In terms of assigning responsibility, this is an easy one.
“You” refers to the firearm’s owner. Firearm ownership comes with a high degree of responsibility. It means knowing and following the four rules, at least two of which must be broken at the same time for someone to get hurt.
It means maintaining a reasonable degree of control over that firearm at all times, whether it’s on your person or being stored.
If anyone is “finding” a firearm, reasonable precautions were not taken to secure that firearm.
These cases all boil down to gross negligence on the owner’s part. Legally and logically, the owner should be the one to suffer the consequences.
Unfortunately, in a lot of cases, the incident gets treated as a “tragedy” and legal consequences do not get applied.
So yeah, haul the parent to court, and then sit the traumatized child down and tell them “Good news! The law has correctly identified the negligent party in this incident. You may be eligible for up to $1mil in damages!”
while he’s sitting there crying over his dead sibling. Better, you want to extend this case to a school shooting? Go announce to 30 parents that “We worked out who is negligent!” You discover common, repeating human ignorance after the fact, and nobody is saved.
The fact that some people in our society are negligent is an expected outcome. That’s why your friend will yell at you one night when you take his car keys away, and then thank you the next day when he’s sober. The point is that society can plan better for that negligence, rather than just pat themselves on the back for spotting it.
In terms of assigning responsibility, this is an easy one.
“You” refers to the firearm’s owner. Firearm ownership comes with a high degree of responsibility. It means knowing and following the four rules, at least two of which must be broken at the same time for someone to get hurt. It means maintaining a reasonable degree of control over that firearm at all times, whether it’s on your person or being stored.
If anyone is “finding” a firearm, reasonable precautions were not taken to secure that firearm.
These cases all boil down to gross negligence on the owner’s part. Legally and logically, the owner should be the one to suffer the consequences.
Unfortunately, in a lot of cases, the incident gets treated as a “tragedy” and legal consequences do not get applied.
So yeah, haul the parent to court, and then sit the traumatized child down and tell them “Good news! The law has correctly identified the negligent party in this incident. You may be eligible for up to $1mil in damages!”
while he’s sitting there crying over his dead sibling. Better, you want to extend this case to a school shooting? Go announce to 30 parents that “We worked out who is negligent!” You discover common, repeating human ignorance after the fact, and nobody is saved.
The fact that some people in our society are negligent is an expected outcome. That’s why your friend will yell at you one night when you take his car keys away, and then thank you the next day when he’s sober. The point is that society can plan better for that negligence, rather than just pat themselves on the back for spotting it.