Armed and Dangerous: Tort Liability for the Negligent Storage of Firearms
Andrew Jay McClurg
University of Memphis Cecil C. Humphreys School of Law
June 25, 2010
Connecticut Law Review, Vol. 32, p. 1189, 2000
University of Memphis Legal Studies Research Paper No. 29
Overwhelming evidence shows that high percentages of American gun owners negligently store their firearms, leaving them easily accessible to unauthorized, dangerous users. Public health studies show that millions of guns are kept loaded and unlocked. More than 50 percent of all handguns are stored unlocked. Ammunition is stored unlocked in between 30–40 percent of gun-owning households. Millions of children live in homes with loaded, unlocked firearms.
The author has argued in other articles for safe gun storage laws as a way to reduce accidental shootings, adolescent suicides, and intentional third-party shootings tied to stolen guns. This article makes a case that unsafe firearm storage constitutes an unreasonable risk and is negligent conduct under universally accepted principles of tort law.
Number of Pages in PDF File: 57Accepted Paper Series
Date posted: June 26, 2010 ; Last revised: October 15, 2012
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