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Started By
Message
Accidental Shooting - Is it "negligent"?
Posted on 7/6/18 at 11:01 am
Posted on 7/6/18 at 11:01 am
LINK
I know of the people involved, although I would not say I know them in any real capacity.
Kid picked up gun without knowledge of adults (not 100 percent sure who's gun it was), it was loaded, gun went off somehow, kid is dead.
For purposes of this discussion let's assume the gun was legally owned - it wasn't stolen, it wasn't owned by someone with a legal restriction from owning said gun, etc. Just a regular ole handgun owned by John Q American.
I don't believe under current law, the gun owner can be charged with anything... by all measures, this appears to be a horrific, sad, terrible accident.
However... should this be criminal negligence? I don't see this as a gun control issue. I wonder if this is a negligence issue.
Other things I can see as negligence issues are...
1) Kid injures himself/herself with a knife or other weapon
2) Kid crawls into front seat of car, which is running, somehow engages the car into drive, car moves and kid gets injured/killed
3) Kid is left in hot car, dies
I know of the people involved, although I would not say I know them in any real capacity.
Kid picked up gun without knowledge of adults (not 100 percent sure who's gun it was), it was loaded, gun went off somehow, kid is dead.
For purposes of this discussion let's assume the gun was legally owned - it wasn't stolen, it wasn't owned by someone with a legal restriction from owning said gun, etc. Just a regular ole handgun owned by John Q American.
I don't believe under current law, the gun owner can be charged with anything... by all measures, this appears to be a horrific, sad, terrible accident.
However... should this be criminal negligence? I don't see this as a gun control issue. I wonder if this is a negligence issue.
Other things I can see as negligence issues are...
1) Kid injures himself/herself with a knife or other weapon
2) Kid crawls into front seat of car, which is running, somehow engages the car into drive, car moves and kid gets injured/killed
3) Kid is left in hot car, dies
6
Posted on 7/6/18 at 11:11 am to LSUFanHouston
Well it obviously depends on how well safeguarded the gun was. I have a 4-year old - there are certain things he can get into nearly regardless of what steps we take to prevent it. But if this guy just had his loaded gun sitting on his nightstand, then it should be criminal negligence.
Posted on 7/6/18 at 11:14 am to LSUFanHouston
quote:
However... should this be criminal negligence?
Yes. A 4 year old girl should not be able to access a gun without the parents knowledge.
Posted on 7/6/18 at 11:25 am to TH03
quote:
Yes. A 4 year old girl should not be able to access a gun without the parents knowledge.
I have to agree, although I am completely opposed to those who say a gun owner must keep their guns in conditions that make them useless for home or self defense.
Posted on 7/6/18 at 11:30 am to LSUFanHouston
quote:I am sure laws vary by state but an adult gun owner could and should be held responsible for not securing the gun to keep it out of access to children. I would think both criminal and civil.
I don't believe under current law, the gun owner can be charged with anything... by all measures, this appears to be a horrific, sad, terrible accident.
Posted on 7/6/18 at 11:39 am to LSUFanHouston
quote:
However... should this be criminal negligence?
Negligent homicide aka manslaughter.
Posted on 7/6/18 at 11:44 am to LSUFanHouston
Yes, your scenario is classic negligence.
Posted on 7/6/18 at 11:50 am to LSUFanHouston
Mine stay in a safe except for one pistol. That pistol is secured, but easily and quickly accessible. However, I teach my kids gun safety religiously. They know not to touch a gun. If we’re over at a friend’s house and they see one out they come get me. The issue is people not teaching their kids gun safety. They’re scared to start them too early. I started mine at 3 years old. If you have guns in your home with children, it is your duty to ingrain a respect for firearms in your children ASAP. Failing to do so is the true negligence.
Posted on 7/6/18 at 4:15 pm to Rougarou13
quote:
The issue is people not teaching their kids gun safety. They’re scared to start them too early. I started mine at 3 years old. If you have guns in your home with children, it is your duty to ingrain a respect for firearms in your children ASAP. Failing to do so is the true negligence.
I salute you. Excellent.
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