Gun owner arrested for his child's stupidity

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,533
    SoMD / West PA
    Firearm owners take note!

    Your kid says something stupid, and your guns are not locked up.

    Expect to be in a similar article.

    two male juveniles ages 15 and 16, of Leonardtown, were charged with Threat of Mass Violence, and a warrant has been issued for David William Fairfax, age 39, of Leonardtown, for the following charges; two counts of Reckless Endangerment, one count of Access to a Firearm by a Minor, and one count of Illegal Transfer of a Firearm.

    https://smnewsnet.com/archives/4304...own-hs-charged-with-threats-of-mass-violence/
     

    armed_economist

    Active Member
    Dec 4, 2017
    429
    What technically counts as having your guns "locked up and inaccessible to children"? Does it have to be a safe, or is a locked drawer with keys hidden OK?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,533
    SoMD / West PA
    What technically counts as having your guns "locked up and inaccessible to children"? Does it have to be a safe, or is a locked drawer with keys hidden OK?

    If the kid knows the combo to your safe or knows how to get the key, you can catch a charge.

    A known exception: if the child has successfully completed Hunter Education. The state cannot charge you with "accessible to children".
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,191
    During the course of the investigation, information was learned one of the juveniles had access to numerous firearms, and made concerning statements and posts on social media. The investigation also yielded information which indicated someone associated to the juvenile had a Federal Firearms License (FFL). With collaboration from the State’s Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)-Baltimore Field Office, several search warrants were obtained. As a result of the search warrants, semi-automatic rifles, handguns and other weapons were seized, along with ammunition. The weapons were not secured from juvenile access as required by law.

    Two arrests have been made in reference to this investigation; two male juveniles ages 15 and 16, of Leonardtown, were charged with Threat of Mass Violence, and a warrant has been issued for David William Fairfax, age 39, of Leonardtown, for the following charges; two counts of Reckless Endangerment, one count of Access to a Firearm by a Minor, and one count of Illegal Transfer of a Firearm.

    I guess they found something in his book that didn't pass muster?
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    If the kid knows the combo to your safe or knows how to get the key, you can catch a charge.

    A known exception: if the child has successfully completed Hunter Education. The state cannot charge you with "accessible to children".

    I believe that you cannot leave a LOADED gun where you knowingly (or could be reasonably expected of knowing) that a minor could have had access to it (unless they were breaking into your house, supervised by an adult, or trained through a hunters safety course).
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    I believe that you cannot leave a LOADED gun where you knowingly (or could be reasonably expected of knowing) that a minor could have had access to it (unless they were breaking into your house, supervised by an adult, or trained through a hunters safety course).

    Here it is:

    Maryland law provides that a person “may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.”1 This section does not apply if:

    The child’s access is supervised by an individual age 18 or older;
    The child’s access was obtained as a result of unlawful entry;
    The firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
    The child has a certificate of firearm and hunter safety.2
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,866
    Sun City West, AZ
    There's enough wiggle room in the definition that a hostile state's attorney could bring charges and get at least a plea bargain and removal of your firearms "for the public safety". That hostile state's attorney will then lay your firearms out on a table and he'll be surrounded by police administrators to get some face time on the 5:00 news.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,624
    Loudoun, VA
    This section does not apply if:

    The child’s access is supervised by an individual age 18 or older;
    The child’s access was obtained as a result of unlawful entry (does this mean you told the kid to stay out of the closet, safe, whatever and he didn't?);
    The firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties (how can a kid have unsupervised [or any] access if the LEO has possession or control?); or
    The child has a certificate of firearm and hunter safety (well this seems like an easy one to avoid any charges)

    questions/comments in red
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,624
    Loudoun, VA
    know it sounds bad and no one has anything to hide, but we really need to make our spouses and kids understand, and follow, no LEO inside the house, car or anything else. you forget to lock a gun up, leave a gun in the car from a range trip, your kid's buddy leaves a joint at your house or in the backseat - all that can go real bad for you despite you really doing nothing wrong.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,191
    know it sounds bad and no one has anything to hide, but we really need to make our spouses and kids understand, and follow, no LEO inside the house, car or anything else. you forget to lock a gun up, leave a gun in the car from a range trip, your kid's buddy leaves a joint at your house or in the backseat - all that can go real bad for you despite you really doing nothing wrong.

    the police didn't have a warrant?
     

    SolomonsCommune

    Tomato Grower
    Mar 28, 2013
    1,258
    Calvert County
    As far as Im concerned, 14 and 15 year olds with nightstand pistols in their rooms, making threats of violence against a school, and pictures of them posing with guns posted on social media puts them in the F'd category....

    At least those are some of the 'alleged' facts sited on the video.
     

    Wsanner

    Active Member
    Sep 19, 2012
    257
    Cleary some wrong doing here, but what if both kids in the house had there hunters safety cards and were avid hunters. Let's say the pictures taken were with or by the father while they were hunting. Does a that change the way we look at this? We all know how the media.spins things....
     

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