A federal appeals court judge must decide whether the grandfather of the man who shot and killed three people at a Conway military surplus store should be held responsible for the murders because he did not safely secure the handgun used in the 2007 killings.

Gail Jones, of Halifax, Mass., has taken her claim to the U.S. Court of Appeals for the First Circuit in Boston. She contends Michael Woodbury's grandfather is liable for the death of her son, Gary, 23.

“Frankly, it was a preventable death. If the firearms had been kept in a safe, for example, none of this would have happened,” Jones' attorney Roberto Tepichin said Monday.

“If we get a ruling saying gun owners need to store their firearms reasonably and safely, that would go a long way to avoiding repeats of what we saw happen here,” he added.

Woodbury broke into the Wentworth Location hunting camp owned by his grandfather, Lawrence Secord, of Scarborough, Maine, several days before the July 2, 2007, murders. Woodbury stole the .22 caliber he later admitted he used to kill three people during a botched robbery at The Army Barracks Store.

Woodbury confessed to shooting store manager James Walker, then killing Gary Jones of Halifax, Mass., and William Jones, 25, of Walpole, Mass. when they walked in on him. He is serving three consecutive life prison sentences without chance of parole.

Jones' mother claims Secord not only had a duty to secure his handgun in a safe and reasonable manner, but also to report to police that the weapon was stolen from the hunting camp, Tepichin said.

“The specifics of this case are unprecedented. The New Hampshire state courts haven't had an opportunity — to my knowledge — to rule specifically on a gun owner's duty to store firearms safely,” he said.

“Our argument concerning a gun owner's duty to store firearms fits comfortably within the existing jurisprudence regarding negligence in New Hampshire,” Tepichin added.

Gail Jones filed the appeal May 18, 2011, after U.S. District Judge Paul Barbadoro in Concord ruled last year the facts did not support her claim that Secord is liable for not reporting the gun theft. Secord didn't know the gun had been stolen until after the murders, the judge wrote in his April 26, 2011, ruling.

The judge said the “undisputed evidence” also shows Secord kept the hunting camp locked and Woodbury broke a window to get inside without his grandfather's permission. Secord kept the handgun unloaded and hidden beneath a hot water heater platform inside the camp, which was often unoccupied, the judge added.

Barbadoro also ruled against Jones' claim that Secord was negligent for failing to properly secure his handgun. The state Supreme Court recognizes individuals ordinarily are not liable for the criminal acts of third parties.

In her appeal, Jones seeks to have Barbadoro's ruling on the facts reversed and remanded to the lower court for a jury to resolve, Tepichin said.

Jones has maintained Secord knew Woodbury was a violent felon who recently was released from prison and that his grandson knew where Secord stored weapons at the hunting camp. She also claims he discovered the gun theft before the murders, yet failed to report it in a timely manner.

Lastly, Jones asked the appellate court to approve release of statements Secord made to his insurance company regarding the burglary and gun theft.

Oral arguments on the appeal were held June 5.

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Kathryn Marchocki may be reached at kmarchocki@unionleader.com.