not cover someone under 25? That is the same thing just stated a different way, it still says that someone has determined that those under 25 are too big of a risk and some level of judgement is different.

    Second about the age to carry being raised, I am being realistic and know that it would not happen nor am I promoting it. Just pointing out some ideas that have merit but are unworkable. As for it cutting out the military or LEO since they fall under different laws and guidelines they would not be affected.

  5. It's a sad thing for the young girl. The fact is, he knew better. If you play with matches, you're going to get burned. When you play with a gun, someone gets killed. Unless the kids has some kind of mental disability, he knows the difference between right and wrong. He must pay for he stupidity and neglect. My guess is they will try to charge him with voluntary manslaughter.

  6. #25
    vicarious liability

  7. #26
    Join Date
    Dec 2010
    Location
    SE Iowa
    Posts
    100

  8. One year just doesn't seem like justice. I'm sure Garcia feels bad and didn't mean to shoot girl. But the fact is, her life is now over and that's something that can't be changed. No apologies will ever fix this and it cannot bring her back. One year for negligently destroying a family is unjust.
    If you take all the guns off the street, you still will have a crime problem.
    If you take the criminals off the street, you cannot have a gun problem.

  9. #28
    Quote Originally Posted by srshadwi View Post
    I don't know what the law says, but as far as I'm concerned the 16 year-old boy is responsible. I don't know what everyone else remembers about being 16, but I sure as hell knew right from wrong and took responsibility for my actions.

    JMO
    Steve
    i believe he should be sentenced for his actions, like mentioned above i knew at 16 years old what was right from wrong....

  10. #29
    What is sad is people using the stupid actions of an individual to pontificate about what age a person should be able to carry a gun. The answer is that depends as every person is different. Arbitrary age rules do nothing except infringe on the right to possess and bear arms.

  11. #30
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    There is an age, be it 16 or 19 but less than 21, where an individual is considered a minor. Obviously many from the replies, including myself, fully believe that knowing right from wrong and being held responsible certainly is the case for probably anyone over--I don't know/pick a number--say 10 years old. The law, however, requires a number to differentiate between a "minor" and an "adult" and that ultimately will decide the fate of the individual, regardless of what we think or say. Certainly there have been cases of murder etal where 16 or 17 year olds have been tried in adult courts. For certain, individuals younger than say 16 have been tried in juvenile court and have been sent to juvenile facilities at least until they are 21. So far, we are talking criminal liability--do not forget that civil liability will be in play big time regardless of the age. Whose firearm was it? Why was it accessible? Whoever that "adult" is should be very worried not only about prison time for manslaughter but for whatever family fortune he may have accumulated. There is no excuse for the adult, and, IMO and most of the repliers, no excuse for this individual.
    As a second thought, some repliers have mentioned and are convinced that their children (ages a lot less than 16 and some repliers less than 10) are properly trained and "will never touch daddy's gun". To each his own but IMO, there is nothing smart or responsible about a 10 year old or younger; that is why the law differentiates between an adult and a minor--I truly believe that, as a parent, you really believe what your are saying and I trust your judgement with a shoulder shrug, but I still think firearms should, in no way, shape or form, be placed anywhere in a home where a youngster can gain access.

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