the defendant's minor son, Matthew, was driving car when he encountered the plaintiff's minor son, Tony, driving a van. Matthew and tony shouted at each other while the vehicles drove side-by-side for a few blocks. Matthew eventually reached under the floor mat and pulled out his father's. 357 magnum handgun and fired one the passenger side window. the hollow point slug went through the window of Tony's van, killing him.
Matthew's father owned several guns which were kept in a locked safe, although Matthew knew where the keys were kept. A .357 Magnum and the hollow point bullets for gun were kept in a gun cabinet. testimony conflicted as to whether Matthew had permission to tkae the gun of the locked cabinet.(Cited in wood v. Groh, 269 kan. 420,7 P.3d 1163 [2000])
Since Matthew knew where the keys were, the fact that the gun was locked up didn't matter.