FYI-Restaurant carry passed

It is the law in Florida, as it is in most states, that if you are a business owner and have a parking lot, and some criminal comes on to the lot and mugs a customer, then they can recover from you if they can find an expert (and they always can) who says you had a duty to prevent the crime in the first place and were negligent in failing to do so.

It seems to me by that logic that if you have a duty to secure a gun, and you don't, and a criminal takes the gun and uses it on another, then you can be argued to be responsible.


Do you have the same duty to secure your knives in your kitchen? Did the officer use enough force to secure his handgun? It seems to me that the liberals are pinpointing handguns not realizing that using their own argument one could say a pocket knife, for instance, stolen then used to kill was not "secured" enough and lead to charges for the owner.
 
I think a criminal act is generally an unforseeable intervening cause that will cut-off liability unless the person's negligence contributed to the criminal act. If someone breaks into a locked car, finds a gun hidden under the seat and then shoots someone with said gun it is probably going to be held that the gun/car owner could not forsee the criminal act. A tougher call is where someone leaves a loaded gun in plain sight in an unlocked car. It is probably forseeable that someone would steal the gun, but is it forseeable that someone will shoot somebody else with the gun? Probably depends on whether you have 12 LGs on your jury. It's reasonable to think that a gunowner who has carried for years and never shot anyone would not naturally forsee that just because someone gets his hands on a firearm he will absolutely shoot someone with it, but it's probably equally reasonable to assume that people who steal guns probably use those same guns to commit other crimes during which someone may get shot.

By the way, I think that as part of the new carry laws for permit holders in Tennessee you can carry a loaded rifle, or shotgun, in your car as long as the ammo is in the magazine and not chambered. I need to verify that this provision was passed into law.
 

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