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by surprise_i'm_armed
Wed Nov 28, 2018 9:53 pm
Forum: Off-Topic
Topic: Negligent entrustment of a firearm: TX courts haven't ruled.
Replies: 6
Views: 2354

Negligent entrustment of a firearm: TX courts haven't ruled.

https://www.texasbar.com/AM/Template.cf ... ntID=42974

The above link is to an article in the Texas Bar Journal, November 2018, pages 790 & 792. The author is Attorney Jefferson W. Fisher of Beaumont.

Here's some of the key points, but he goes into much greater detail in the piece:

If you negligently let a non-licensed person drive, and they get in a wreck, you are at fault for "entrusting" them with the vehicle.

35 other states have ruled that, just like a vehicle, if you negligently entrust someone with a firearm, and they commit a crime with it, you are at fault for letting them have the gun.

The Texas Supreme Court has never made a statewide ruling regarding the negligent entrustment of a firearm. Any cases that have included this facet of prosecution have been decided on a "onesy" basis.

Some anecdotes from the piece:
A father gave his son a shotgun for Christmas. The son, who had not shown criminal intentions previously, used the shotgun to do a driveby.

A man kept a revolver in his drawer at work, and allowed multiple people to borrow it. A female coworker took it and murdered her husband with it.
She had confided unhappiness with her marriage, plus affairs. Should the revolver owner be at fault? Should he have known she would murder the husband?

This article brings up a lot of interesting points. It takes a little while to read, but hopefully I will be able to spur some discussion of this subject.

SIA

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