Monday, October 28, 2013

If You Let Your Guns Get Stolen, You're a Menace to Society

How then to reduce the number of thefts? Many states are considering mandatory reporting of the loss or thefts of firearms. This would help greatly if it is done in conjunction with implementation of universal background checks and a requirement for persons who transfer firearms to retain records allowing meaningful tracing of weapons used in crime. The possibility that a stolen gun will result in the owner being identified and being held responsible for negligence is a strong incentive to improve storage practices. Existing household insurance may or may not be written with language that covers this situation but should be required to do so.
We could go further and adopt legislation stipulating that a gun owner who's gun was stolen is responsible for the damage the gun causes at a later time. While courts have refused to apply common law strict liability after a theft, there is no such limitation stopping it from being enacted by statute if legislatures decide to do so. In fact some legislation introduced in the last year in various states has attempted to do this, at least for a limited time or if the theft is not reported. There are other possible measures: Loss of control of a gun could create a presumption of negligence and fault in a manner similar to the presumption for drivers who strike other vehicles from the rear. Specific requirements for locking up guns in the owner's absence and not leaving guns in cars could be mandated and failure to do so could be made a crime; but ever harsher penalties have a diminishing return in stopping either criminals from committing crimes or honest citizens from being careless.
A lot of gun owners consider their guns their own business, but when they're stolen they're everybody's business.

20 comments:

  1. I'm pleased to note that even on a left-leaning rag like The Huffington Post, the comments are more than four to one against. The answer to his proposal is still no. Next violation you'd care to discuss?

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    1. "Left-leaning rag?" I was thrown off Daily Kos because the gun-rights fanatics had taken over the gun control discussions and wouldn't have someone like me participating. Although a lunatic-fringe-type minority, you guys are extremely passionate. What you lack in reasonableness and honesty you make up in aggression and repetition.

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    2. I don't know what goes on at the Daily Kos, but in an open forum, you can say whatever you like, if you have the nerve. You gun control freaks are sheep, though, and can't stand up for yourselves in a fair fight.

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    3. What goes on over at Daily Kos on their gun control discussions is guys like you, even worse than you I'd say, have taken over. Kos has a system of reporting offenses and if enough people do it you get banned. That's what happened to me for writing exactly what I write over here.

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    4. I can't speak to the Daily Kos. It's not my thing. The HuffnPuff leans far to the left, though, and if a large number of commenters there support gun rights, that says a lot about the mood of this country.

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    5. It does not say anything about "the mood of the country." It speaks to the passion of gun-rights folks who, whether or not you want to admit it or not, are a tiny minority.

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  2. "The most recent report of a firearm theft to emerge in the media involves an assault rifle owned by the family of a congressperson from North Carolina."

    And its interesting to note that in spite there being no requirement to report the theft, and an almost guarantee that the event would hit the national media, the victims of the theft did the right thing and reported it as soon as they discovered it.
    I was under the impression that the mandatory theft reporting laws were being passed as a tool to detect of combat straw purchases.

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    1. That's a good point. Perhaps these folks are not your typical don't-give-a-shit gun owners.

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    2. Mikeb, if someone steals a gun from me, I'm going to report it. I keep the serial numbers and distinguishing marks recorded.

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  3. All these stolen guns only prove gun owners are negligent in safely storing their guns. It's a deadly weapon. Punishment for gun owner negligence should be tougher. Insurance should be mandatory, to cover the costs of gun owner negligence. If you can't prove you can safely store and handle a gun, you lose your insurance and are unable to purchase another gun.

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    1. What do you disagree with, or is this just a troll?

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    2. Is Mikeb a troll for merely agreeing?

      But perhaps you can name another enumerated right that requires insurance to exercise. Or perhaps you can explain why the victim of a crime should be punished. My property is mine to do with as I choose. If a thief steals it, the sole responsibility is the thief's.

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    3. Perhaps you can name another right that has no limitations. It is totally constitutional to put legal limits on rights.

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    4. I'll accept the same level of restrictions that speech has. But "shall not be infringed" isn't hard to understand.

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    5. You are saying the 2nd amend. cannot have restrictions, or limitations on it? I disagree; and cite the many restrictions and limitations found constitutional by the Supreme Court already put on the 2nd amend. right. That's not a current fad, but a couple of hundred years of Supreme Court decisions affirmed over and over again. The court found those limitations did not violate the "shall not be infringed" wording.

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    6. The Supreme Court also told the country that fugitive slaves had to be returned, that separate could be equal, that the city has the right to take your land to put up a parking lot, and that corporations are people. In other words, the Court gets things wrong now and then. But what I was talking about is what the text means and what I would consider reasonable.

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    7. Ah yes, what is reasonable? Seems reasonable to have restrictions as long as the right is not infringed.
      One example: Setting magazine capacity limits, is not an infringement on your right to buy, own, carry, or use a gun.

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    8. Greg, I'm glad to hear you say that about the Supreme Court. One day we'll add Heller and McDonald to that list of things they got wrong.

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