CCW and Negligent Discharges

[gspn]

There was a story locally about a customer at a new Academy Sporting Goods store. He is a CCW holder and his .357 revolver discharged inside the store...while he was at the gun counter.

The news reported a very thin bit of detail saying only that his gun went off as he was removing it from the holster and appeared to have his finger on the trigger. The story did not address why he was removing it, nor did it try to determine how a revolver went off in the manner described.

Nobody was injured and he is being charged with a misdemeanor. My question to you is this...if a CCW holder has a negligent discharge should there be any ramifications with regard to his ability to carry?

http://www.commercialappeal.com/news/2013/oct/09/man-charged-after-gun-discharges-in-collierville/

 

[Bobson]

My question to you is this...if a CCW holder has a negligent discharge should there be any ramifications with regard to his ability to carry?

Tough question. On one hand, everyone can become moderately complacent at times. While that certainly doesn't excuse an ND, I'm not sure a "one strike and you're out" policy would properly eliminate habitually negligent individuals from carrying - which would logically be the goal.

On the other hand, many would say that anyone who ever becomes even slightly complacent with a firearm ought to never handle one, and it's difficult to argue with that.

To make matters worse, the mere concept of restricting eligibility to carry a firearm implies involvement in the legal system. How many ADs would wrongfully be "convicted" as NDs, and vice-versa? It wouldn't be realistic to say the system would be perfect, and that's just one more thing to consider.

My short answer? No, one ND should not be a catch-all reason to bar a person from legally carrying a firearm in the future.

 

[ColtPythonElite]

Where I live an incident like that would probably result in a Reckless Handling charge. The sentencing from the court could have an affect on a carry permit.

 

[NavyLCDR]

Nobody was injured and he is being charged with a misdemeanor. My question to you is this...if a CCW holder has a negligent discharge should there be any ramifications with regard to his ability to carry?

What happens when a person runs a stop sign or a red light and endangers other people with their vehicle? They pay their fine and move on. They get enough violations in a certain amount of time and THEN they have their driver's license suspended or revoked. In some states they can go to a traffic safety class and avoid the fine. I see no reason for carry permits to be treated any differently.

Then again, there is no legitimate reason for a carry permit to even be required other then restrict the law abiding citizen's ability to carry a gun and impose a tax on it.

 

[Mainsail]

Can you cite any other constitutional right that you lose due to a single inadvertent misuse?

 

[Robert]

A right can not be taken away unless you are found guilty of certain crimes and sentenced to prison. Be that right or wrong it is simply the way it is.

In this case he was properly cited and will have to pay the fines and possible court time. The local issuing authority may suspend or revoke his ccw permit. Again, not saying it is right or wrong, just is. The best that can happen here is that he may think harder about what he is doing. A firearm does not just simply go off.

 

[76shuvlinoff]

The final decision will have much more to do with local politics than public safety or constitutionality.

 

[marv]

This story fails my smell test. Most DA revolvers to my knowledge could be lifted from the holster by the trigger without discharging. And if he was carrying it cocked he is really careless and should not be carrying.

 

[Old Guy]

If you are around guns long enough, some where, some time, you are going to have a ND. Taking a gun from a CCW holster in a gun store, in the first place is a NO-No!

Having worked helping out in a friends gun shop, Toronto Canada! Had lots of guns pointed at me! One was a loaded (Could not open the bolt!) .270 rifle.

One funny story, new side by side double barreled 12 gage. It would not lock closed.

I took it down to the work shop, a couple of buddy's were keeping me company, watching the shop.

New gun a little piece of swarf, stuck in the receiver, found it when I stripped it down. A little spray of oil, a wipe down, good to go.

I then proceeded to drop scrap metal on the concrete floor, bash the work bench with a hammer! Lots of noise!

Came back into the shop, passed his gun over, open. The customer looked at it for signs of damage, minutely! "How much do I owe you?" $7.00 said I.

When he left, clutching his cardboard gun box, we fell about, in stiches!

3 coffees, 3 donuts later, we had calmed down. Cruel, but fun.

The original question? No one hurt? Mandatory NRA Class!

 

[JRWhit]

I tend to agree with a mandatory safety class and a fine. Perhaps a repeat within a set amount of time should result in stiffer penalty. It makes it hard to want to do very much about it when so many are waiting for a reason to grab all when it comes to rights. Ideally i think that perhaps there should be a law against unholstering in public without ligitimate cause, being denfense, to do so. Why on earth would any one think it was a good idea to take out a loaded pistol in a department store ? If you need it to size for a holster or be checked out, unload it in the car or at home before u even leave and bring in a case.

 

[Impureclient]

Each case should be treated separately and not just slapped with a "you made a mistake so here's your predetermined punishment." Kind of confused about the justification of handing out fines for an accident. If there was damage from it or it was malicious, that would seem reasonable just like what happens in an automobile accident and you cause damage to another vehicle. Guy made a mistake and everybody came out fine so let it go unless the property owner has anything to say about it.
Why are we so sue and fine happy? Passing out fines does nothing for safety or reassuring it doesn't happen again, it just lines the pockets of our Gov't more. Now if it is reoccuring then it's time to take that case on its own and determine what needs to be done to ensure it doesn't continue. Speeding fines, rolling through stop sign fines, building code fines, etc, are all just ways to tax us extra when we slip up. If you aren't hurting yourself or others why the punishment? Too much eye for an eye out there and not enough forgive and forget.

 

[Lex Luthier]

This is a good question. I personally believe this unfortunate incident requires a come to Jesus moment. I suggest a temporary suspension of his CCW, and perhaps even additional penalties.

Guys get rolled back in certain training revolutions due to ADs. We have a responsibility to be safe 100% of the time.

 

[gamestalker]

First of all, how in the heck does a revolver AD in the holster, unless the individual was carrying it cocked. I can't even imagine why anyone would carry a wheel gun cocked?

I would think this individual would be a very good candidate for court ordered firearm safety training. We send individuals to traffic survival school for chronic or dangerous reckless violations, why not firearms?

GS