Who's had a 'negligent discharge'??

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That’s cherry picking a small part of the common definition of accident.

Accident, noun:

1) an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury.

2) an event that happens by chance or that is without apparent or deliberate cause.

Your definition is only the part I made yellow, but as you can see there is a lot left out if you just look at the yellow text.

Negligence has both a common and a legal definition.

Common: failure to take proper care in doing something.

Legal: failure to use reasonable care, resulting in damage or injury to another.

In the common definition we see the word “proper” which is a subjective judgment. You can refer to anything, including intentionally shooting a chosen target, as negligent if your personal idea of “proper care” is strict enough. For example someone could believe that shooting edible objects as targets for fun is not proper care of food and so everyone who shoots melons and pop bottles is by that standard negligent. They aren’t wrong, they just have different values.

Many of the stories posted here meet the common definition of negligence, as long as “proper care” is defined as following all four rules at all times. That doesn’t mean they aren’t accidents as well.

As for the legal definition of negligence, a few of the stories posted here meet that definition, but it isn’t the majority.

Whenever you have ambiguous words that can have different meanings, and “negligent” with its combination of a common subjective definition and a legal definition that has a specific meaning certainly qualifies as ambiguous when used in an online forum post, there is wisdom in thinking carefully before using that word. There are alternatives such as “unintentional” or “accidental” that are less prone to being twisted to an unintended meaning.

Can’t say I disagree with any of that.
 
Yep. 30 years ago lowering the hammer of a .22 FIE single-action revolver. My thumb never left the hammer but about a third of the way down the spring took over. Shocked the hell out of me, but yes, I was following the 4 rules. If nothing else, it cemented the importance of that. Put a, well, .22-sized hole in the drywall of the house I was renting but no other visible damage. Fixed the hole with toothpaste. Ah, Youth...
 
The longer we are associated with firearms the more natural it is to become complacent.........until.......... Never, EVER rely on "I Always" or "I Never" relating to firearms handling......NEVER!

Some 40 years ago, by burning the candle at both ends, I was taking advantage of some very flexible hours operating a new to us mom & pop business from home. The new business allowed me to hunt Tue. evening, Wednsday and a couple of hours Thursday morning. Then I could drive up again Friday night and hunt all day Saturday and Sunday mornings. Sure beat shift work!;)

First off, a let me state that for many years, in the interest of safety, when I ended a hunt, I always unload my rifle and place it in a hard case. When I get home, I always take the rifle out of case, wipe it down and put it in the safe.........except that one Thursday, as I moved my rifle from hunting car to the truck, it was raining, so, hurrying to get the rifle out of the rain, I pushed the rounds down into the magazine and cased the rifle with every intention of unloading it inside my dry garage at home. As I drove into the garage several hours later, my wife met me at the door and said a customer was on the phone who needed to talk to me. I immediately shifted gears from hunting mode to business.

One thing led to another and the next time I thought about hunting, or the rifle was Friday evening; as I was preparing to leave for hunting camp. I remembered that I had not wiped down my rifle and it had been exposed to a light drizzle so I'd better wipe it down before leaving, as it was still cold and drizzling rain.

My truck was a tight fit in the garage, had a topper on it, and the light was very poor at the tailgate as I removed the rifle from the case, gun chamois in hand. Space was cramped, I couldn't point muzzle down, so next safe direction was muzzle up, Wiped down, I closed bolt and pulled the trigger.....on a 300 Win Mag. :what: The muzzle flash in the darkened space was blinding and I thought the ringing in my ears would never quit.

My first thought was, if the 180 grain NP had hit the 4x8 joist, supported by a double wall brick pillar beside the truck, it could exit the joist in any direction but my wife immediately rushed out the back door into the garage to see what all the ruckus was. She was fine, next I worried the bullet might exit the roof in the direction of town.

