I need advice...

[pensfan66]

So the other night i break out my guns to show to a friend of mine that just got back from wherever they were stationed....anyway i had done alot of work on my eaa ak47 so i was showing him that....now heres where our story takes a turn for the worst...i take out the clip and i swear i cleared the gun but i must not have...the gun went off.
The bullet went through my wall in my kitchen towards the back of the apartment and into the next apartment. NO ONE WAS INJURED THANK GOD.
My question is...since no one was injured, and it was an accident do my neighbors have any legal action against me? I was talked to by the police but they just took a few pics and went about their biz...i just want to know if theres anything else i should worry about or prepare for...i feel awful that this happened and im just sick about it. Please help

 

[Boba Fett]

https://secure.nraila.org/Contact.aspx

When I had a legal question, I asked them and received a very quick and very thorough answer. Made me feel a lot better. Albeit it wasn't anywhere near the severity of an accidental discharge in an apartment complex.

Thank the Lord no one was injured or killed.

I'm in no way a lawyer, but I would imagine you will have to pay (and should pay) for the damages to the apartment complex and anything of your neighbors that was damaged.

I suppose they could sue you for something like mental anguish...thing is, if they want to sue you, they can probably find some lawyer to take their case even if it is frivolous.

Other than that, I suggest you contact a lawyer and ask him what you might need to prepare for.


Not to make you feel worse, but for your future reference:
CHECK EVERY FIREARM EVERY TIME, NO EXCEPTIONS.
After this, I'm pretty sure you'll always remember that

 

[Wile E Coyote]

Heckova first post. I'd be sick too.
As far as legal action...only an experienced lawyer can properly answer that one for ya. Anecdotally, know that "anyone can be sued at anytime for anything"
I'd personally expect the property owner/manager to talk to me, as well as I'd expect to talk to the affected neighbors. Lastly, I'd begin the process of burning into my brain a strict procedure of clearing any weapon ever entering my grubby mitts.

 

[pensfan66]

Thanks for the quick replys guys.
Man im going to check every weapon thats even around me...

I havent had a chance to talk to the neighbors yet i think they are still upset with me i have tired 3 times to talk to them. been over 72 hours since it happened and i have not heard anything else form the police or landlord.

heh yea great first post i know :/
thanks again guys keep them coming if anyone has any additional info

 

[chris in va]

Why did you pull the trigger?

 

[pensfan66]

stupidity?

not really a helper comment

 

[george29]

When I was 17 , I had a job driving a forklift and I did real well. Once, I forgot to lower the boom as I was rushing to get another pallet when "BOOM" and the forklift almost flipped over frontwards. Manager walked over and said "everyone gets one KaBOOM, you just had yours." Not the best way to learn how to be careful but no one was injured so the manager was kind to me and I never lost the lesson.
So I say to you, you were lucky that with this KaBOOM no one is worse off for it. You have no excuses left though.
Rule # 1 is especially valid for you.

 

[Kragax]

Good thing the guy in that apt next door didn't shoot back through the same wall. Some may have.

 

[sernv99]

Most important thing is no one got injured or killed. If the neighbors won't talk to you, just leave it be.

 

[ChCx2744]

Did your nieghbors talk to the police? If so, they most likely got a case number; You DEFINATELY should have gotten a case number. Read the report after you pick it up and you will find out if "the other party advised that they did/did not want to press charges against *party*"

Be mindful that's only if they talked to the police...

I think you should be more worried about the apartment complex taking action against you than your neighbor(s).

Good luck to you.

 

[Sav .250]

Lesson learned.

 

[Just One Shot]

Rule # 1
ALL GUNS ARE LOADED!

 

[gbw]

Not a lawyer either, but I do know they can only sue to recover specific damages. Cannot do it just to 'teach you a lesson'. They can, for example, sue to recover the cost of councilling for fear and anger control, medical costs to attend sleep theapy, the continuing loss of consortium due to anguish and fear of living next to you (understandable), the cost of repairs, legal fees, and so on. They could easily win something, depending on your and their demeanor in court, where you are located, etc. If their lawyer thinks you have anything by way of money I'd wouldn't bet against a suit - if they think you're poor, probably not. This would have to be brought by a lawyer after all, whose only interest is money.

You might want to consider moving.

 

[mcdonl]

It is probably a bad idea, but I would be inclined to leave a small gift and a note to my neighbor.

