Theft goes up this time of year, increasing your risk of a break-in. If your guns are stolen from your car or home, could you be held responsible for what is done with them? Here’s what to know and how to minimize your risks.
About the Theft of Firearms
Stolen firearms are a problem. On average, more than 200,000 firearms are stolen every year. It’s a big number that primarily impacts regular private gun owners. While there are some firearms stolen from retail storefronts of FFL dealers and packages in transit under the care of shipping companies, the vast majority of thefts target private owners. In fact, more than 95% of thefts documented in an ATF report were stolen from individuals. With 1,026,538 stolen items recorded between 2017 and 2021, the ATF says most incidents involve a single firearm taken from a single owner, as opposed to a collector having many items taken at once.
As a property owner, being the victim of a break-in to your home or car is bad enough. But with a theft involving firearms, the problems don’t end there. The bigger issue is what happens to your guns after they are stolen. Many end up in the hands of people who should not have access and some are used in the commission of further crimes. In a Bureau of Justice study, most individuals incarcerated for firearm-related offenses had not obtained the firearm through a regular sale. Instead, many were stolen, taken from a crime scene or purchased on the black market.
Firearms theft happens for a number of reasons. Some are stolen strictly as a way to obtain cash quickly, either being sold on the street or at a pawn shop. Others are stolen and kept without further incident by the individuals who took them. Some of these may not be recovered at all, while others may be discovered by chance in a search by law enforcement. In other cases, firearms are stolen specifically in order to be used in commission of a gun crime. These are the cases that regular gun owners tend to worry about most.
About Stolen Firearm Liability
Questions about who is at fault when a firearm is used in a crime can be very complex. Multiple parties could face blame for what happened. The type of liability in question can also vary, from civil suits to criminal liability. Jurisdiction also matters. What is a civil or criminal offense in one place due to state law or local ordinances may not be an offense at all had it occurred in another location.
Criminal Investigations and Potential Consequences
Whenever a crime does occur that involves a firearm, law enforcement investigators work to determine whether the persons involved legally owned the firearm in question, and if not, where the firearm came from and how it came into their possession. For stolen firearms, this means looking for the rightful owner of the item based on the serial number and retail sales records.
The good news for victims of theft is that, in general, a person whose firearm is stolen cannot be criminally charged with the crime in which it is used. In other words, those individuals directly involved in a crime would be held responsible for their own actions. However, owners of stolen firearms can still face other serious consequences, some civil and some criminal.
While laws vary widely, some states require a gun owner to notify law enforcement of a firearm theft or loss within as little as 24 hours. Intentionally failing to report a theft incident may lead to criminal charges, with penalties ranging from a small fine up to years in prison, depending on the jurisdiction and unique circumstances of the case.
Civil Suits and Potential Outcomes
Beyond the potential criminal risks, owners who experience a gun theft may also face civil liability when a stolen firearm is used in a crime. This means that victims of a crime or their families may be able to sue the owner of a firearm in civil court for negligence. In such a claim, victims will assert that the gun owner’s actions involving the carrying, transportation or storage of the firearm were a contributing factor that led to the damages or injuries sustained by them as a third party after the firearm was stolen.
Gun owners can get a better understanding of these risks by considering some of the situations in which stolen firearm liability could apply. For instance, imagine that:
- Your EDC always includes your Sig Sauer handgun. But today you don’t feel well. At some point, you’re forced to visit a public restroom and, with everything going on, you end up leaving your handgun in the bathroom. You realize your mistake almost immediately, but before you can return to retrieve it, a young man finds it and takes it. He uses the gun in an attempted robbery nearby where a store clerk is wounded. The criminal is apprehended almost immediately and faces charges for armed robbery and wounding the clerk. However, the store clerk also sues you in civil court for negligent handling of your firearm.
- You are transporting several of your firearms back home after a hunt. They’re in the back of your pickup truck for the ride, since there’s no room in the cab. You think it will be okay, because they’re in their carrying cases and you don’t intend to stop along the way. But then you realize you’re almost out of gas. The gas station pump isn’t taking your card, so you’re forced to go inside to pay. While you’re away, someone takes one of your rifles out of truck. You get home and don’t notice when you bring the others inside. The stolen rifle is later used in a shooting. Families of victims bring a civil suit against you alleging negligence.
