Man accidentally shoots gun in showroom of northern KY gun range; no charges filed

[Rob Boudrie]

When an in-duh-vidual has an AD in their residence and the police get involved, one of two things happens depending on the police officer, the departmental policies, and the manner in which the shooter behaves. Sometimes it gets broomed even if one is not connected (yes, I know of that happening) or the person is charged with discharging a firearm within 500ft of a residence.

There is a case before the MA SJC that seeks to determine if mens rea is required or if this is a strict liability offense. There is plenty of case law that strongly demonstrates that it is not the intent of the law to criminalize accidents and there must be some concept of intent to commit the deed, but we all know how persuasive the "cuz guns" doctrine is.

What is particularly interesting, and perhaps even frightening, about this case was taken up sua sponte by the SJC (meaning no appeal was filed, they saw the conviction and decided to take up the case on their own accord).

The amicus filed by Comm2a was an absolute f'in work of art and demonstration of sheer brilliance by a certain attorney whose name may not be spoken on this forum, but is still out there fighting for us.

all guns are loaded

Great info - that will save anyone who carries a gun the trouble of checking to make sure it is loaded when they retrieve it from safe storage.

 

[mibro]

Geez there's no difference between an accident (vandalism includes intent which is obviously not the case here) and murder? MURDER? Really? According to you if he had intentionally shot the table then it WOULD be vandalism and apparently you would be "more ok" with it. What an interesting line of reasoning.

Not really what he said.

I tend to agree, if you have an ND around people you're not fit to own firearms. If you want to send rounds in random directions unintentionally do it in the woods when you're by yourself.

 

[one-eyed Jack]

When ever I show a firearm to someone it has a chamber flag in it. To get ready for my last ATF audit, every gun in my inventory had the chamber flag. The examiners were very happy with that. Lots of guns and not a single ND. Jack.

 

[drgrant]

It’s the being an idiot part that matters. It’s just luck that no one was hurt. What’s the difference between the vandalism on the table and floor or murder? Blind luck.

Not sure if serious. You might want to re-read what you wrote here a few times and process how dumb this statement sounds.

-Mike

 

[whacko]

Not really what he said.

I tend to agree, if you have an ND around people you're not fit to own firearms. If you want to send rounds in random directions unintentionally do it in the woods when you're by yourself.

So....if someone accidentally "or negligently" leaves a car in gear and it rolls forward and hits another car......are they therefore not fit to own a car?

If your response is "it's different cuz it's a gun"......then we'll know exactly what side your on.

 

[straightshooterjake]

There is a case before the MA SJC that seeks to determine if mens rea is required or if this is a strict liability offense. There is plenty of case law that strongly demonstrates that it is not the intent of the law to criminalize accidents and there must be some concept of intent to commit the deed, but we all know how persuasive the "cuz guns" doctrine is.

What is particularly interesting, and perhaps even frightening, about this case was taken up sua sponte by the SJC (meaning no appeal was filed, they saw the conviction and decided to take up the case on their own accord).

The amicus filed by Comm2a was an absolute f'in work of art and demonstration of sheer brilliance by a certain attorney whose name may not be spoken on this forum, but is still out there fighting for us.

Can you tell us what case this is? Is there an NES thread about it? I try to stay up to date on Mass gun law issues, and I have not heard about this one. Thanks.

 

[AHM]

When ever I show a firearm to someone it has a chamber flag in it. To get ready for my last ATF audit, every gun in my inventory had the chamber flag. The examiners were very happy with that. Lots of guns and not a single ND. Jack.

Did you tell the examiners to look with their eyes and not with their hands?

 

[one-eyed Jack]

Did you tell the examiners to look with their eyes and not with their hands?

Well, they had to handle most every gun to find the S/N and compare it to what was in my BB. And they did it keeping the business end pointed away from us. Jack.

 

[AHM]

Well, they had to handle most every gun to find the S/N ...

Inlay the digits with Hunter Orange toenail polish;
make them stand out.

 

[one-eyed Jack]

Inlay the digits with Hunter Orange toenail polish;
make them stand out.

I have no time for that. Let them ern their keep. Jack.