Maybe explain it was a malfuction and you have taken care of the issue.

 

[danbrew]

You might want to consider moving.

I think that's what I'd do. You're probably well on your way to a moving van and just don't know it yet anyway.

If you were my tenant, I'd evict you if for no other reason than the next time you shoot off a gun by mistake and hurt somebody, the injured party would sue me and claim that I knew of your propensity to "shoot guns through the walls".

Yes, it was a mistake. It is compounded by the fact that you are a tenant instead of a homeowner. As a homeowner you control your fate to a certain degree - as a tenant you do not. You can be sure there is a provision in your lease to kick you out for this incident.

Looking at it from the perspective of the landlord, he's now got at least one (but probably several) tenants that are saying to him "It's not safe here - we've moving." It'd be easier to get rid of you.

So... what are you on the hook for? Any physical damages. The neighbor can sue you for anything, of course, but any real cost they've incurred as a result of this incident will come straight out of your pocketbook. If they go see a therapist for a month, guess who gets to pay for that?

You know your neighbors better than we do. If the neighbor smiles and says "Thank God nobody was home" and "Don't do that again, ok?" you're probably ok. If they don't talk to you? I'd be concerned. Moving certainly won't protect you from any direct damages that they assume as a result of this, but perhaps if you went to them and your landlord and said "Look, I know this must have bothered you tremendously. I'm very sorry and wanted you to know that I'm moving at the end of the week. I realize that it would be difficult for you to feel safe here after this regrettable incident, so I wanted you to know that I've removed the guns from the premises and am moving on the 15th."

Maybe that will stop them from seeking counseling or other therapy that you could very well be on the hook for.

Or you could just cross your fingers, keep your finger off the trigger, and hope nothing bad happens.

 

[TX1911fan]

Someone above said something about mental anquish. That would be tough without any actual injuries or damage, but they could try. You are really just on the hook for physical damage, and you probably could be charged for discharge of a gun in city limits (depending on the law in your area).

On pulling the trigger, I think illustrates a big problem I have with a lot of people and a cocked hammer. For example, I was at the range the other day, and the range officers have started a new procedure of checking everyone's guns during a cease fire. He got to mine and said "the hammer is cocked, why?" I looked at him funny and said that it is always cocked, and he just shook his head like I'm an idiot. I NEVER lower the hammer on a pistol UNLESS it has a decocker. I don't see any reason to do it, unless I am firing the weapon. It is my opinion that most negligent/accidental discharges happen because people get so used to pulling the trigger to drop the hammer on an empty chamber that they get lazy, and one time, there will still be a round in the chamber and kaboom.

How about you guys. Do you pull the trigger to lower the hammer on an empty gun, or do you leave the gun cocked like I do?

 

[Sam1911]

How about you guys. Do you pull the trigger to lower the hammer on an empty gun, or do you leave the gun cocked like I do?

If you ever compete in IDPA, USPSA, or most other practical or "action" shooting sports, that won't fly.

The end of every string of fire is, "Unload, Show clear, Slide forward (or close cylinder), and Hammer Down", and Holster or words to that effect. You don't leave the firing line without having pulled that trigger to PROVE that the gun's chamber is empty. (Which is why you aren't allowed to use the decocker for that command, either.)

It's a very good system. It may not be neccessary when you're storing your guns in the safe, but on the range it makes sense.

Now, if you're shooting rifles from the bench or basically any time your guns will be laid on the bench to go "cold" -- then actions locked open (with bore flags, if possible) is even better, but when you're on a range where guns are either in use or in a holster, that doesn't work.

I would expect to get corrected if you holster a gun and leave the hammer cocked while walking around the range. Being able to see an empty mag well and a hammer down is a comforting and easy check so that everyone can see that you remembered to clear that gun before going "cold." (Yes, yes, DA pistols can still "defeat" this safety plan to a degree. That's still how it's done.)

-Sam

 

[catspa]

mcdonl: It is probably a bad idea, but I would be inclined to leave a small gift and a note to my neighbor.

Yeah, like maybe a box of ammo and the note could read, "I won't press charges if you want to fire a round into my kitchen..."

Or a drywall repair kit from Home DePoo.

Parker

 

[mcdonl]

mcdonl: It is probably a bad idea, but I would be inclined to leave a small gift and a note to my neighbor.

