Magiver, maybe I have a misperception, but off the top of my head, Gun Show loophole guns do not have a liable owner (in most if not all cases), ditto with buying off the internet. You can take the case of Nancy Lanza, who’s estate certainly can’t even begin to cover the costs of what her son Adam perpetrated.
From NPR: instead of taxing guns, we should tax gun violence. Basically, this is the same as saying that we should make gun owners liable for any damage their guns do. Not only would this discourage some people from buying guns, it would lead those who do keep guns to be more careful with how they’re stored. Indeed, greater care would surely have kept Adam Lanza out of his mother’s cache. The problem, though, is that Nancy Lanza is neither with us to pay the damages her gun caused, nor could she afford to pay for the enormous damage her gun wrought in Newtown.
Here’s another http://www.nola.com/crime/index.ssf/2012/11/how_liable_is_the_owner_of_a_s.html: If the gun is used to intentionally commit a crime, to kill or injure someone, the court will not impose civil liability on the gun owner for the acts of a third person. Again, under the proximate cause doctrine, the actions of the thief would supersede the negligence of the gun owner, cutting off his liability, LeCesne said.
LSLGuy: “In law it has a specific meaning that doesn’t line up with what many people think.” What does a legal definition of “negligence” mean?
Is culpable a better word to use? If one’s weapon is not sufficiently secured, and ends up being used in a violent crime, then IMHO the owner is culpable. The owner didn’t pull the trigger, but enabled in some part because the weapon was not sufficiently secured.
That’s part and parcel with the government not defining what “secured” means, since the onus is on the gun owner. And are there any gun owners on this board that have a issue with “all gun owners are responsible for securing their weapon?” I could be wrong, but that was the basic tenet I grew up with.