- You are enjoying a nice weekend at home and have just finished some maintenance on your 1911. You’re called away to help with chores outside, leaving your gun on the table. While you have safely set up for cleaning in your study away from the rest of your family, your home is still a busy place. Two of your older children have friends over today. Returning from the bathroom, one of these friends sees your gun unattended and takes it. The friends leave and head to a park. When the teenager is showing off the 1911 he has taken from your home, it goes off and another teen is hit and killed. The teen’s family file a civil suit against you for not properly securing your firearm.
With these examples, it’s easy to see how a brief moment of inattention can lead not only to a gun theft and a preventable tragedy, but also civil litigation for the firearm’s owner.
What Gun Owners Can Do About Firearm Theft Risks
As a responsible gun owner, you no doubt want to minimize your risk of becoming a victim of theft where one of your firearms is taken—not only to prevent the loss of valuable property, but to safeguard your community and protect yourself against legal trouble. Since firearm theft is a complex risk with a lot of variables, protecting against stolen firearms works best when you take several steps in combination.
1. Safe Storage
One of the first things responsible gun owners can do to prevent firearm theft is to practice safe firearm storage best practices. Proper storage goes a long way toward preventing thefts as well as accidents.
For instance, when storing guns at home:
- Unload guns before storage.
- Store in a locked location.
- Keep ammunition separately.
- Research and follow local laws.
- Make them inaccessible to children.
When storing guns in a vehicle:
- Unload firearms while in cars and trucks.
- Know what qualifies as secure storage.
- Follow secure temporary storage tips.
- Consider installing a firearm lock box.
- Keep items in transit out of reach of kids.
2. Theft Reporting
Another key to responsible gun ownership is knowing where your guns are. If you do lose track of one of your guns, the responsible thing to do is to follow state laws and local guidelines for reporting the item as lost or stolen as soon as you become aware of it. Even though some localities don’t mandate firearm theft reporting, it’s still smart risk management.
When a firearm is reported stolen to law enforcement, the serial number is entered into a database allowing agencies across the country to know that the item has been reported stolen. If the item is later found or recovered, you may be able to have it returned to you. Reporting a theft also shows a high level of conscientiousness on your part as a gun owner that may minimize your risk of a future liability lawsuit.
3. Liability Insurance
Finally, you can look into liability insurance designed to offer protection for the risks of firearm ownership. Because even after lowing your risk by storing your guns safely and reporting any break-ins promptly, there’s still a chance you could be sued for what someone else does with one of your guns. But coverage exists that can protect against this and other unique liability risks face by gun owners.
Personal Firearm Liability Insurance from Lockton Affinity Outdoor offers liability protection that can protect against a number of common gun owner risks, including firearm theft. It’s a simple, easy-to-understand solution that covers:
- Lost or stolen firearm liability
- Hunting and shooting accident liability
- Accidental discharge
- Lawful personal defense
- Civil suit defense and damages
Plus, Personal Firearm Liability Insurance is available with coverage limits designed to suit any budget, starting at just $75 for a whole year, before applicable fees.
More Protection Options
Lockton Affinity Outdoor is a trusted name in insurance for outdoor and shooting sports enthusiasts, with over 23 years of firearm industry experience. In addition to Personal Firearm Liability protection, we offer a variety of solutions to meet the different needs of gun owners.
For example, to help deal with the monetary loss that comes with a theft of your firearm property, Lockton Affinity Outdoor also offers a separate policy with Firearm Insurance coverage. This property protection is specifically made for firearms, so it often goes above and beyond the protection available for firearms through homeowners, renters or auto insurance policies. This coverage can pay claims up to the insured limits for the fair market value of a firearm and its attached accessories in cases where it is stolen, lost, damaged or destroyed in a fire or flood.
Learn more about other Lockton Affinity Outdoor products and services on our website.