drunk + foolin' around + cleaning gun = Felony Charge

[ny32182]

My belief is that people who fire guns "while cleaning" (impossible) have plenty of stupid on their side, regardless of beer level. They know as well as we do there was no "cleaning" going on, there was only extremely poor handling at work.

Drunk or not, you know where the trigger is. Drunk or not, you know (or don't know, in this case) to know the condition of a gun before screwing with it.

I will sometimes have a beer or two while cleaning. For me, not until the gun is disassembled in a way that it could not fire, period.

However, logic, ingrained knowledge, and gross muscle memory don't go out the window entirely just because of a few beers. And further, the MOST IMPORTANT RULE, that is, "don't point guns at people, including yourself" should not require extreme mental concentration to follow.

Zero ADs on my record, and I fully intend to keep it that way forever.

 

[Cosmoline]

The general rule of thumb seems to be a misdemeanor if there's no injury or bullet zipping by someone, but it gets kicked up to felony if there's an injury or imminent risk. Basically with an ND you roll the dice.

 

[Dazen]

They dont even bother mentioning this guys blood alcohol levels. He could have had just one beer for all we know. They use the term intoxicated if you only had one beer/shot. Looks like to me a lot of you are on a witch hunt here just cause this guy consumed any amount of alcohol at some point in the day before this happened. That's just sad.

 

[Officers'Wife]

Looks like to me a lot of you are on a witch hunt here just cause this guy consumed any amount of alcohol at some point in the day before this happened. That's just sad.

There are some that believe operating dangerous equipment under the influence of any intoxicant should be a criminal act. I have no problem with the consumption of alcohol or other drugs... up to the point those persons wish to inflict their impaired judgment on society at large with the justification-' one beer isn't going to hurt my driving a bit.' That puts my kids within range of their stupidity. If that denotes a 'witch hunt' to you... oh well.

 

[FIVETWOSEVEN]

jeez this happened in the city right next to mine!

i'm thinking it was a glock or maybe a XD if it had rounds in the mag and he didn't remove it.

 

[ny32182]

I mean really, the "cleaning" story is so bad it is comical.

It is like driving along, rear ending someone, and then when the cops show up to investigate, your story is "well, I was just washing my car, when all of a sudden it just ran right into the back of this guy!"

 

[Onward Allusion]

Alcohol + Firearms = Tragedy Waiting to Happen

Reminds me of the idiots in the Youtube video shooting at the 60" TV over a bet. It was dumb luck that no one got shot during the video.

Also reminds me of the guy who posted (not sure if it was this site) that he released a fully loaded mag onto his toe while he was enjoying his Crown Royal.

 

[Onward Allusion]

2 to 3 beers will impair your cognitive abilities and if the person is stupid to begin with - well... Let's just say having a gun in your hands in not the best idea.


ny32182
<SNIP>
However, logic, ingrained knowledge, and gross muscle memory don't go out the window entirely just because of a few beers.<SNIP>

 

[FRJ]

Many of the people on this site have served in the military and may have got their first firearm training there. In the military the absolute first thing you do when handling a firearm is check if it is loaded. If you remember when your weapon was inspected by someone it was presented to them with the action open and you DID NOT take it back unless it was open.This person obviously had no formal firearm training and most definately acted in a very irresponsible manner. He should be thanking God that he didn't hit anyone.
As far as alcohol is concerned firearms should NEVER be handled even if you have only had one drink. I don't think he deserves a felony conviction but most definately needs firearm training before he is allowed to handle a gun again.FRJ

 

[danprkr]

Well, what do you know? Being stupid is illegal - sometimes at least.

 

[ConstitutionCowboy]

Sometimes Darwin doesn't have all that good of an aim.

Woody

 

[WoofersInc]

Over on 1911forum.com there was a thread along these same lines. It discussed having a drink while at home and self defense use of a firearm. A large portion of the group had zero tolerance for alcohol and guns.

As far as alcohol is concerned firearms should NEVER be handled even if you have only had one drink

OK. so you are going to have a drink or two. Under this thinking all guns have been locked away in the safe. Someone now kicks in your front door. Well, you have been drinking and under zero tolerance you are now defenseless.

As you can see there is a lot of grey area here. We don't know the whole story from the OP link so a lot is conjecture.
I don't make it a point of getting drunk and then pulling out the guns. However after a day of shooting I will sit down to clean everything and will have a cold one while doing so.
In fact in Nevada I can legally drink while carrying concealed as long as I stay under .10 BAC.

NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.

