Corpus ID: 159097893

Is There a 'Second Amendment Right to Be Negligent'?

  title={Is There a 'Second Amendment Right to Be Negligent'?},
  author={Brannon P. Denning},
  • Brannon P. Denning
  • Published 2017
  • Business
  • Professor McClurg’s thesis is that courts and Congress have either ignored, misapplied, or overridden general tort principles of duty and proximate cause to insulate from civil liability those who negligently store firearms despite what he sees as the eminently foreseeable harm that occurs if those firearms are stolen and later used in crimes. He argues that this “irrational . . . choice” not to hold those gun owners liable is driven by an “unwarranted deference to expansive views of the Second… CONTINUE READING