Well, they say the good Lord takes care of fools and the mentally impaired, and He certainly did that evening! The bullet struck the end of a brick in top row of pillar, penetrated to the first hole in the brick and blew entire end of brick back out as small pieces along with tiny pieces of brass & lead, the remains of the Nosler bullet which I found on top of the topper door, which had protected me from the backblast.

Did I mention, I always unload my rifle in camp before putting it in the case, and I never leave a rifle cocked, and I never snap the trigger to ease mainspring, I always pull the trigger on a bolt gun with the bolt open, then ease the firing pin down by closing bolt while trigger pulled. So much for always and never.

The good news is that, since that night, I make it a habit to open bolt and insert my finger into the chamber on every firearm I pick up.....but I will refrain to say always.

ETA: This one was a negligent discharge. Only other one was the very first round through a brand new Remington 40XC which fired when I disengaged the safety in 1985 or so....THAT ONE was an accidental discharge due to mechanical malfunction; fortunately the rifle was pointed toward the backstop.

Regards,
hm
 
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I've had one that I can honestly call accidental, since it was the result of mechanical failure -- a deformed sear in a .22 rifle that caused the rifle to fire when the bolt was closed. Fortunately, it happened on the range with the rifle on a rest and pointed downrange.

The other was borderline negligent. At the end of a long day of trapshooting in the hot sun, I shouldered my shotgun, put my finger on the trigger, and then called "pull" and pulled the trigger simultaneously. I can't explain why I did it -- overtired, psyching myself up a little too hard maybe? The squad leader gave me a funny look and asked me if something was wrong with my gun. I told him no, that it was me, and that was the end of it. The gun was pointed downrange and all, so no harm, no foul. Still bothers me to remember though -- to have had a gun in my hands and had even that little bit of loss of control.
 
When I was 12/13 years old I had a negligent discharge and almost killed my best friend. I became ABSOLUTELY ANAL about firearms safety because of it. Guns scare me a little and as long as they do I'll stay safe.

There were two other incidents that happened while I was shooting on the range that I'm not sure exactly fit the definition but they scared the Hell out of me.

Both times I had finished shooting. I dropped my magazine, racked the slide, pointed the gun down range at the berm and pulled the trigger to decock the striker and BANG!!!!! I still don't know what happened. I think it was a failure to extract(?). Either way the gun isn't unloaded until I see daylight in the chamber. Every time I inspect the chamber I hear Kathy Jackson saying "Physically check the chamber your eyes can lie!".

The only other ND I was even tangentially involved in was an NCO at NTC who accused me of putting a blank round in the chamber of her M16. While she was ranting at me I told her that if she picked up that weapon without checking the chamber it was 100% on her. She was doing the fish out of water thing while I was walking away and I never heard another word about it
 
I've told this story to THR members before but I believe it needs repeating. 50 plus years ago. Not a negligent discharge but negligent none the less.

Old rock quarry by my house was a perfect habitat for snakes. Older fella in town made belts and hat bands from snake skins and paid up to $5 for a good size snake skin. In the evenings when it was warm and the snakes would be coming out to hunt I would walk down to the quarry a couple of times a month with my trusty .22 bolt action fitted with a Tasco scope.

One evening I was in the quarry and saw a big diamondback head poke out of a pile of rocks about 15 feet way flicking his tongue and looking around. I lined up a quick shot and squeezed the trigger. The pain in my shoulder was instantaneous. It felt like someone hit me with a baseball bat.

Took me a minute to figure out what happened. I missed, of course, with the .22 Short, yes short, ricocheting off the rock behind it and angling back hitting me above the rifle stock in the right shoulder, just to the right of my arm pit, fracturing my humerus. The bullet then split into three pieces where it still remains. It was a long walk home and a longer ride to the hospital.

Lessons in life come hard sometimes. Always know what's behind your target before you pull the trigger.
 
One of my early mentors when I first went on active duty told me once, "Anyone who's been around guns for a while, there's two kinds of shooters. Those who've had an accidental [that's what they were called then, prior to the "negligent" word] discharge, and those who lie about it."

