namedpipes
NES Member
Respectfully, that's incorrect. The federal court is debating New Hampshire state tort law under its diversity jurisdiction. If they were debating federal tort law, then yes, the 1st Circuit decision would then bind the rest of the circuit to include Massachusetts.
Coincidentally, had the event occured in MA, she probably would have won her case under a theory of negligence per se using 140/131L as a legislatively-enacted standard of care, provided she could still get over the proximate cause hurdle.
The event = the original theft of the firearm? Or the shooting? Both?
If the firearm were stolen in MA and the owner followed the storage law there should be no liability, civil or criminal.
If the firearm were stolen in MA and the owner did not follow the storage law that still should be a separate issue, but I could see the argument.
Bottom line is the firearms was stored in compliance with NH law.
A state has the power to enact (Constitutional) laws concerning actions taking place within it own borders, not in other states.