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  1. #1
    Senior Member JohnDoe2's Avatar
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    'Hot' Guns Fueling Crime, U.S. Study Says

    Hot' Guns Fueling Crime, U.S. Study Says



    Gun Theft Fuels Violence in America: Gun Owners Now Targets
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    BY PIERRE THOMAS (@PierreTABC) , JACK DATE, JASON RYAN (@JasonRyanABC) AND JACK CLOHERTY (@jjclo)
    Jan. 25, 2013



    Christmas is the one day of the year that Wal-Mart is closed, but for a group of four New Mexico burglars, it was the perfect time to stop in for some firearms.

    Video surveillance cameras caught the masked burglars red-handed, stealing rifle after rifle. Police arrested the four men, and were able to recover the guns. But all too often, stolen weapons end up in the hands of criminals.

    The New Mexico caper is part of a flood of gun thefts nationwide. And it's not only commercial gun dealers vulnerable to theft.

    Guns are a top target for home burglars looking for something they can easily sell on the street.

    An estimated 230,000 guns per year are stolen in home burglaries and property crimes, according to a study by the Department of Justice.

    "Any burglar that goes in a house and finds guns, their eyes are going to light up," says former ATF Assistant Director Mike Bouchard. "That's the first thing they're going to take."

    The statistics for commercial thefts show that nearly 25,000 guns per year are lost or stolen from gun dealers.

    According to the Bureau of Alcohol Tobacco and Firearms (ATF), more than 4,000 gun stores and retailers have been targeted in the last three years, with 74,000 guns reported stolen or lost. And criminals will use any method possible to get their hands on some weapons, either for their own use, or to sell on the black market.


    Minnesota Public Radio, Jeffrey Thompson/AP Photo
    Minneapolis Police Sgt. William Palmer... View Full Size


    Minnesota Public Radio, Jeffrey Thompson/AP Photo
    Minneapolis Police Sgt. William Palmer examines one of thousands of guns stored at a secure facility in Minneapolis, Jan. 12, 2011.







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    Recently, thieves have taken to using a stolen vehicle to ram down the front doors of a gun store. In North Charleston, S.C., for example, burglars smashed a stolen truck right through Guns and Gold Trading Post, stealing $4,500 worth of guns before making a quick getaway.

    "Gun stores are like candy stores for criminals," says Mike Bouchard.

    2012 was a record year for gun sales, with more than 19.5 million background checks run for gun purchases, up almost 20% from the previous year. But while legitimate sales skyrocket, huge numbers of illegal guns are hitting the streets.

    According to the Justice Department, more than 1.4 million guns were stolen or lost between 2005 and 2010.

    Former ATF Assistant Director Bouchard says crooks have easy access to cheap stolen guns on the street.

    "If you talk to any criminal, they can find a gun within an hour or two. Cheaper guns that were stolen can be sold for $50. On the street, a typical good handgun will run you $200 to $300," Bouchard said.

    Some thieves have even targeted gun shipments, stealing the weapons before they get to market.

    Last November, for example, a rogue truck driver allegedly stole a shipment of 111 guns he was supposed to deliver from the Smith and Wesson factory in Springfield, Mass.

    When police caught him, they recovered 28 of the stolen guns, but some had already been used in crimes.

    When police arrested the alleged stick-up robber known as the Black Jacket Bandit, they found one of the stolen guns was allegedly used by him in a convenience store robbery within weeks of the delivery heist.

    In November, more than 100 powerful AK-47s were stolen from a rail yard in Atlanta. The guns were in a box car containing more than 1,000 guns being shipped from an overseas manufacturer to a major U.S. distributor, authorities say.

    A few of the weapons have been recovered, but police are deeply concerned about having scores of new assault rifles falling into the wrong hands.

    Given all the gun thefts, police say it is critical for gun owners to secure their weapons in gun safes or locked cases. And authorities are urging gun retailers to fortify their buildings, to try to prevent "smash and grab" type robberies.

    http://abcnews.go.com/US/hot-guns-fueling-crime-us-study/story?id=18318610
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    Senior Member JohnDoe2's Avatar
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    Guns at Home Can Make Parents Liable for Child's Criminal Actions

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    The recent shootings in the nation's schools have highlighted the responsibilities of parents for their children's criminal actions. Aside from the extremely painful consequences for children who commit criminal acts using guns, parents may also be found liable for failing to take reasonable steps to prevent their children from obtaining guns.

    Q: We keep a registered gun in our house for protection. Can we be held liable if one of our children finds the gun and harms someone else?

    A: Under two Ohio statutes, parents can be held liable for the intentional criminal acts of their children that cause personal injury or death to another, and for acts such as theft or vandalism that cause loss or damage. According to current law, the statutory limit for liability is $10,000 plus the costs of the legal action. The improper or illegal use of a gun by a child that causes injury or death would be covered by the parental liability statute. If the parent or custodian is careless (negligent) in storing a gun, or permits the child to have access to it, the parent can be held liable for negligence in failing to properly secure the weapon or simply permitting the child to have access to it. Civil liability is but one of two possible consequences to parents if a child improperly uses a gun.

    Parents may also be criminally liable for such actions in Ohio. State laws prohibit an adult from contributing to the delinquency or neglect of a minor, and other statutes prohibit adults from furnishing firearms to minors except for legitimate sporting purposes such as hunting. Also, some local communities have enacted city ordinances that impose criminal liability on parents for failing to properly secure a firearm in a manner that is reasonably calculated to prevent a minor from obtaining possession of the weapon. Crime classifications for violation of these statutes range from a first degree misdemeanor to a fifth-degree felony, and fines and jail terms may be imposed as sanctions.

    10/31/2012

    Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Dick Graham, a magistrate for the Cuyahoga County Juvenile Court.

    



    Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

    https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-124.aspx
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