Florida Gun Owners - Storing Firearms Is Essential Legal & Physical Safety

It is the constitutional right of every American to bear arms. However, with that right comes enormous responsibility because, unlike a tool such as a screwdriver, or pair of pliers, a firearm, when misused, can cause serious injury and often death since it was designed to do so. This is why for any resident of Lakewood Ranch or Bradenton who owns a firearm, the proper storage of these weapons provides both legal and physical safety, and here are the reasons why.

Firearms Should Never Be Easy


In 2019, there were over 2180 deaths in Florida due to the use of firearms. While most were the result of intentional acts, such as homicide or suicide, 51 were other incidents, usually accidents. And one of the chief reasons that accidents with firearms occur is because access to those firearms is too easy. In 2021, there were 379 accidental shootings by children, resulting in 154 deaths.

Ideally, a firearm should be stored in a proper locker or safe, with a code that is only known to the primary owner of the weapons. This way, no one else can access firearms if the gun owner is at home. In this way, the firearms are only used if the owner feels the need to bring them out for the purposes of home protection or self-defense.

Easy Access Is Negligence


Rifles, pistols, and shotguns are designed to do one thing, inflict maximum harm—or death—with minimal challenge. As a result, playing with firearms can often result in injury or death when care is not exercised, and this is never more true than in situations where children are involved. Many children, especially boys, still see firearms as fun, glamorous items they want to play with.

One tragic example is a father who brought a firearm with him into a motel room that he shared with his 8-year-old son and one and 2-year-old daughters of his girlfriend. He left a pistol in a holster and then left the room. The 8-year-old child took out the gun, fired it, and injured the two-year-old daughter while killing the one-year-old daughter. He is now being charged with culpable negligence.

Firearms Owners Are Legally Responsible


If a firearm is misused, especially if that misuse results in the injury or death of a child, then this is an illegal act, though not necessarily considered a criminal act. Such injuries are considered a form of “premises liability,” which is a legal condition where a property owner is required to exercise a basic amount of “reasonable care” in the environment, ensuring it is safe for visitors. Proper weapons storage in a firearms locker is one example of exercising reasonable care.

On the other hand, leaving a loaded gun on a coffee table where any child can pick it up and discharge it is a clear example of premises liability since an accident can happen, but the property owner is choosing to ignore the risk.

If you or someone you know has been injured by firearms in the act of negligence, talk to a firearm accident attorney. Whether it’s someone’s act of negligence or a defect in the gun itself, the law is on your side.

Video FAQ:

Who can bring a wrongful death lawsuit? - Attorney Bernie Walsh

Stephen Fernandez

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Sep/26/2022

 

Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

 

Law Offices Near You

Sarasota Office

Sarasota Personal Injury Law Office

941-954-1234

2822 University Parkway Sarasota Florida 34243

Bradenton Office

Bradenton

941-752-7000

1215 Manatee Ave West Bradenton Florida 34205

St. Petersburg Office

St. Petersburg

727-381-9200

6446 Central Avenue St. Petersburg Florida 33707

Lakewood Ranch Office

Sarasota

941-330-0088

9040 Town Center Pkwy, Lakewood Ranch Florida 34202

Venice Office

Venice

941-496-9555

3986 S. Tamiami Trail Venice Florida 34293

Englewood Office

Englewood

941-474-4800

2960 S. McCall Rd Englewood Florida 34224

Punta Gorda Office

Punta Gorda

941-613-1141

122 Nesbit St, Suite 113, Punta Gorda Florida 33950

Port Charlotte Office

Port Charlotte

941-613-1141

3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office

Arcadia

863-494-0122

10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers

239-332-0770

8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office

Lakeland

863-683-5600

5137 S. Lakeland Dr. Lakeland Florida 33813
 

Get personal attention from a lawyer with decades of experience.


 
×