Hiding a firearm is not the same as securing it. A gun stored in a drawer, hollowed-out book or disguised piece of furniture may be out of sight, but it could still be accessible to children, visitors or thieves. That means the gun owner can face serious consequences if that gun is misused.

Some Old West lawmen allegedly had a different solution to firearm storage, stashing double-barreled shotguns with friendly storekeepers for crowd control — usually drunken crowds.

Of course, there are certain problems with this strategy. It required a significant investment in shotguns. A friendly storekeeper could go bad depending on mood, finances, friends who were locked up and alcohol. The shotgun could be abused. Police armorers have found cigarette butts, trash and even tampons in patrol shotguns. The storekeeper could use the shotgun to settle his or her own scores or handle it negligently.

This apparently was not a major concern in the Wild West, though it is today.

Hiding a Gun Is Not the Same as Securing It

To store, cache or stash a gun means it will not be under the owner’s control. This requires a way to ensure that the gun will be present when he or she needs it but not accessible to strangers. There are multitudes of ways to do this.

There are safes, locks and storage tricks. Storage tricks are cheap and easy, but they’re also full of trouble.

When my firstborn was a baby, I kept my pistol in a drawer a good 6 feet off the ground. It was never removed in his presence, yet he somehow knew it was there. He pointed with enthusiasm to the drawer without being able to verbally express his interest. It was still well out of his reach, but I invested in a lockbox. Children will notice where adults store guns. They will at least know adults own guns, and curiosity will motivate a search.

There are books with cutouts to hold guns. Such a book provides an illusion of security to the buyer. Thieves and curious children will still find the gun. Furniture items and clocks are popular hiding places. Professional thieves doubtless examine the catalogs of such suppliers. These items may be foolproof against a casual visitor. And casual visitors, such as deliverymen, may also be professional thieves.

I taught my children gun safety. I showed them the NRA’s Eddie Eagle program. They handled my unloaded guns whenever they asked, which helped to blunt their curiosity. I took them to the range. They were reasonably well-trained. However, they often had their friends over, and their friends were stupid. I converted a closet with a deadbolt lock to secure my collection. (It may not technically be a collection. It is, at least, an accumulation.)

Electronic locks have become popular on cars. A fob sends a signal to a lock. I’m uncomfortable relying on batteries and electronics for access to my safety. I have had batteries leak or otherwise die on me. If you elect to use them, you must check such devices frequently.

Some combination of a disguised container and an electronic or magnetic lock may dissuade all but determined burglars. There are magnetic locks that open when a magnet is brought alongside them, though these locks are not particularly strong.

How to Balance Secure Storage and Emergency Access

A gun kept for emergency use must be accessible; an emergency gives little warning. But that accessibility must be balanced with safety. The rifle over the mantelpiece or the shotgun by the door is an American icon, but many such family antiques have created a reputation.

Mark Twain wrote that a person who could not hit the broad side of a barn from the inside could take up an old “unloaded” musket and bag his grandmother every time.1

Can You Face Criminal Charges if a Child Finds Your Gun?

Some states have laws requiring guns to be locked up to prevent children from accessing them. In states without such laws, prosecutors have charged gun owners with endangering the welfare of a child if the child finds a gun. This does not require that someone be shot. There’s case law holding that even an unloaded gun is dangerous.

In one instance, a client purchased a new handgun. He had a safe in a room the children were forbidden to enter. He had the safe open and was placing the new gun inside when his 3-year-old dashed in and snatched up his carry gun. His older brothers were dueling with Nerf guns, and he wanted to play. He shot one of his brothers, crippling him.

The county prosecutor filed felony charges for endangering the welfare of a child by allowing access to a firearm. Mind you, my client was locking the guns up in a room the children were forbidden to enter. The prosecutor was adamant about the charge, claiming my client had to be punished for such carelessness. He had a crippled son and a traumatized toddler; I could not see how the state could punish him further.

Against my advice, the client pleaded guilty and received a suspended imposition of sentence. This did not give him a criminal record, but it was a long way from what he could have won.

The major problem with a child-involved case is that everyone stops thinking. A terrible thing has occurred, and someone must be held responsible. It also shows that a toddler can move with unexpected speed.

Can Unsafe Gun Storage Lead to a Lawsuit?

