Gun Owner Liability

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 When Can a Gun Owner Be Liable?

Gun owners can be held liable under both civil and criminal charges. Civil charges may arise when a gun owner’s negligence leads to harm, such as accidents or unintentional shootings.

Criminal charges can be levied if a gun is used in a crime or an accident or if the owner violates specific gun control laws, such as selling firearms without a proper license or owning an illegal firearm. California has the strictest gun laws in the U.S., making it even more critical for gun owners in those regions to be aware of their responsibilities and the potential liabilities.

What Is Gun Owner Negligence?

Gun owner negligence refers to scenarios where a firearm owner fails to exercise reasonable care in securing, handling, or using their weapon, leading to preventable harm.

Examples of negligence include not safely storing a gun away from children, failing to maintain a firearm properly, which might lead to misfires, or handling the weapon in a reckless manner without considering the safety of others.

1. Not Safely Storing a Gun Away from Children

The responsibility of gun owners extends to ensuring that firearms are not accessible to unauthorized users, especially children. Children are naturally curious, and without understanding the potential dangers, they might treat a firearm as a toy. If a child gains access to a poorly stored weapon and inadvertently fires it, causing harm to themselves or others, the gun owner can be held responsible for not taking adequate precautions.

This underscores the importance of using safes, lockboxes, or trigger locks when storing firearms, especially in homes with children.

2. Failing to Maintain a Firearm Properly

Like any tool or equipment, firearms require regular maintenance to function safely and correctly. Failing to clean and service a gun can lead to malfunctions, such as misfires, jams, or even explosions in extreme cases. If someone gets injured because a gun malfunctioned due to poor maintenance, the owner can be deemed negligent. For instance, rust inside a gun barrel might lead to a barrel burst, which could harm the shooter or bystanders.

3. Handling the Weapon in a Reckless Manner

Reckless handling of a firearm goes beyond mere carelessness; it implies a conscious disregard for the safety of others. Examples include waving a loaded gun around without checking if the safety is on, using firearms while under the influence of alcohol or drugs, or trying to “show off” with a weapon. Such behavior can lead to accidental discharges and unintended injuries.

Damages Resulting from Gun Owner Negligence

If an individual is injured due to a gun owner’s negligence, several types of damages can be pursued in a civil lawsuit:

  • Medical Expenses: This covers all healthcare costs associated with the injury, including hospital bills, medications, surgeries, and rehabilitation.
  • Lost Wages: If the victim has to miss work because of their injuries, they can claim compensation for the wages they would have earned during that period.
  • Pain and Suffering: These are non-economic damages that compensate the victim for physical pain and emotional distress suffered due to the injury.
  • Loss of Consortium: If the victim’s injuries adversely affect their relationship with their spouse, they might be entitled to compensation for loss of companionship.
  • Punitive Damages: In cases where the gun owner’s behavior was particularly reckless or egregious, the court might award punitive damages to punish the defendant and deter others from engaging in similar conduct.
  • Wrongful Death: If the negligence leads to a fatality, the deceased’s family can sue for funeral expenses, loss of future income, and the emotional pain of losing a loved one.

The specific damages available and the amounts awarded can vary depending on the jurisdiction and the specifics of the case.

Which Laws Protect Gun Owners?

The Second (2nd) Amendment of the U.S. Constitution ensures the right of citizens to keep and bear arms. This foundational law has led to various debates and interpretations over the years. While many states have regulations concerning gun ownership, usage, and sales, the 2nd Amendment provides a fundamental layer of protection for gun owners.

“Stand Your Ground” Laws

“Stand Your Ground” laws allow individuals to use force, including deadly force, to defend themselves without any requirement to evade or retreat from a dangerous situation.


  • Florida: One of the most well-known examples of a “Stand Your Ground” law is in Florida. If someone believes they are in imminent danger of serious bodily injury or death, they can use deadly force to protect themselves.
    • This law became nationally known due to the Trayvon Martin case in 2012, where George Zimmerman, a neighborhood watch volunteer, shot and killed Trayvon Martin, an unarmed teenager. Zimmerman was acquitted after claiming self-defense under Florida’s “Stand Your Ground” law.
  • Texas: Similarly, in Texas, individuals are justified in using deadly force to protect themselves against unlawful, forceful intrusions or attempted intrusions, provided they have a right to be present at the location, did not provoke the assailant, and were not engaged in criminal activity at the time.

“Castle Doctrine” Laws

Derived from the old adage that “a man’s home is his castle,” the “Castle Doctrine” laws provide legal protections for individuals who defend themselves against intruders in their homes. Some of these laws extend this protection to one’s car or workplace. The central tenet is that individuals have no duty to retreat in their own “castle” and can use force, including deadly force, to protect themselves against an intruder.


  • Pennsylvania: In Pennsylvania, if someone unlawfully enters a person’s home or occupied car, there’s a legal presumption that the resident or occupant reasonably believes deadly force is immediately necessary to protect themselves. This means that if someone breaks into your house, and you fear for your life, you can legally defend yourself, potentially using deadly force, and the law will presume that your belief was reasonable.
  • California: The state’s “Castle Doctrine” (Penal Code Section 198.5 PC) states that if a resident believes that an intruder is trying to force their way into their home, the resident can use reasonable force to defend themselves and their family. The law assumes the intruder intends to inflict bodily harm, thus giving the resident the right to defend themselves.

While “Stand Your Ground” and “Castle Doctrine” laws provide protections, they are not blanket permissions to use deadly force in any situation. Each case’s circumstances, combined with specific state laws, will dictate whether a person’s actions were justified.

Also, even in states with these laws, there can be significant variations in their application, and there are often specific conditions or nuances in the law that need to be met. It’s always recommended to be familiar with your specific state’s laws and consult an attorney if you find yourself involved in such a situation.

What Are Some Other Legal Issues Associated With Gun Ownership?

Aside from the potential liabilities and protections, gun ownership can encompass a variety of other legal concerns. Regulations around gun registration, permits for concealed carry, restrictions on certain types of firearms, and mandatory waiting periods are commonplace.

The intricacies of these regulations often vary from state to state. For instance, California has some of the strictest gun laws, including background checks for all sales, assault weapon bans, and restrictions on magazine capacities.

Do I Need a Lawyer?

If you’re a gun owner facing legal challenges, considering purchasing a firearm, or if you believe your rights have been violated, consult with an attorney. An experienced criminal lawyer, especially one with experience in gun laws, can provide invaluable guidance.

They can help you understand state and federal laws, ensuring your rights are upheld. If facing potential charges, a defense attorney is essential. Consider reaching out through LegalMatch to find a suitable attorney for your needs.

Law Library Disclaimer


16 people have successfully posted their cases

Find a Lawyer