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briand's Avatar
Posts: 566 | Thanked: 145 times | Joined on Feb 2008 @ Tallahassee, FL
#35
Originally Posted by kernelpanic
I doubt that would hold up. Think of a bomb in a taxi. The taxi driver is driving the vehicle and does not know of the bombs existence. But the bad guy has a remote and sets the bomb off after the driver parks and exits the taxi. The person initiating the illegal action is at fault, even if you change the analogy to a car thief instead of a cabby.
yes, but your analogy strays too far from the mark, IMO. What if the cabby stole your firearm, then got shot by a police officer later that evening when they were waving it around inappropriately? It's certainly not your fault that the guy stole your weapon, is it? It is probably true that, had he not stolen it, he wouldn't have been shot... but, again, it is that person's prior criminal act (connected, prior criminal act) that started the chain of events.

while I'm not a lawyer (as stated in the previous post), I would urge my lawyer to pursue this argument in court, should the situation arise -- I'm in Florida, and plan on installing and configuring your application, once it's available.

as an aside: my loaded pistols can sometimes be found "not under my direct control", but if I can demonstrate that I showed due diligence in how/where they were stored, then I cannot be liable for anything done with them if they are stolen and/or used without my direct permission or supervision.
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