1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or

(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,

Ê to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

(Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)

(NRS= Nevada Revised Statutes and notice the limit is 0.10 when the limit for driving is 0.08)

Is this something that I do? No. But it goes back to the grey area of things.

 

[danprkr]

Zero tolerance often = zero thought

Not good by govt idjits, and not good by anyone else either.

 

[MinnMooney]

Reckless conduct in a Class B felony punishable by up to 31⁄2 to 7 years in prison.

Let's all hope that he can plead this down to anything less than a FELONY.

When people start getting charged with felony stupid the antis will have one more way to rid most folks of guns for the rest of their lives.

 

[ny32182]

People get charged with felonies for a whole lot less than this.

Definitely not saying its right, but it is what it is.

 

[THe Dove]

Amen Woofers!!!!

Been wantin' to chirp, told myself to stay back, but you finally said it!

Thanks

The Dove

 

[wrs840]

Seems to me the standard THR dogma is one of teetotaling puritanism when it comes to alcohol, while simultaneously routinely staunchly defending the 2A for convicted felons and retards. Beer is a temporary handicap that wears off, and I think most mature gun owners can make a good decision about not risking a ND after drinking as readily as they make decisions about not driving. "Stupid" isn't as readily harnessed by those inflicted by it, but somehow 2A "rights" seem to become a hallowed endowment to be defended on principle here at THR when govco is denying guns to people who have earned their "denied" status by documented infractions of clear statutes. I perceive a double-standard.

Les

 

[B yond]

Intoxicated or not, if you obey all 4 rules nobody gets hurt.

If you're too intoxicated to obey the 4 rules and you handle a firearm, you absolutely are acting recklessly and should be punished to the full extent of the law.

We need to be very clear here. The problem was not that he was drinking any more than it was that he was handling a firearm. The problem was that he was drinking too much to handle a firearm responsibly while handling a firearm.

 

[Double Naught Spy]

I cannot understand "I was cleaning the gun and it went off". Yet this is almost always the reason given for an AD.

Many folks have NDs with Glocks, Kahrs, and the like when they start the cleaning process by first trying to disassemble the gun without properly clearing it.

 

[SSN Vet]

well my OP stated what I thought were the THREE ingrediants that went into this mishap...

drunk + foolin' around + cleaning gun = Felony Charge

he "told officers that he was both messing around with the gun "

Though in many ways I aspire to be like the Puritans, I'm not exactly a tea totaller.

In my mind the key ingrediant that was missing in this incident was RESPECT...

If you're not going to respect the deadly power of a tool such as a firearm, you have no business handling it and should be held strictly responsible for every action you take while touching it.

I spent most of the day Wednesday dancing around in close proximity to heavy loads suspended overhead by a 25 ton crane as we rigged printing presses into crates. The guy operating the crane with simply a handheld push button controller, was getting very irritated whenever anyone asked him questions or wanted to talk about the next pick while he had a load in the air. He RESPECTED the force of gravity as applied to the loads we were moving. He wasn't sipping "just one beer" with one hand. Nor was he "foolin' around" with the other. He paid strict attention to what he was doing, barked at anyone who got in his way or distracted him, and landed every load spot on the money.

Guess what... after working from 05:30 to 20:00 (with no dinner break) we buttoned up the last of four UNDAMAGED press modules (worth $12 million) and my six man crew went home with all of our fingers and toes in tact.

As I tell my daughter....

sometimes it's not o.k. that you "didn't mean to do it" .... you have to "mean not to do it"

think about that one for a minute... it will do us all some good

 

[delta53]

what size ?

I just can't stop wundering what size the hole in his hand is , both sides

 

[B yond]

I just can't stop wundering what size the hole in his hand is , both sides

Not nearly as big as the hole in his judgement.

 

[Full Metal Jacket]

what an idiot. he should be charged, coulda killed those poor folks next door.

i mean, what if your sitting around with your family in your apartment, and some drunken fool fires a round off through your wall and kills one of your kids?

 

[billybobjoe]

We just had a drive by in my city where the shooter called the residence and told them to "duck" before he emptied his 9mm into their appartment. He's in jail now.

 

[Officers'Wife]

Seems to me the standard THR dogma is one of teetotaling puritanism when it comes to alcohol,

Wrong, if you are going to drink alcohol, drink alcohol. If you are going to drive, drive. If you are going to shoot, shoot. Multitasking any of the three is an invitation to disaster. 'Hey y'all watch this' isn't the last words of a drunk redneck, it's the the last thing their friends hear.