GUNS DON'T KILL PEOPLE, OR DO THEY?

[HairOfTheDog]

why prosecutors don't use them

I'd be interested in knowing why.

As I posted upthread (at least 3 times! haha)..... just from my observation following the news stories, it seemed to me that location is a factor.

I had a chance to do some research tonight. Only fourteen states and the District of Columbia have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm.

California (criminal and civil liability both apply)
Connecticut
District of Columbia
Florida
Hawaii
Illinois
Iowa
Maryland
Massachusetts (gun safety locks required at all times except when gun is being carried by the legal owner)
Minnesota
New Hampshire
New Jersey
North Carolina
Rhode Island
Texas

So, in the other 36 states, there is no law specifying that failure to keep unlocked loaded guns out of children's reach is criminally or civilly negligent behavior.

That leaves a lot of room for subjectivity when determining whether to charge/prosecute the adults when minors unintentionally shoot/injure/kill in 36 states.

IMO, subjective factors might include how the state regards gun safety/control in general, the D.A.'s culture and sympathies, the perception of the adults' general parenting, etc... I think those same subjective factors likely come into play in the other 14 states sometimes too, but not as often because there is a clear law and LE would have to justify not charging/prosecuting.