Rancho Cucamonga Attorney David Ricks Talks on Keeping our Second Amendment Rights

There has been a lot of public discussion regarding guns and gun control.  I first want you to know where I am on the scale of gun control vs. no control.  I am a true believer of protecting the 2ndAmendment rights of law abiding citizens, while at the same time restricting guns from those who would do harm to others.  One of the areas that we can look at is how we assess liability against those who allow people improper access to guns.  For example, if a minor gains access to a father’s gun and/or ammunition that is improperly secured, and that son or daughter uses that gun either intentionally or negligently thereby injuring or killing another, then the father (gun owner), should be held civilly and criminally liable.  They are responsible for the act of negligence which contributed to allowing improper access to that gun under tort law.   They are also criminally liable for their failure to properly secure the gun against access from a child.  Penal Codes §25100, 25105 & 25110.

Finding ways to keep the guns out of the wrong hands is far more important than restricting guns from those who will never be a danger to the rest of us, even if they have assault rifles, large capacity magazines or a concealed weapon.  Many times when a shooting occurs, the person in whose hand the gun is found should never have had that gun in the first place.  They may have stolen the gun, they are a convicted felon, under age, they are mentally incompetent, or for some other reason they should not have access to the gun.

Give me your thoughts on how you would approach keeping firearms out the wrong hands while fully protecting the 2nd Amendment rights for the law abiding citizens.

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