Enmeshed in the right to possess a firearm is the duty of care. Thus, the duty of care applies not only to using a firearm, but also to safeguarding the firearm from reasonably anticipated improper use by others. The liability of a person for permitting, or for leaving, a firearm accessible to children has been based upon failure to exercise the required duty of care in regard to a dangerous instrumentality.It is the objective of this note to consider whether or not the doctrine of absolute liability should be extended to hold that when a person permits a child to have a firearm, or leaves one accessible to him, he is absolutely liable for any injury or damage to real or personal property that occurs after the firearm has been discharged by the child.
William C. Gargiulo, Liability for Leaving a Firearm Accessible to Children, 17 Clev.-Marshall L. Rev. 472 (1968)