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Washington and Lee Law Review Online

Abstract

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue of gun safety in custody cases, family lawyers can reduce dangerous gun behavior and save children’s lives. This solution won’t end all childhood gun injuries, but it could make a real difference.

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