Unsecured gun or guns, locked house New Hampshire?

[George]

I Live in New Hampshire.. If someone breaks into my locked and secure house and steals a gun that is not secured,locked in a safe or gun lock on it. Am I liable? I listed the state because it probably Would vary from state to state. Not looking for the ethics behind how a unattended gun should be stored. Just the fact based on my question. Thanks for your input George

 

[GunnyGene]

You wouldn't be in MS. Don't know about NH, or any other State. You'd have to research your State laws to get a factual answer. Here's a place to start:

Just click on a State, and it will bring up a synopsis of that States firearm laws.

https://www.usconcealedcarry.com/resources/terminology/types-of-concealed-carry-licensurepermitting-policies/unrestricted/

NRA-ILA | Home

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms...

www.nraila.org

 

[George]

Gunny thank you for your response, it appears that has more to do with concealed carry and carry laws. A few years back a person permanent resident in New Hampshire could open carry a handgun in the state of New Hampshire without a permit one could not conceal cary it unless one had a permit. Over the last few years a gun permit or carry permit is not necessary for people to concealed carry or open carry in New Hampshire! However I still get one from my local town just think it's a good idea to have one and maintain one. Could not find the answers to my question on the logistics someone stealing a gun out of a locked house that was not secure! George

 

[Enigma]

Check with either a lawyer in your state, or your state's firearms associations for an accurate answer. Any answer you get here is worth exactly what you paid for it.

 

[George]

Funny thing I asked a few agencies including my local police station they all have different opinions! All push for securing all unattended guns. Which I understand and even agree with. But I know quite a few f f l people in my area that don't have gun safes and don't even lock up the guns. So it got me thinking and thought I would ask! Thanks again George

 

[GunnyGene]

Funny thing I asked a few agencies including my local police station they all have different opinions! All push for securing all unattended guns. Which I understand and even agree with. But I know quite a few f f l people in my area that don't have gun safes and don't even lock up the guns. So it got me thinking and thought I would ask! Thanks again George

Your question does touch on the issue of Federal Legislation currently working it's way thru the political process. Specifically, the Protect Our Kids Act. If that passes into law, it would remove many of the individual States powers in regard to existing State laws for "secure storage" and other State firearms laws and give that power to the Federal Gov. That would not be a good thing imo. If the States are going to surrender their powers, why even have an Elected State government? The Colonies once had Governors, and other governmental apparatus, that were appointed by the English King. We fought a war over that. Do we really want to resurrect that form of government again?

 

[blume357]

I vote that you would be okay only because it is New Hampshire .... I'm actually wearing a tee shirt today that says, " Live Free or Die".

 

[RSIno1]

The NRA site has more details - https://www.nraila.org/gun-laws/state-gun-laws/new-hampshire/

650-C:1 Negligent Storage of Firearms.

2015 New Hampshire Revised Statutes :: Title LXII - CRIMINAL CODE :: Chapter 650-C - NEGLIGENT STORAGE OF FIREARMS :: Section 650-C:1 - Negligent Storage of Firearms.

law.justia.com

 

[George]

I am no lawyer what I have read 650 C: 1 neglect storage of firearms. If this 2015 is in fact still unchanged I read it as any unlawful entry even by a child or anybody where guns are stored loaded and not locked does not apply to owner of such person be liable for such actions. This is in my words as best I can remember from reading it once but this is how I read it. What doyou all say? Thank you RSlno1 that was a nice Direct link to what I was looking for. I'm not good at looking up stuff like that so it was a pleasure! Again I read it as if it's an intruder breaking into your house a locked house doesn't matter if the guns are loaded unlocked. George

 

[GunnyGene]

I am no lawyer what I have read 650 C: 1 neglect storage of firearms. If this 2015 is in fact still unchanged I read it as any unlawful entry even by a child or anybody where guns are stored loaded and not locked does not apply to owner of such person be liable for such actions. This is in my words as best I can remember from reading it once but this is how I read it. What doyou all say? Thank you RSlno1 that was a nice Direct link to what I was looking for. I'm not good at looking up stuff like that so it was a pleasure! Again I read it as if it's an intruder breaking into your house a locked house doesn't matter if the guns are loaded unlocked. George

That's pretty standard legally. Unauthorized entry, and subsequent theft, relieves the owner of liability in most cases whether the domicile is locked (or otherwise secured) or not. This is something lawyers like to argue about. In MS a domicile can be a tent you pitched. Basically anything with a roof, and doesn't have to be your mailing address.

