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Thread: Negligent or accidental discharge?

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    Question Negligent or accidental discharge?

    Quite often when ever a gun goes bang when the person holding it did not want it to or that person shoots at a target they did not properly identify the word "accident" is often tossed out as the reason the gun went bang or hit the wrong target. Most of the time, after I have heard or read what I think are the known facts I think "negligent" better describes what happened.

    To my way of thinking if at any time we fire a gun because our finger was on the trigger it is not an 'accident", whether we meant for the gun to go bang then does not matter as we intentionally put our finger on the trigger. If at any time we shoot the gun and the "target" turns out to be some thing other then what we thought we were aiming at it is not an "accident", since we deliberately aimed and fired the gun. This is different then a proven mechanical failure of a firearm.

    My Dad, my Uncle Ed and me were pheasant hunting in November about 55 years ago and the single barrel 20 ga. shot gun I was carrying had an exposed hammer. I was cold, wearing gloves, 10 years old, and "negligent". A pheasant took off running in front of us and I cocked the hammer and when it flew one of them shot the pheasant so I lowered the hammer. When I held the hammer with my gloved thumb and pressed he trigger to lower it the hammer got away from me and the loudest noise I ever heard happened. I blew a hole in the ground about 3 feet in front of me and Dad and Uncle Ed were not impressed, I can still see their faces. Dad took all my 20 ga. ammo and I carried an empty gun the rest of the day. He later explained to me again that I should of removed my gloves when I wanted to lower the hammer, some thing he had said before.

    I think the media tosses the term "accidental" out there because they don't know any better. Then again if a tragedy occurs and a family is grieving, the only ones debating the term are the D.A and other lawyers.

    For me it comes down to responsibility and ownership. It is my responsibility to make sure the gun goes bang only when I intend it to, and I "own" the bullet when it leaves the barrel.

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    Member hogfamily's Avatar
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    In the legal world anytime a firearm goes off unintentionally or at the wrong target it is considered a negligent discharge. The results of where the round goes can determine what other legal/civil charges may be filed.

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    Supporting Member iofthetaiga's Avatar
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    Quote Originally Posted by .338 mag. View Post
    Quite often when ever a gun goes bang when the person holding it did not want it to or that person shoots at a target they did not properly identify the word "accident" is often tossed out as the reason the gun went bang or hit the wrong target. Most of the time, after I have heard or read what I think are the known facts I think "negligent" better describes what happened.

    To my way of thinking if at any time we fire a gun because our finger was on the trigger it is not an 'accident", whether we meant for the gun to go bang then does not matter as we intentionally put our finger on the trigger. If at any time we shoot the gun and the "target" turns out to be some thing other then what we thought we were aiming at it is not an "accident", since we deliberately aimed and fired the gun. This is different then a proven mechanical failure of a firearm.

    For me it comes down to responsibility and ownership. It is my responsibility to make sure the gun goes bang only when I intend it to, and I "own" the bullet when it leaves the barrel.
    Agree 100%

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    Member Smokey's Avatar
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    I had a similar incident when about 12 years old. My father had bought me a bolt action 410 - probably a Savage, took me out to hunt rabbits and when we were walking down a farm lane I fingered the trigger for some reason and the safety was off and I blew a hole in the dirt a few feet in front of my Dad. Needless to say that ended our day before it started and it was quite some time before we went hunting again! But, I never forgot and when I taught my son and others I never put myself on the business side of a carried gun.
    When asked what state I live in I say "The State of Confusion", better known as IL....

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    Member mit's Avatar
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    It think that is just BS. I had a H&R 9 shot revolver go off when I was carrying it on an empty chamber in a holster. Puzzle that!
    Tim

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    Quote Originally Posted by mit View Post
    It think that is just BS. I had a H&R 9 shot revolver go off when I was carrying it on an empty chamber in a holster. Puzzle that!

    Obviously not an empty chamber. I'm sure you actually know why it "went off".
    "A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise, and independence to the mind."

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    Supporting Member iofthetaiga's Avatar
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    Empty chamber:
    You must spread some Reputation around before giving it to gunbugs again.
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    Quote Originally Posted by mit View Post
    It think that is just BS. I had a H&R 9 shot revolver go off when I was carrying it on an empty chamber in a holster. Puzzle that!
    There was a lady in Spenard who accidently shot her husband 4 times with a Bolt Action rifle.

    It wasn't such a puzzle though. Those "Spenard Divorces" were occurring with some frequency back then.

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    Quote Originally Posted by Smitty of the North View Post
    There was a lady in Spenard who accidently shot her husband 4 times with a Bolt Action rifle.

    It wasn't such a puzzle though. Those "Spenard Divorces" were occurring with some frequency back then.

