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Dixon & Moseley | Attorneys At Law
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  5. Breaking News, What You Need to Know: Indiana Court of Appeals Says Gun Owner Not Liable for Crime Committed with His Stolen Gun

Breaking News, What You Need to Know: Indiana Court of Appeals Says Gun Owner Not Liable for Crime Committed with His Stolen Gun

On Behalf of Dixon & Moseley, P.C. | Feb 21, 2019 | Criminal Appeals, Indiana Court of Appeals

The Second Amendment’s right to keep and bear arms is one of the oldest and core liberties contained in our Constitution. This same right is found in the Indiana Constitution.1 Yet, that right may be the most polarizing issue debated in today’s society. In the reflection of this, so to speak “hot topic” issue, the Legislature and Congress have enacted ever-changing laws. It is important to stay current with these changes to ensure you are following the law and avoid negative consequences. For example, what happens if someone steals your gun and commits a crime? Are you liable? This blog post covers a recent Indiana Court of Appeals case that addressed these questions, and it ruled that lawful gun owners are immune from civil liability if their gun is stolen and then used to commit a crime.

In Kendall v. Lee2, the Indiana Court of Appeals affirmed a trial court’s ruling that the Defendant, Lee, was not liable for negligence in failing “to store his gun safely and properly.” In Kendall, the Defendant left his gun in his vehicle in a public parking lot. The vehicle was unlocked, and the gun was left on the seat in plain sight. C.O., a minor child, passed the vehicle, saw the gun, and took it. Later, C.O. was showing the stolen gun to his minor friend, Kendall, when the gun went off, subsequently killing Kendall. Kendall’s Mother brought suit against the Defendant, arguing that Defendant negligently stored his firearm by leaving it in the unlocked car, and therefore was partly at fault for the death. The Defendant filed for summary judgment, arguing that Indiana Code 34-30-20-1 provided him immunity because the gun was stolen. The trial court granted the Defendant’s motion, agreeing that Defendant was immune from liability.

On appeal, Kendall’s Mother argued that Defendant was not liable for the “act” of O.C. in stealing the gun, but was “negligent” in the storage of the gun, which later lead to the crime. In support of her argument, Mother pointed out the Indiana Supreme Court case of Estate of Heck v. Stoffer, where the Court stated gun owners have “to exercise reasonable and ordinary care in the storage and safekeeping of their handgun.” Mother argued that the statute did not apply because Defendant’s liability is not tied to the “acts or omissions of a third party,” namely O.C. Instead, Defendant’s liability is from his own acts, which was a failure to safely store his gun. The Court of Appeals, while noting that Mother had a “creative argument,” found that Defendant was indeed immune from liability. The Court highlights the fact that even though the gun could be stored more safely, it was nevertheless stolen, which is a crime and therefore Lee is immune from liability. In conclusion, the Court of Appeals found that the statute “immunizes Lee from liability both for the acts of C.O. and for his own failure to properly store the gun.”

This case highlights the importance of the ever-changing legal landscape. Knowing the status of developments in the law is the key to avoiding criminal liability, as well as being an engaged citizenry in our participatory system of government This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle all areas of gun law, both criminal and civil, as well as appeals. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Article I, Section 32
  • Shelly Nicholson, as the Mother of Matthew Kendall v. Christopher S Lee., 18A-CT-1949 (Ind. Ct. App. 2019)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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