Firearm Safety Violations and Legal Liability

Safety Rules Are Non-Negotiable When Handling Guns

There’s no such thing as a harmless mistake when a firearm is involved. One moment of carelessness, one skipped rule, and everything can change, a life, a family, a future. Safety isn’t a suggestion. It’s the line between control and chaos.

At Horn Wright, LLP, our personal injury attorneys have seen what happens when that line is crossed. A gun owner leaves a weapon loaded on a table. A shooting range cuts corners on training. Someone assumes “it won’t happen.” But it does, and the cost is devastating.

New York’s gun laws exist for a reason. They protect people from predictable, preventable harm. When someone ignores those rules, the result isn’t an accident. It’s negligence. And the law treats it that way.

Common Safety Violations That Lead to Gun Accidents

Gun safety isn’t complicated, but it demands discipline. The same rules have been repeated for generations, treat every gun as loaded, never point at anything you don’t intend to shoot, check every chamber twice. Still, too many people forget or decide the rules don’t apply to them.

Here’s what we see most often in the cases we handle:

• Loaded guns left unattended, often in homes with children or guests.
• Poor maintenance, where a dirty or modified firearm misfires.
• Unsafe target shooting setups, like firing toward open property or roads.
• Alcohol or drugs mixed with gun use.
• Ignoring range or storage requirements, such as failing to use trigger locks.

Almost every gun-related injury comes back to one of these mistakes. It’s rarely about a defective weapon, it’s about human error and disregard for basic safety.

How Violations of Federal and State Laws Prove Negligence

When a gun accident happens, proving fault often starts with one simple question: Was the law followed?

Both New York State and federal regulations set strict standards for how firearms must be stored, handled, and shared. Breaking those standards is more than bad judgment, it’s evidence of negligence.

Under New York Penal Law §265.45, anyone who keeps a loaded firearm in a home must secure it so that minors can’t access it. Failure to do so isn’t just careless; it’s unlawful.

At the federal level, the Gun Control Act (18 U.S.C. §922) restricts who can receive or possess firearms, and violations of that law, such as giving a gun to someone prohibited from owning one, can form the basis of civil liability.

When a lawyer proves that one of these laws was violated, it becomes negligence per se, legal shorthand for saying the violation itself proves wrongdoing. It tells the court, “This wasn’t an accident. The rules were broken, and someone got hurt.”

Evidence That Demonstrates Unsafe Handling or Storage

Every firearm accident leaves clues, small details that reveal what went wrong. Attorneys and investigators use those details to build the truth piece by piece.

The evidence might come from:

• Scene photos, showing where and how the firearm was kept or used.
• Police or emergency reports, which often describe unsafe handling or violations.
• Witness statements, describing behavior before the incident.
• Expert analysis, explaining what proper firearm handling should have looked like.
• Maintenance records or training logs, revealing a lack of instruction or care.

Sometimes, the evidence feels simple but powerful, a gun safe left open, a trigger lock never used, a text message showing someone was drinking before handling a weapon. Each fact adds weight to the story of negligence.

In the end, what proves liability isn’t just paperwork. It’s the pattern of choices that made the accident inevitable.

In Maine, Enforcement of Gun Safety Regulations Is Less Robust Than in New York

New York doesn’t leave much room for carelessness. Safety laws are strict, clear, and enforced. Maine, on the other hand, takes a far lighter approach.

In Maine, firearm owners aren’t legally required to lock or secure their guns at home. The state also lacks a Child Access Prevention Law, which means if a child finds a weapon and gets hurt, proving negligence becomes much harder.

New York’s laws close those gaps. The state expects gun owners to act responsibly at all times, whether they’re home, at a range, or traveling. That difference means that victims in New York have far greater legal protection when something goes wrong.

This isn’t about politics, it’s about accountability. When the law defines safety clearly, people know what’s expected. And when tragedy strikes, victims have a fair path to justice.

Legal and Financial Consequences for Violating Safety Standards

Breaking gun safety rules doesn’t just create danger, it creates liability. In New York, anyone who causes harm through unsafe firearm handling can face serious consequences, both civil and criminal.

Those consequences often include:

• Civil lawsuits, requiring payment for medical bills, lost wages, and long-term trauma.
• Criminal charges, especially when recklessness leads to death or severe injury.
• Loss of gun ownership rights, through license revocation or confiscation.
• Insurance denials, when negligence voids coverage.

Financially, these cases can be devastating. Families can lose savings, property, and reputation, all because they ignored rules designed to prevent exactly this type of harm.

But from a victim’s perspective, these penalties aren’t about punishment, they’re about fairness. If someone’s carelessness destroyed another person’s health or peace of mind, justice requires accountability.

How Victims Can Recover Damages for Safety Violations

Victims injured in firearm accidents caused by safety violations have several routes toward recovery in New York. The right legal approach depends on the circumstances — where the incident occurred, who was involved, and which safety laws were ignored.

Possible claims include:

• Personal injury actions, when the victim suffers physical or emotional harm.
• Wrongful death lawsuits, for families who’ve lost someone to negligence.
• Premises liability claims, if an unsafe environment contributed to the shooting.
• Product liability suits, when a faulty safety device or firearm defect worsened the injury.

Compensation may cover medical treatment, counseling, pain and suffering, and the income a victim loses while recovering. For those facing permanent injury or trauma, settlements often include funds for lifelong care.

What matters most is timing, the sooner legal action begins, the easier it is to preserve crucial evidence before it’s lost or altered.

Horn Wright, LLP, Enforces Accountability in Gun Safety Violation Cases

At Horn Wright, LLP, our personal injury attorneys believe that every safety rule ignored is a tragedy waiting to happen. We’ve worked with families who never thought a single lapse could have such devastating results, until it did.

Our firm investigates these cases with precision and empathy. We gather evidence, consult firearm safety experts, and fight relentlessly to hold those responsible accountable.

Gun safety isn’t optional. It’s a duty that comes with ownership. And when that duty is broken, we make sure victims aren’t left to carry the cost alone. Accountability protects more than just one person, it protects everyone.