    Smitty of the North
    I know a guy who accidentally shot a cat in the neighbors front yard! Because it accidentally tore up our garbage sack and spread whoever's feminine leftovers all over the yard.....and he would accidentally do it again! Hey, what can I say my Dad spanked me once and I had some not right in the head thing going on.

    I heard my mom once tell my aunt that I was an accident and since I was her accident then from now on everything that I do is an accident and it's her fault.

    Nobody wants to be accountable anymore!

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    Quote Originally Posted by gunbugs View Post
    Obviously not an empty chamber. I'm sure you actually know why it "went off".
    Oh it was carried on an empty chamber and in the holster no hands or fingers anywhere near it.
    Tim

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    Quote Originally Posted by .338 mag. View Post
    Quite often when ever a gun goes bang when the person holding it did not want it to or that person shoots at a target they did not properly identify the word "accident" is often tossed out as the reason the gun went bang or hit the wrong target. Most of the time, after I have heard or read what I think are the known facts I think "negligent" better describes what happened.

    To my way of thinking if at any time we fire a gun because our finger was on the trigger it is not an 'accident", whether we meant for the gun to go bang then does not matter as we intentionally put our finger on the trigger. If at any time we shoot the gun and the "target" turns out to be some thing other then what we thought we were aiming at it is not an "accident", since we deliberately aimed and fired the gun. This is different then a proven mechanical failure of a firearm.

    My Dad, my Uncle Ed and me were pheasant hunting in November about 55 years ago and the single barrel 20 ga. shot gun I was carrying had an exposed hammer. I was cold, wearing gloves, 10 years old, and "negligent". A pheasant took off running in front of us and I cocked the hammer and when it flew one of them shot the pheasant so I lowered the hammer. When I held the hammer with my gloved thumb and pressed he trigger to lower it the hammer got away from me and the loudest noise I ever heard happened. I blew a hole in the ground about 3 feet in front of me and Dad and Uncle Ed were not impressed, I can still see their faces. Dad took all my 20 ga. ammo and I carried an empty gun the rest of the day. He later explained to me again that I should of removed my gloves when I wanted to lower the hammer, some thing he had said before.

    I think the media tosses the term "accidental" out there because they don't know any better. Then again if a tragedy occurs and a family is grieving, the only ones debating the term are the D.A and other lawyers.

    For me it comes down to responsibility and ownership. It is my responsibility to make sure the gun goes bang only when I intend it to, and I "own" the bullet when it leaves the barrel.
    No finer last words where ever spoken on the topic.
    Tim

  12. #12

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    My grandpap kinda conditioned me at a very young age:

    "BOY!!!!! I ever see you stick your finger in that trigger guard again, I'll break it off and push it in one ear and out the other. Clearly there's nothing between your ears to stop me. Gimme that gun, and you can have it back after you think about it for a few weeks."

  13. #13
    Member Bullelkklr's Avatar
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    It is physically impossible for a revolver to send a boolit down the barrel if there is no cartridge in the cylinder that is lined up with the barrel.

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    Quote Originally Posted by Bullelkklr View Post
    It is physically impossible for a revolver to send a boolit down the barrel if there is no cartridge in the cylinder that is lined up with the barrel.
    A cap and ball revolver can. It's called a chain fire.

    Yeah, I know nit-picking...

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    Quote Originally Posted by hogfamily View Post
    A cap and ball revolver can. It's called a chain fire.

    Yeah, I know nit-picking...
    He said "down the Barrel".
    How's that for nit-picking?
    Last edited by Music Man; 12-29-2015 at 15:34. Reason: add smilley
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    Quote Originally Posted by Music Man View Post
    He said "down the Barrel".
    How's that for nit-picking?
    Yup your right! And you are not nit-picking!

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    Negligent or accidental? It can be both.

    Negligent refers to whether it should have occurred if reasonable people behaved reasonably. Accidental addresses whether it was intentional or not.

    So, you can have an accidental discharge for which you were negligent.

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    Quote Originally Posted by Bullelkklr View Post
    It is physically impossible for a revolver to send a boolit down the barrel if there is no cartridge in the cylinder that is lined up with the barrel.
    Maybe that's why my volver doesn't shoot?

    Thanks
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    Quote Originally Posted by Music Man View Post
    He said "down the Barrel".
    How's that for nit-picking?
    But, you don't need a barrel if you've got a cylinder.

    SOTN
    Walk Slow, and Drink a Lotta Water.
    Has it ever occurred to you, that Nothing ever occurs to God? Adrien Rodgers.
    You can't out-give God.

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    Member mit's Avatar
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    Then there is the Rem 700..................
    Tim

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