Yeah, like maybe a box of ammo and the note could read, "I won't press charges if you want to fire a round into my kitchen..."

Or a drywall repair kit from Home DePoo.

Parker

Dont underestimate common coutesy. If you do someone wrong, say your sorry. They don't have to accept it but they cannot hold it against you either.

 

[Boba Fett]

I NEVER lower the hammer on a pistol UNLESS it has a decocker. I don't see any reason to do it, unless I am firing the weapon. It is my opinion that most negligent/accidental discharges happen because people get so used to pulling the trigger to drop the hammer on an empty chamber that they get lazy, and one time, there will still be a round in the chamber and kaboom.

How about you guys. Do you pull the trigger to lower the hammer on an empty gun, or do you leave the gun cocked like I do?

Doesn't matter because I ALWAYS CHECK MY FIREARMS.

But yes, I do pull the trigger to lower the hammer...AFTER CHECKING THE FIREARM.

On the 1911, I don't just let the hammer drop, I pinch the hammer and pull the trigger and let it down softly. Other pistols I use the decocker. Rifles, I pull the trigger. AFTER CHECKING THE FIREARM.

I always check, EVERY time a firearm is in my hands, even if I checked it five minutes ago before I left the room for a Coke. When I come back, firearm gets checked again. And I make sure those around me check as well. If they pick up a firearm and don't heck it, I'll read them the riot act. Even if I checked it first, when it enters their hands, they should check it.

 

[Yo Mama]

anyway i had done alot of work on my eaa ak47 so i was showing him that

Then you knew what you were doing. :banghead:

Someone above said something about mental anquish. That would be tough without any actual injuries or damage, but they could try.

Actually with a good lawyer they would have every right to sue, and would win.


Sorry OP, I know it won't happen to you again. I wish you luck.

 

[hso]

What does your landlord say?

You should pay for the repairs to both apartments and leave a written sincere apology to the neighbors. Explain that the firearm will be in a partially disassembled condition to prevent any possibility of such an act of negligence ever happening again.

You should also start looking for another place to live.

 

[rainbowbob]

Why did you pull the trigger?

stupidity? not really a helper comment

The most important question in this thread is dismissed by the OP as not being helpful.

The title of the thread is "I need advice."

So I'll try to give you some.

Answering the question above is an important first step in determining how it happened, why it happened, and what you will do to insure it never happens again.

The next question is....why did you pull the trigger without a proper backstop.

Promising to always clear your firearm isn't enough. Heck, you were "sure" you did that this time. You need to re-examine your clearing drill and improve it - and then repeat it - before picking up a firearm and putting your finger inside the trigger guard.

In addition, learning and following the four rules includes being sure of your target and what's beyond - and deciding you are willing to put a hole in it - before your finger ever comes in contact with the trigger.

It sounds to me like you were showing off (something we have probably all done) - but you were not thinking clearly.

And when someone asks you a simple direct question in the hope that you will think carefully about what happened and how to prevent it - you blow it off.

So far, I'm not confident you have learned anything from this.

You seem far more concerned about the legal fall-out than you are about learning how to prevent it from ever happening again.

 

[Jim K]

I think I might also be uncomfortable in that apartment; you know (or believe) that you won't do it again, but they just might not be so sure.

This does provide another answer to the people who keep a rifle as a defense gun in an apartment and insist that a bullet from an AR or AK can't penetrate a wall. (Yes, I have seen that claim - it is dangerous nonsense!)

Jim

 

[pensfan66]

You seem far more concerned about the legal fall-out than you are about learning how to prevent it from ever happening again.

I understand what happened that night and trust me it will never happen again and yes that it was i am concerned about which is why i asked for advice on the legal issues.

Landlord is ok with everthing he laughed and made some jokes.
Neighbors still have not seen them. I am aginst leaving anything written.
Picked up police report today...doesn't seem to been any changes pending and is labled as inactive.

When I was 17 , I had a job driving a forklift and I did real well. Once, I forgot to lower the boom as I was rushing to get another pallet when "BOOM" and the forklift almost flipped over frontwards. Manager walked over and said "everyone gets one KaBOOM, you just had yours." Not the best way to learn how to be careful but no one was injured so the manager was kind to me and I never lost the lesson.
So I say to you, you were lucky that with this KaBOOM no one is worse off for it. You have no excuses left though.
Rule # 1 is especially valid for you.

Looks like i got my 1 KaBOOM