[LevelG27]

There are many pages devoted to "vehicle/carrying" in his book. I wanted to ask on what page or Stat. # deals with or what happens when:

You park your vehicle say at a post office and you have your ccw legally carrying but because your at post office or a place you can't carry you leave your gun in center counsel being concealed (of course the lid snaps shut so it is concealed) but,

While you are a post office or a place you can't carry you leave it in car center counsel and some one breaks into your car just to steal the car having nothing to do with the gun but he finds it as a "bonus", if you will, then goes and commits a crime with your handgun. (of course gun could not be seen, car was locked, windows rolled up. I just mention these in case you have a "what if" situation for me.........)

I want to know what responsibility I would have now? Or a Stat. # in regards to the situation I described above. Thanks for any input.

 

[Glock23-4-Me]

okay, since no one has responded to your request for a statute or quote from the book, I will give you my opinion. I can not imagine that you would be held liable for anything that arose from someone stealing your firearm in the manner in which you described. If you are a lawful owner of a firearm and are storing your firearm legally in your vehicle, cant see how they can hold that against you. I would liken that (maybe I am wrong) to someone stealing your car and running over someone and killing them. I wouldnt think you could get in trouble for that either.

Again this is my opinion. Maybe you can ask fridaddy who is an attorney.

By the way, carrying to a post office is not against the law as it has been discussed here that a post office is no longer a federal building and even if it was, it would need to have a no firearm sign posted to be enforceable.

The Postal Reorganization Act of 1970 abolished the United States Post Office Department, a part of the cabinet, and created the United States Postal Service, a corporation with an official monopoly on the delivery of mail in the United States. The Post Office Department was the former name of the United States Postal Service when it was a cabinet department. ...

TITLE 18 > PART I > CHAPTER 44 > § 930Prev | Next § 930. Possession of firearms and dangerous weapons in Federal facilities

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(e)
(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.

 

[Steve48]

+1. I can't comment on the post office issue, but you can't be held responsible for the actions committed by someone else using a gun stolen from you, given that your possession of that gun at the time of the theft was lawful.

 

[Timbal]

IMHO, I think the same thought and logic process would be if the perp got into your vehicle, stole it, and used it to run over a person. You did everything legally and responsibly, so are not responsible for their actions.

Just my .02 cents that are in no way any form or shape of legal advice.

 

[Glock23-4-Me]

IMHO, I think the same thought and logic process would be if the perp got into your vehicle, stole it, and used it to run over a person. You did everything legally and responsibly, so are not responsible for their actions.

Just my .02 cents that are in no way any form or shape of legal advice.

hum, that sounds vaguely familiar (see my previous post)

 

[Timbal]

hum, that sounds vaguely familiar (see my previous post)

:rolf

Wow, I'm more tired than I thought, good catch Glock23-4-Me!

I need some protein to let my brain function better. Time to get dinner.

 

[Al Lipscomb]

They make some pretty cool gun safes that fit under the seat. Harder to break into than most GM cars are to steal.

You could also put the gun in a bag, then put the bag in the trunk. A lot of times they can crack the ignition but won't get into the trunk as they just want a ride.

It depends on where you have to park and how long you will be gone.

 

[fridaddy]

In Florida as a matter of common law, no statute, you would not be liable generally. Not to say you would not get sued. Florida recognizes the dangerous instrumentality doctrine. If you give someone possession of a dangerous instrumentality and you know or should know they would be a danger with it, you are liable. Don't loan you car or your gun to your alcoholic brother in law.

There would be a an argument that if you left something, gun, holster or magazine, giving knowledge of the gun in the car, or left the car unlocked you might be held liable on a negligence theory, especially if a minor gets it, based on the safe storage statute 790.174. Unlawful entry provision might not matter if you left the car unlocked.

Best advice is based on the fact the state allows carry, but restricts some places state expects firearms to be left in locked vehicles on occasion, but imposes no extra locking requirements, it is not negligent to conceal and leave a firearm in a locked vehicle. The legislature has even specifically provided for locked car storage with nothing else, in the guns at work statute.

There is also a legal doctrine as mentioned by someone else here that when a criminal steals something and then uses it to commit another crime the intervening criminal act relieves the owner from responsibility, just maybe not if you left the keys in the car.