Legality of leaving a rifle at my unattended cabin

[sloughfoot]

I leave things unattended in my primary home, sometimes for a long time while I am working or whatever. If my home is burglarized, how am I responsible for what the thief took?

I drive my vehicle to work with valuable items in it. It might sit for days in the parking lot while I am out on a trip. How am I responsible if a criminal breaks in and takes my valuables.

There are two categories of people. Victims and perpetrators. Do not confuse the two.

 

[71silverbullet]

If the fire arm didn't hold a lot of value, sentimental or monetary, I'd leave it and never think twice about it. I would make an effort to hide it, and not tell others it's there.
Your cabin, your gun, your choice.

 

[SnoopLoggyDog]

Will be shipping a shotgun up to Alaska to keep in my cabin. Location is remotely accessed by boat only. The cabin itself is locked and dead-bolted securely to keep out nosy bears. Within the cabin, I plan on building a few locations to stash a firearm or two. Later on, I will securely install a 3-4 rifle gun safe.

I have family that have a cabin 100 yards from mine. They keep an eye on the place, as do all our neighbors. We can see anyone approaching by boat from three miles out.

 

[87iroc]

Probably best to create a hidden storage area for it.

That's what I was thinking. Fancy table, hidden cabinet in wall, something like that. Should be easy to fashion one.

Where's the cabin at, I can go try to help you get ideas. lol...obviously kidding.

 

[nonobaddog]

I have the same situation - primitive cabin out in the sticks that I get to when I can. I would like to leave guns there too but I don't. I bring guns with me whenever I get there. I am not concerned about any criminal liabilities of leaving a gun there. I am not concerned about any moral issues if some scumbag steals it and misuses it. But I am concerned about civil action if it got stolen and misused. In today's society there is too much chance of a lawsuit in that situation. If you are sued it doesn't matter if you win or lose - you lose.

 

[bwframe]

How many people have been sued for their stolen firearms being used in a crime?

 

[nonobaddog]

How many people have been sued for their stolen firearms being used in a crime?

That does not matter to me. Even it has never happened (I don't know) I choose not to be the first. In my opinion people sue each other for really crappy reasons these days. You have probably heard about the guys that were holding up a lawnmower to trim a hedge and it didn't end well so they sued Sears. And then the guy that backed over his own toddler with a riding mower and then sued John Deere because they made the tractor.
Besides this way I get to bring different guns to the cabin if I choose. And I didn't mean my reasoning was sound - it is just my reasoning.

 

[nonobaddog]

How many people have been sued for their stolen firearms being used in a crime?

You got me curious so I did a very quick search and it has happened numerous times. They have even sued the Federal Government when the gun was stolen from an agent and sued the gun manufacturers just because they made the gun. So it is just like I said - no criminal liability, no moral dilemma but look out for people misusing civil action.

Local News | Stolen Handgun Kills; Owner Is Sued -- Legal Battle Escalates Over The Rights Of Firearms Owners | Seattle Times Newspaper

Court rules Kate Steinle's family can sue over murder with stolen fed's gun

Gunmaker, Store Agree To Payout in Sniper Case (washingtonpost.com)

 

[JettaKnight]

Think of the children!

 

[bwframe]

You got me curious so I did a very quick search and it has happened numerous times. They have even sued the Federal Government when the gun was stolen from an agent and sued the gun manufacturers just because they made the gun. So it is just like I said - no criminal liability, no moral dilemma but look out for people misusing civil action.

Local News | Stolen Handgun Kills; Owner Is Sued -- Legal Battle Escalates Over The Rights Of Firearms Owners | Seattle Times Newspaper

Court rules Kate Steinle's family can sue over murder with stolen fed's gun

Gunmaker, Store Agree To Payout in Sniper Case (washingtonpost.com)

Thanks for the info. Did you locate any settlements in your search?

 

[indiucky]

If the OP wants to leave a cheap .22LR or Mosin Nagant in his cabin, so what? There's probably ten other things worth more already there.

I sometimes "seasonally" leave a single shot 20 gauge with a chopped barrel and an inexpensive .22 at our country farm house.....In the winter and during hunting season I take them back home.......Our rural area gets crowded during deer season....

 

[nonobaddog]

Thanks for the info. Did you locate any settlements in your search?

Most of these were poor lawsuits so they failed but I did find where Bushmaster did pay $2.5 million in one settlement. I didn't search very long at all.

