Negligent Discharge

[Acer-m14]

@Airborneguy as in @prambo case i would say that was a malfunction of the gun .. this is what i done and this is what caused it .. a bad or misadjusted part
other then that call it miss handling a firearm or gross miss handling ...

"
"My client had no idea the gun was loaded," he said. "They're not ruthless people."

Police said the gun was licensed to a woman who lives at the house. "

then he/she should have NOT touched it at all till the owner cleared it .. Deliberate misuse of a fire arm

 

[Acer-m14]

charged with negligent driving ??? ... term escapes me ... no i was a dum arse and was drinking .. ohhh DWI .. example ..

 

[spat]

@Acer-m14 what term would you prefer? Genuine question.

"Accidental" is the BS term because there is always a reason for a gun to fire, and 99% of the time, that reason was "negligence" on the part of the handler.

Accident doesn't imply no reason, everything that has ever happened or ever will has a a reason.

Accident implies unintended. Negligent implies that due care was not taken. Any negligent discharge would be accidental. The only way for it not to be accidental would be for it to have been intended (or at least considered acceptable, like a round that discharged into a berm while clearing some malfunction like a hangfire for instance). The vast majority of accidental discharges are also negligent, but there are rare circumstances where someone can take all due care and still have an unfortunate incident.

 

[Airborneguy]

Sure, there can be examples thought up that would be true "accidents". Wasn't there one a few years ago where an MRI machine caused a holstered firearm to fire? I'd say that was enough of an unknown to call it a true accident.

But as with recklessness, negligence is a legal term that supersedes "accident" and most likely crosses into the criminal realm based on the particular facts of ones actions in causing an incident where clear intent may not be present.

It's definitely appropriate to use negligent over accidental in most cases where a firearm is discharged unexpectedly.

And no, DWI is not a relevent example. DWI is driving after having made the conscious choice to drink to the point of legal intoxication. It is not "negligent driving". Either legally or textually, if something is defined, then it is what it is. Saying otherwise is how we get the ridiculous "slippery slope" nonsense.

Negligent driving is forsaking car repairs until you vehicle is so decrepit that your tire flies off and kills a pedestrian.

 

[Glenn B]

Accident doesn't imply no reason, everything that has ever happened or ever will has a a reason.

Accident implies unintended. Negligent implies that due care was not taken...

Thank you. I must have stated essentially the same thing over fifty times in different forums and posts and I think you are the first other person I have seen who says it.

 

[gun_slinger_boy]

So a negligent discharge is a sub set of an accident then. So all negligent discharges are accidents but not all accidents are negligent discharges.

ETA: either one can blow your balls off so does it really matter?

 

[Airborneguy]

Once again we're going to get into minutiae fit for Parliament.

It came out of favor using the word "accident" not because it implies "no reason" but because it implies zero culpability. Negligent implies culpability.

Here at least, we've done the same with car crashes. They are no longer officially "car accidents". They are now crashes. Because in every accident there is some fault. Whether that is two jackasses (50/50) or one, fault lies somewhere.

 

[Trauma47645]

Impossible.. We know that only the kings men can own a pistol in the Communist Kingdom of NYC

 

[4excal]

Aaaand here's some fodder for the ole terminology argument again..
Accident or negligence hmmmmmmm what will the MSM call it..and what will the forum fighters claim it to be??..DING DING let's get it ON!

Police: Father kills himself moments after son's accidental shooting

 

[Marine Cpl]

Aaaand here's some fodder for the ole terminology argument again..
Accident or negligence hmmmmmmm what will the MSM call it..and what will the forum fighters claim it to be??..DING DING let's get it ON!

Police: Father kills himself moments after son's accidental shooting

The father left it out. It his fault due to negligence. You don't leave out a gun even if there is no round in the chamber if there are kids around.

 

[Phazer]

You don't leave out a gun even if there is no round in the chamber if there are kids around.

I'd amend that to read: "A gun owner should not leave a gun unattended by the owner."

 

[Airborneguy]

It's not accidental if the kid picked up the gun and pulled the trigger. The trigger was pulled intentionally by a child with no culpability due to age.