ny32182
Member
Plenty of mistakes by all three people here, it sounds like, but I'd say the guy that was carrying the gun made the biggest one and got the ball rolling. He unholstered a loaded carry gun and introduced it into an environment where, unfortunately, many people "assume" the guns are empty. He let *his* gun out of *his* possession, and it was fired.
If the second employee (third person to handle) saw the gun sitting on the back counter and didn't notice the mag was in it, complacency could easily make him think it belonged in the display case... rack the slide, point in safe direction, pull the trigger... boom. Stupid, yes, but at least he pointed it in a safe direction. He followed the same procedure you do to show clear at the end of an IDPA stage, with the key exception of not dropping the mag.
This is exactly the reason that gun shows have a no CCW policy... because it is a virtual certainty that Bubba will be unholstering his carry gun to show it off, or compare it to the new model... and will be introducing a loaded gun into a "safe" environment by doing so.
If you want to charge the counter guy with an unlawful discharge, you can also charge the patron with brandishing his carry piece in a situation that did not warrant it.
If the second employee (third person to handle) saw the gun sitting on the back counter and didn't notice the mag was in it, complacency could easily make him think it belonged in the display case... rack the slide, point in safe direction, pull the trigger... boom. Stupid, yes, but at least he pointed it in a safe direction. He followed the same procedure you do to show clear at the end of an IDPA stage, with the key exception of not dropping the mag.
This is exactly the reason that gun shows have a no CCW policy... because it is a virtual certainty that Bubba will be unholstering his carry gun to show it off, or compare it to the new model... and will be introducing a loaded gun into a "safe" environment by doing so.
If you want to charge the counter guy with an unlawful discharge, you can also charge the patron with brandishing his carry piece in a situation that did not warrant it.