The history of accidents with guns inspires criminal charges and lawsuits. Even if one beats a criminal charge, there is the probability of a lawsuit.

Bernhard Goetz shot four muggers in a New York subway. He was acquitted on grounds of self-defense and was then sued by one of the muggers for $43 million and lost. He will never be able to pay that off.2

In criminal court, guilt must be proven beyond a reasonable doubt, the highest standard known to the law. In civil court, for money damages, it must be proven by a preponderance of the evidence. This is 51 percent or, as one plaintiff’s lawyer told the jury, “50 percent plus a feather’s weight of the evidence.”

Negligent Storage

There are three bases for a lawsuit, the first of which is negligent storage (when you leave the gun somewhere and someone else finds it and then does something criminal or stupid with it). Cities and states have prosecuted gun owners whose guns were stolen and used in crimes. Families of victims have sued. Even if a suit is unsuccessful, the expense can be crippling.

Remington, the oldest gunmaker in America, was sued into bankruptcy. The plaintiffs never proved wrongdoing at trial. It was primarily the cost of litigation that destroyed the company.3

Negligent Entrustment

Negligent entrustment of a gun can be grounds for a suit. If the gun is sold, loaned, rented or otherwise transferred, the transferor might be sued. The complaint will be that he or she did not determine that the recipient knew how to use the gun safely, had safe storage or was not a criminal. Transferring the gun through a licensed dealer provides a piece of government paperwork proving that the gun is no longer your responsibility.

Liability After a Defensive Gun Use

Then there’s the possibility that the gun owner does something criminal or stupid with a gun. A judge in Kansas City was fond of saying, “The last perfect person got crucified.”

In a self-defense case, decisions are made in microseconds. Some fault can always be found. As there’s no end to human stupidity, there’s no end to a plaintiff attorney’s imagination in finding fault.

For example, a farmer in central Missouri killed a burglar. He beat the criminal charges. The burglar’s family sued, claiming negligence because the farmer had failed to put up a “no trespassing” sign so that the burglar would know he was not supposed to break into the building. (You read that correctly.) There was a “no trespassing” sign. I have a picture of it.

The farmer’s homeowners insurance company stepped in to defend the negligence claim.4 Insurance companies do not defend self-defense cases. They only defend negligence. Self-defense, by definition, is a deliberate action.

They settled it for very little money, all things considered, and canceled the farmer’s insurance policy. (I shall pause for a few paragraphs of profanity.)

What Rules Should Apply to Anyone with Gun Access?

There are redundant gun safety rules for a reason. If one is forgotten, the others can prevent a tragedy. That said, tragedies will occur.

When I had a liquor store, I wrote a standard operating procedure for gun use. It largely said that the money is insured and to use a gun only to protect life or limb. Today, it would be more detailed.

Like in other liquor stores, there was a shotgun. There was also an employee who knew something about guns from his military service. However, he had never held a shotgun in his life. Intrigued, he managed to pump a shell into the chamber. Further exploring, he found the trigger and assassinated a case of beer. It could have been much worse.

Anyone who has access to a gun must be instructed on how it works, when it should be used and when it should not be used. Assuming a person will do the right thing is wrong every time.

Safe Gun Storage Requires More Than a Hiding Place

A hidden firearm may be out of sight, but it is not necessarily out of reach. Children are curious, thieves know common hiding places and even well-meaning adults may mishandle a gun they do not understand.

The safest storage method will depend on the household, the firearm and how quickly it may be needed, but the owner must remain responsible for controlling access. Assuming that no one will find or misuse a hidden gun is not a safety plan.

 

*This article originally appeared in the May/June 2026 edition of Concealed Carry Magazine and has been modified for the web.

Endnotes

1. Albert B. Paine, ed., Mark Twain’s Speeches (New York and London: Harper & Brothers Publishers, 1923), 107.
2. Lynette Holloway, “Bankrupt, Goetz Still Owes Victim,” The New York Times, Aug. 2, 1996.
3. Brakkton Booker, “Remington Gun-Maker Files For Bankruptcy Protection For 2nd Time Since 2018,” NPR, July 28, 2020.
4. The insurance company refused to defend the criminal complaint and the lawsuit involving the shooting itself.