Child endangerment laws for firearms?

Discussion in 'General Firearm Forum' started by sgio91, Jul 15, 2012.

  1. sgio91

    sgio91 New Member

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    With my recent purchase of my G19 I'm catching some flak from my wife's family and friends. One of her friends even brought up me being charged with child endangerment because it is not locked away. Currently I'm keeping it loaded but not one in the chamber on a 7 ft shelf in my closet. I have a year and a half old step son and one due in 2 weeks. I just can't get the concept of how either one of them even in the next at least 3 years is going to be able to reach where it's at. Naturally everybody's retort to that is "well they're kids so they'll find a way to get to it". Its not physically possible for a toddler to reach 7' it's not going to happen period end of story.

    I do plan on getting at least a gun vault for it here in the next 2 or 3 years. Is there any validity to a child endangerment charge though because it is loaded and not locked up?
     
  2. Glock_Fanatic

    Glock_Fanatic Member

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    I highly doubt it... My daughter is seven and can't pull the stock trigger on my 19... I have to physically help her shoot it... As far as child endangerment it would be hard to prosecute without a firearm discharge...
     

  3. I would ask him to show you the law that states that. I have never once heard of that. If that is the cause then about 98% of firearm owners would be charge with that.
     
  4. sgio91

    sgio91 New Member

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    Apparently there was a tragic accident in the news recently of how a man who had is cc left his gun under the seat while he paid for gas meanwhile is son got out of his car seat and grabbed the firearm and it discharged killing him. I guess they are trying to charge him with child endangerment and that's why she brought it up.
     
  5. sgio91

    sgio91 New Member

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    I guess that's what I'm ultimately asking...if a firearm is loaded and not locked up, if it is discharged can you be charged? Even in your own home?
     
  6. Glock_Fanatic

    Glock_Fanatic Member

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    I know in NM negligence with a firearm is "discharging a firearm in close proximity to persons endangering their safety,or possession of a deadly weapon while under the influence of an intoxicant such as narcotics or alcohol." there's something else in the statute but I can't think of it off the top of my head. My wording on the quote may be a little off bc like I said im going off memory. It may very well vary by state and that's just negligence. Not sure what the child endangerment statute says...
     
  7. paul3156

    paul3156 New Member

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    Why not just purchase a biometric gun safe - that should quiet the issue and bring pease to the family. Beside in a few years you'll need one anyway.
     
  8. dutchs

    dutchs Well-Known Member

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    Welcome to the forum Paul. That's a great idea if you can afford it. I know a single gun one can be as little as $129.00, well worth the peace of mind!
     
  9. sgio91

    sgio91 New Member

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    I absolutely agree, it's just I forked out $600 for something that I bought to protect my family and I still catch flak for it. I plan on buying a gun vault soon even though I'm pretty drained as of right now from the gun.
     
  10. Don't let them get to you. Just look at it this way: You have taking the step to become a Sheep dog to protect the sheep that think nothing bad will ever happen to them.

    What to know what I mean read this: http://www.gleamingedge.com/mirrors/onsheepwolvesandsheepdogs.html

    By no means did you do a bad thing by buying something that could potentially save your life and your love ones life. ;)
     
  11. savage07

    savage07 New Member

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    It's a good idea to buy a gun safe whenever you have a chance. Also try to take her to a gun safety class and to the range next time you go, I'll beat after shooting a couple of round she would want to own a gun to! ;)
     
  12. sgio91

    sgio91 New Member

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    Great article!
     
  13. sgio91

    sgio91 New Member

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    Oh she was pissed when I walked in the door because I didn't have one for her haha.
     
  14. jonm61

    jonm61 New Member

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    I would tell them the STFU and mind their own business. Of course, my family and friends would expect that from me and know better than to push it. :)

    The only way you could find yourself in a child endangerment situation (and here's where the standard "know your state laws" disclaimer comes in...I don't even know what state you're in) is if you do something stupid that puts them in danger, like the guy you mentioned. It comes down to negligence and the law uses the "reasonable person" standard to determine if you were negligent. Leaving it loaded, without one in the chamber, on a 7' high shelf, and with there being no way for either child to, in the near future, be able to move anything that would give them access to that shelf, much less rack the slide, you shouldn't have anything to worry about.

    If you're really concerned about it, spend $10 on a trigger lock. As long as you do not have a round in the chamber, it is more than sufficient to prevent kids from firing the gun. http://www.amazon.com/Master-Lock-9...4643&sr=8-1&keywords=master+lock+trigger+lock
     
  15. bhale187

    bhale187 New Member Supporter

    child endangerment would be determined by your states laws. In Illinois you could be charged if a child under 14 obtains a firearm from your residence and it was not 'properly secured'

    Using logic I see your point, theres no way your kids will be able to get to it for awhile, but I can tell you some kids are amazing early climbers. My son climbed onto the bumper of an RV and then got on the ladder and climbed on top of the RV in under 2 minutes when my back was turned. The bumber was 2 1/2' off the ground, and he was just 2 years old, but he did it
     
  16. Good to know! Luckily I don't have any kids lol. :D
     
  17. bhale187

    bhale187 New Member Supporter

  18. bhale187

    bhale187 New Member Supporter

  19. havik72

    havik72 Senior Member

    For me I store my SD weapon on my night stand within easy reach while I sleep. The gun immediately goes with me to the bathroom while I get ready for work to ensure it is not accessed while I'm in the shower but remains accessible to me in the shower, and then follows me to the bedroom where I dress. The gun goes in my IWB holster and goes with me all day, and stays on me until bedtime. When I get ready for bed the gun goes back on my night stand...and the sequence repeats all over again. All my other guns are locked up ALWAYS.

    For me even if I only had small children, the risk of a nosy baby sitter, etc makes me uncomfortable simply hiding my fire arm, even if it doesn't have a round in the pipe (this is based on my opinions being a father of 4 kids from 5 to 11...so I have experience with young kids...including 2 yrs and younger). I personally see no reason to leave a gun accessible if I'm not in direct control of it, but this is not due to it being illegal, just not as safe as possible IMHO.

    I don't want to sound like I am criticizing you for your choices, I am simply trying to demonstrate how I go about balancing safety and accessibility with my SD weapon in hopes it might give you some other options or perspectives to consider...good luck with an always difficult issue.
     
  20. GastonGlock

    GastonGlock New Member

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    I fully agree with havik72. Even though you're right that such small children most likely won't get a hold of your gun if it's 7 feet high in a closet, I STILL wouldn't just leave it there without some kind of lock or putting it in a small inexpensive safe. Some people on here might argue with me on this but I never underestimate children, or the fact that some strange series of events can happen and the gun can end up in an unauthorized persons hands.