What Happens If Someone Else Uses My Gun to Commit a Crime?

If you're a gun owner, you have important responsibilities. You must learn how to properly handle your firearm and secure it so it doesn't end up in the wrong hands.

If someone does end up using your gun to commit a crime, you could face criminal and civil consequences depending on the circumstances. Here's what you need to know about how to protect yourself and the community.

What Happens If Someone Uses My Gun to Commit a Crime?

If someone uses your gun in a crime, ask yourself the following questions to determine if you're at risk of punishment too.

Did You Give Your Gun to a Person You Knew Was Going to Commit a Crime?

If you know someone intends to commit a crime and you allow that person to use your gun, you can be charged as an accomplice. Definitions vary by state, but an accomplice is generally someone who intentionally does something to encourage or help another person commit a crime.

For example, if your cousin tells you that he wants to stick up a convenience store and you lend him your gun to use in the robbery, you can be punished for robbery too, even if you never set foot in the store. Accomplices typically can be prosecuted and punished in the same manner as the person who actually commits the crime.

Did You Provide a Gun to a Prohibited Person?

The federal Gun Control Act (GCA) bans certain people from possessing or receiving guns and ammunition. For example, you can't sell, give, or lend a gun to anyone who you know has been convicted of a felony or misdemeanor crime of domestic violence. (18 U.S.C. § 922(g) (2024).) Many states have similar rules that overlap or even expand on the GCA's list of prohibited persons.

Providing a gun to someone you know is prohibited from having one, regardless of how that person uses the gun, is a crime in all states and the federal system. (18 U.S.C. § 922(d) (2024).

Did You Fail to Secure Your Gun?

Unsecured guns are dangerous. Guns that aren't secure are potentially accessible to children and vulnerable to theft (more on stolen guns below).

There is no federal law that requires gun owners to safely and securely store their guns. But federal law does shield handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes. (18 U.S.C. § 922(z)(3) (2024).)

Many states and the District of Columbia have child access prevention (CAP) or safe storage laws. In states with stringent CAP and safe storage laws, like California, it's a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. Other states impose criminal liability only when an unsecured gun is actually accessed and used by a minor or prohibited person to injure or kill someone. (Cal. Penal Code §§ 2500-25225 (2024).)

A few states make it easier to sue people who fail to securely store their firearms. Oregon law, for example, provides that a violation of the state's safe storage laws is negligence per se in a civil lawsuit. Massachusetts law says some violations of its safe storage laws are evidence of reckless and wanton conduct in civil proceedings. (Or. Rev. Stat. § 166.395, Mass. Gen. Laws ch. 140, § 131L (2024).)

Can I Get In Trouble If My Gun Is Stolen?

Gun theft is a growing problem in the United States. According to the Giffords Law Center, around 380,000 guns are stolen each year.

Stolen guns may end up in the hands of people who aren't allowed to purchase guns legally and are often used in connection with crime.

Federal law doesn't require individual gun owners to report the loss or theft of a firearm to law enforcement, but over a dozen states do. The consequences for violating reporting requirements vary by state. Some states, like Michigan, impose a fine only. Other jurisdictions, like the District of Columbia, impose a fine for a first offense and suspend or even prohibit repeat offenders from possessing or registering firearms. Finally, states like New York make it a crime to fail to report a lost or stolen weapon.

Reporting your gun lost or stolen can help reduce illegal gun crime and protect you from civil and criminal liability if your missing gun is used in a crime or found at a crime scene.

What To Do If Your Gun is Lost or Stolen

If you own a firearm, it's important to keep a record of its make, model, and serial number. As soon as you suspect your gun is lost or stolen, call your local police and report it.

If you don't have the serial number, contact the firearms dealer where you purchased the firearm or your state's firearms registration office if your state has one. If your firearms dealer is out of business, law enforcement can submit a Records Search Request (RSR) to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Getting Legal Help

If you are concerned about gun liability, you should talk to a criminal defense attorney as soon as possible. An experienced attorney can explain how the law applies to your situation, tell you how your case is likely to play out in court, protect your rights, and help you get the best possible outcome in your case.