Good ..but.. Not So Good

Good ..but.. Not So Good

This is a discussion on Good ..but.. Not So Good within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; This news article is about an accidental discharge of a firearm. A man at the fund raiser accidentally discharged his concealed derringer when it fell ...

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    Good ..but.. Not So Good

    This news article is about an accidental discharge of a firearm. A man at the fund raiser accidentally discharged his concealed derringer when it fell out of his pocket. The gun went off when it hit the floor and struck a guy sitting nearby in the chest. The owner of the gun apparently did not know he had dropped the gun and did not hear the .38 cal fire. He then left the church.

    The fact that it took place in a church at a fund raiser is irrelevant. I'm also glad no charges were filed. I do think the unintended victim should be compensated for pain and suffering, even if it was accidental.

    This type of story is is fuel for the Brady bunch. My personal opinion is that derringers, while fairly safe to carry due to a heavy trigger pull, are not entirely safe if dropped. They will sometimes discharge when dropped even when not dropped on the hammer.

    I hope the gun owner will think about switching to a different small pistol or revolver for everyday carry and keep the derringer for snake killing in the bush only.

    No charges to be filed in accidental Wentzville church shooting
    If you understand, things are just as they are... If you do not understand, things are just as they are....
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    The only good I see here is that he didn't kill the guy. Why was the armed citizen not charged?

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    I agree the victim should be compensated for medical bills and pain and suffering and maybe some type of citation for failure to properly secure a weapon but I see no need for criminal charges.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    Quote Originally Posted by SIGP250 View Post
    This news article is about an accidental discharge of a firearm. A man at the fund raiser accidentally discharged his concealed derringer when it fell out of his pocket. The gun went off when it hit the floor and struck a guy sitting nearby in the chest. The owner of the gun apparently did not know he had dropped the gun and did not hear the .38 cal fire. He then left the church.

    The fact that it took place in a church at a fund raiser is irrelevant. I'm also glad no charges were filed. I do think the unintended victim should be compensated for pain and suffering, even if it was accidental.

    This type of story is is fuel for the Brady bunch. My personal opinion is that derringers, while fairly safe to carry due to a heavy trigger pull, are not entirely safe if dropped. They will sometimes discharge when dropped even when not dropped on the hammer.

    I hope the gun owner will think about switching to a different small pistol or revolver for everyday carry and keep the derringer for snake killing in the bush only.

    No charges to be filed in accidental Wentzville church shooting
    This story strains credulity.

    "Dropped" means that it went off almost under his feet.

    How can anyone not hear a .38 go off at such close proximity?

    How did it go off and others in the room not hear it and take some kind of action?

    The owner of the gun heard it go off and ran.

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    Quote Originally Posted by msgt/ret View Post
    I agree the victim should be compensated for medical bills and pain and suffering and maybe some type of citation for failure to properly secure a weapon but I see no need for criminal charges.
    Why not?

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    Quote Originally Posted by Mike1956 View Post
    The only good I see here is that he didn't kill the guy. Why was the armed citizen not charged?
    Had it been a .45, there is a good chance it could have been worse. I don't know why he was not charged. The police did investigate. What amazes me is that the gun owner or another person nearby didn't hear the gun fire. Maybe everyone there was deaf.
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    Why not?
    Are you serious?

    It was not a criminal act.There was no criminal intent, thus the reason that no criminal charges were filed, by the people that do such things for a living.

    Unfortunate? Accidental? Call it what you want, but nothing written indicates anything "criminal" about it.

    The owner of the gun said that with multiple balloons popping all over the place that he did not realize the gun went off, and he did not know that he dropped it when someone handed it back to him. The Prosecutor, Mr. Banas apparently agreed with him after investigating it.

    He even stated, "it just doesnt appear it rised to the level of any criminal charge".

    The truck driver has a concealed carry permit and no signs were posted on the building prohibiting guns, Banas said.
    When the owner of the gun saw it on the news, he went to the police to clear the matter.

    It may be several things, but criminal isnt one of them.
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    Quote Originally Posted by Mike1956 View Post
    Why not?
    The way the article is written there was no criminal intent on the part of the gun owner just stupidity in failing to properly secure his weapon.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

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    It would seem to me, that if a weapon that was in your possession had an AD/ND and it injured someone, there would be some responsibility on the part of the gun owner for the injury incurred.OMO
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    It would seem to me, that if a weapon that was in your possession had an AD/ND and it injured someone, there would be some responsibility on the part of the gun owner for the injury incurred.OMO
    Yep.
    Since there was no criminal liability,he can still be held civially liable.

    Meaning that if the guy that got shot, wanted to sue, there would be nothing standing in his way
    ...other than lawyers slobbering at the mouth and all over the place wanting to represent him...
    Rock and Glock and DaveH like this.
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    Derringers are good for very few things:

    keep the derringer for snake killing in the bush only
    Snakes REQUIRE 12 GA in my book!

    This accident illustrates my point well. They might have a place in someone's bag of tricks, but not mine, unless in a holster. I have a 22LR NAA but it stays in the holster unless I am on a high risk mission like shooting rats at close range.

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    Quote Originally Posted by HotGuns View Post
    Are you serious?

    It was not a criminal act.There was no criminal intent, thus the reason that no criminal charges were filed, by the people that do such things for a living.

    Unfortunate? Accidental? Call it what you want, but nothing written indicates anything "criminal" about it.

    The owner of the gun said that with multiple balloons popping all over the place that he did not realize the gun went off, and he did not know that he dropped it when someone handed it back to him. The Prosecutor, Mr. Banas apparently agreed with him after investigating it.

    He even stated, "it just doesnt appear it rised to the level of any criminal charge".



    When the owner of the gun saw it on the news, he went to the police to clear the matter.

    It may be several things, but criminal isnt one of them.
    An (apparently) AD-prone firearm carried in an (apparently) unsafe manner by an (apparently) clueless individual doesn't rise to level of criminal negligence?

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    Pain and suffering will probably come from the civil case that has probably not been filed yet. Although there is no criminal charges, that doesn't mean he still is not legally liable in civil court.
    "Gun Free Zones" is where only criminals carry guns.

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    An (apparently) AD-prone firearm carried in an (apparently) unsafe manner by an (apparently) clueless individual doesn't rise to level of criminal negligence?

    Nope.

    AD prone? Why? Just because it went off? It may have been dropped eleventy million times and never gone off.

    Unsafe manner? Says who? It may have been carried in a holster, we dont know. He may have carried it in his waistband or pocket for years and never had an incident.

    Clueless? Maybe he was, maybe he wasn't. Accidents happen. No law against being clueless.

    Criminal Negligence? This does not meet any definition of "criminal" negligence as nothing that he did prior to that was criminal.

    The Prosecuror,with the facts(apparently) did not see any criminal negligence so did not charge him so. Apparently, thats good enough for me.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Quote Originally Posted by HotGuns View Post
    Nope.

    AD prone? Why? Just because it went off? It may have been dropped eleventy million times and never gone off.

    Unsafe manner? Says who? It may have been carried in a holster, we dont know. He may have carried it in his waistband or pocket for years and never had an incident.

    Clueless? Maybe he was, maybe he wasn't. Accidents happen. No law against being clueless.

    Criminal Negligence? This does not meet any definition of "criminal" negligence as nothing that he did prior to that was criminal.

    The Prosecuror,with the facts(apparently) did not see any criminal negligence so did not charge him so. Apparently, thats good enough for me.
    Which leads us straight to stories like this one:
    Missouri- Alert Your Reps. Vote No Blair's Law!
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