 

[CampingJosh]

That does not matter to me. Even it has never happened (I don't know) I choose not to be the first. In my opinion people sue each other for really crappy reasons these days. You have probably heard about the guys that were holding up a lawnmower to trim a hedge and it didn't end well so they sued Sears. And then the guy that backed over his own toddler with a riding mower and then sued John Deere because they made the tractor.
Besides this way I get to bring different guns to the cabin if I choose. And I didn't mean my reasoning was sound - it is just my reasoning.

Your homeowner's/renter's insurance almost certainly includes basic liability insurance. If you have enough assets to be a big target, then you should have an umbrella liability insurance policy anyway.

You're not John Deere or Bushmaster; you're not a big enough target for this to be a serious concern. And if it is a serious concern, then get yourself some insurance coverage so that you don't have to be afraid of what some idiot might try to sue you over.

 

[nonobaddog]

That is a good point. Someday I should get some of that insurance stuff for the cabin.

 

[bwframe]

I masquerade as one with little means as to not be a target for lawsuits and such. I do have firearms insurance through ArmsCare Plus on top of the renter's policy though...

 

[Timjoebillybob]

You got me curious so I did a very quick search and it has happened numerous times. They have even sued the Federal Government when the gun was stolen from an agent and sued the gun manufacturers just because they made the gun. So it is just like I said - no criminal liability, no moral dilemma but look out for people misusing civil action.

Local News | Stolen Handgun Kills; Owner Is Sued -- Legal Battle Escalates Over The Rights Of Firearms Owners | Seattle Times Newspaper

Court rules Kate Steinle's family can sue over murder with stolen fed's gun

Gunmaker, Store Agree To Payout in Sniper Case (washingtonpost.com)

Most of these were poor lawsuits so they failed but I did find where Bushmaster did pay $2.5 million in one settlement. I didn't search very long at all.

Did you find any in Indiana in the last 15 yrs or so? IN has civil liability immunity for the owners of stolen firearms.
And here is a thread where it was discussed.
https://www.indianagunowners.com/forums/carry-issues-self-defense/52178-you-liable.html

IC 34-30-20-1
Owner immunity for misuse of a firearm by a person who acquires the firearm by criminal act
Sec. 1. A person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition for a firearm by another person if the other person directly or indirectly obtained the firearm or ammunition for a firearm through the commission of the following:
(1) Burglary (IC 35-43-2-1).
(2) Robbery (IC 35-42-5-1).
(3) Theft (IC 35-43-4-2).
(4) Receiving stolen property (IC 35-43-4-2).
(5) Criminal conversion (IC 35-43-4-3).

 

[nonobaddog]

No. In my brief search I did not find any in Indiana at all. The ones I saw were all West coast or East coast, go figure.

I did notice one funny thing in Indiana. Probably not in business now though.

[h=4]Ludco Gun Shop, Parker City, Indiana[/h]A 2010 ATF inspection of Ludco Gun Shop revealed that 997 guns were missing from the store’s inventory. ATF inspectors found numerous other violations of federal firearms laws, such as 93 firearms in the inventory that had not been properly logged into the store’s record books and sales to felons. This audit inspection led to an undercover investigation of Ludco, which revealed numerous additional criminal violations, including numerous sales to felons and straw purchasers. Ludco’s owner pleaded guilty to numerous federal firearms charges and was sentenced to four years in prison.

 

[snapping turtle]

Ludco was a pretty cool gun shop. I visited a few times but never purchased anything other than some 22 shells and some pirodex pellets. The owner seemed to be a little overwhelmed with business while I was there a couple times. Had he been a bit more available to show some items I might purchased from him. Maybe he got overwhelmed completely and forgot about the books of rules.

I do do remember a ruger Blackhawk 357 that was calling to me there.

 

[SnoopLoggyDog]

Stopped into Ludco's several times but never purchased a firearm there. Place was overflowing with guns in the display cases, shoved onto wall mounted rifle racks, and hanging from nails in various locations. The place was a hoarders dream and an OCD ATF Agent's nightmare. The owner always seemed peeved that a customer had stopped in and interrupted his routine.

 

[Drotis]

Late to the party here. Not a lawyer, and don't pretend to be. Just felt compelled to weigh in. Had I a cabin in the wilderness, I would surely have a weapon (s) on site, with the requisite ammo. I would go to great lengths to make sure that both were hidden away in some sort of "secret compartment" "false wall" "false floor" or whatever I could devise, to both keep out of the hands of intruders and children who might be there. I see this as no different from a primary residence. Maybe more important, depending on what is going on at the moment. My opinion. Flame on.