Legal Responsibility & Liability

Responsibility

Firearm ownership and carrying a concealed handgun is a serious responsibility. Legally:

  1. You are solely responsible for the safe handling, storage, retention, and use of your firearm.
  2. You could be sued in civil court for any damage or injury that occurs as a result of the use of your firearm or use of your firearm by another. For example:
    • Through negligent supervision where a child is unsupervised and the child has access to firearms.
    • Through negligent entrustment where a parent has allowed the child to use a dangerous instrument, such as a handgun, without reasonable care. For example, when a child has not been instructed on proper gun safety and has injured another.

A parent can be held liable for harm caused by their child if the parent directed, encouraged, or ratified the conduct.

Owners are accountable for how their firearms are used.  At all times:

  1. Be Responsible. You are responsible and may be held criminally liable if
    damage or injury occurs as a result of your failure to use a reasonable standard of care when handling your firearm.
  •  ORS 161.085, Criminal Negligence, is when a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
  • ORS 163.145, Criminally Negligent Homicide, is when a person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.
  1. Pay Attention and Be Sure of Your Surroundings. When handling a firearm, pay strict attention to what you are doing and what is going on around you.
  2. Ensure Safety. Make absolutely sure that the firearm is unloaded and secure when not being used.
    • In 2010, unintentional firearm discharges caused the deaths of 606 people.
    • Some reports indicate that 2/3 of accidental shootings happen in the home and firearms are the 2nd leading cause of unnatural death for children.
    • Most self-inflicted or unintentional firearm injuries occur with guns that originate either from the owner’s home or the home of a friend or relative. Read the study from David Grossman, MD, MPH, HERE.

      Proceed