 

[beentheredone]

The answer to the question "Am I liable?" is always, "You are if a court says so." It's a civil matter.

If someone brings a claim against you and a court determines you're liable for that person's damages -- you're liable. You can sue anybody for anything; winning is another thing...

 

[Johnnu2]

I'm not a liberal, nor do I play one on TV..... BUT, I cannot imagine (IMHO of course) leaving a gun in my house that is not locked-up somewhere or somehow; even if I'm at home. And, when not at home, nothing spoils the day more than coming home, and finding some bad person waiting to kill me with my own gun.... That's just plain nasty.....
Just my thoughts,

J.

 

[hittman]

I cannot imagine (IMHO of course) leaving a gun in my house that is not locked-up somewhere or somehow; even if I'm at home.

If someone is breaking down my front door or crawling through the bathroom window in the middle of the night I’d sure like to avoid having to work the combination on my gun safe to retrieve protection.

 

[GunnyGene]

I'm not a liberal, nor do I play one on TV..... BUT, I cannot imagine (IMHO of course) leaving a gun in my house that is not locked-up somewhere or somehow; even if I'm at home. And, when not at home, nothing spoils the day more than coming home, and finding some bad person waiting to kill me with my own gun.... That's just plain nasty.....
Just my thoughts,

J.

In a 180* contrast to your preference, every functional firearm I own is always loaded (including one in the pipe), never locked up and are distributed among the several rooms in my house, so that I'm never more than a few feet from one or more. I live alone out in the woods.

 

[Kevin]

The problem becomes if your guns are unlocked when you aren’t at home. We can only assume they are unlocked when you are at home as well. Unless you let them free when you leave?

But then if a person is so laissez-faire with their firearms. If a person is invited in and the owner has STILL left them unlocked around the house. Then it is a big liability. I can’t imagine the person leaving them out, but if company comes over they all, 100%, get locked up. Just hard for me to imagine that scenario.

 

[Snake Pleskin]

Funny thing I asked a few agencies including my local police station they all have different opinions! All push for securing all unattended guns. Which I understand and even agree with. But I know quite a few f f l people in my area that don't have gun safes and don't even lock up the guns. So it got me thinking and thought I would ask! Thanks again George

Your response is part of the problem(not You)regarding people that do not secure firearms. That just makes it easy for some miscreant to steal them. That is just the beginning for that firearms life of crime, when it could have easily been prevented! Who will die as a result of that person's apathy, irresponsibility and carelessness?

 

[Snake Pleskin]

The problem becomes if your guns are unlocked when you aren’t at home. We can only assume they are unlocked when you are at home as well. Unless you let them free when you leave?

But then if a person is so laissez-faire with their firearms. If a person is invited in and the owner has STILL left them unlocked around the house. Then it is a big liability. I can’t imagine the person leaving them out, but if company comes over they all, 100%, get locked up. Just hard for me to imagine that scenario.

Believe it, happens every day, and many on this site will tell you its Ok.(IMHO)

 

[Snake Pleskin]

In a 180* contrast to your preference, every functional firearm I own is always loaded (including one in the pipe), never locked up and are distributed among the several rooms in my house, so that I'm never more than a few feet from one or more. I live alone out in the woods.

Wouldn't it just be easier to carry one at home(i do) then have unattended firearms all over the place?

 

[Snake Pleskin]

I'm not a liberal, nor do I play one on TV..... BUT, I cannot imagine (IMHO of course) leaving a gun in my house that is not locked-up somewhere or somehow; even if I'm at home. And, when not at home, nothing spoils the day more than coming home, and finding some bad person waiting to kill me with my own gun.... That's just plain nasty.....
Just my thoughts,

J.

Your firearms should be secure, and there are many ways to provide immediate access. There are a number of different safes (handgun & others) that have immediate biometric access or touch pad access etc that take less than a 2-3 seconds to retrieve the firearm, no different than taking it out of a drawer etc.

 

[Snake Pleskin]

The answer to the question "Am I liable?" is always, "You are if a court says so." It's a civil matter.

If someone brings a claim against you and a court determines you're liable for that person's damages -- you're liable. You can sue anybody for anything; winning is another thing...

I would not want to take that chance in court in today's world! I think you would be found liable! Things are changing!