Once upon a time, I had one, during my first marriage, I bought my wife a PPK/S, came home from work on a Friday, July 3, she was still at work, I didn't know she'd actually loaded the mag and chambered a round, took the pistol out of the nightstand 'cause I'd had a couple cocktails and wanted to fondle the cool new gun I'd bought her, pointed it at the ceiling, and pulled the trigger ...

Thank the good Lord it was the day before the 4th and no one worried about a loud bang (I was living in base housing). Also a good thing I had some spackle on hand for the ceiling. My dog, on the other hand, never forgave me.

I learned three important things, one of which was, all guns are always loaded, always have spackle on hand, and German Shepherds don't like gunfire in the bedroom.

Actually -- the most important lesson: alcohol and firearms do not mix. Ever.
 
Had one over 20 years ago after mounting the scope on my 10/22. Then took it to the range and fine tuned the zero on it. While packing up to leave I wasn't paying attention to what I was doing because I was busy talking with another shooter. Put it back in the case with a chambered round and the safety off. Got home; took it out of the case down in the basement, (thinking it's empty), and shouldered the gun to look through my new scope again. Had my finger on the trigger and was studying the scope reticle ........BANG....... Shot the basement wall. No real damage but I sure learned a lesson....... Don't get distracted and make 100% sure the gun is clear when you are done with it and go to put it back in the case.

Not just when you put it away but evertime you pick it up too. Always check that chamber twice.
 
I came home to an empty tent at the end of a long riding day, the wife and kids gone as they went on a once a week mail/wash clothes/visit family day back at Noorvik while the weather was good and apon the bed was a cleaned Marlin Youth rifle,a single shot .22LR that is exceedingly light and accurate, known around the family as very handy, hanging on its place on the bench with the bolt left out and set on my work box.
Fast forward an hour and a Cherry Red Fox outside needed to be converted into Fur, so what did I do? I put the bolt in the Marlin and put a shell in the chamber, and closed the bolt, -BLAMMO!!_ right through some hanging shirts and pants and out the side of the tent.
Many an expletive went through my mind as first thought about the bolt having been out, so as the bolt opened, I noticed the shell remained in the chamber and apon removing the bolt, found the extractor broken off and now serving as a very dependable firing pin.

The next day Agnes pulled up and as we unloaded the sled, she commented about the .22, saying that it had started with shooting some Ptarmigan with one of the kids the day before, as a a shell stuck in the chamber that had fallen out easily, so when she put another in, -BLAMMO!- Ill admit she was smarter than I with taking the bolt out, but dang......
 
Skeeter Skelton did a column years ago about negligent discharges. Bottom line, he said if you handle guns enough there are two types of people. Those that have had them and those that are going to have them. He related how he broke his mother's mirror practicing his fast draw.

That's why rule #2 is so important. Safe direction and you may be embarrassed but no one will be hurt.
 
Interesting take. I’m not sure I agree, can we chat about it? In my mind, other than a defective firearm or a runaway gun, every discharge of a firearm is the result of something the shooter failed to do (or so correctly) and would have been easily prevented had the action been taken or done correctly.

To me, the word accident implies something that happens without apparent cause and/or there was nothing that could have been done to avoid it. To me it’s different from unintentional, which implies you hadn’t planned on the thing happening but it did. Accidental to me would apply to the cases of a defective firearm, the operator of which did everything as they should have but the gun discharged.

Contrast that with Negligence. To me that means the operator failed to take basic proper action when handling the firearm and in so doing, discharged the firearm. Negligence to me implies that whether you meant to or not, the discharge was the direct result of something you did or failed to do and would not have happened had you done/not done said thing.

That’s the way my brain, as it is right now, constructs things. Is there a flaw in that logic?

Yup, I agree...not looking to get into a semantics debate..I think those who have responded, for everybody's education, know what I mean..no need to get a 'jury' involved.
 
Just remembered another one. I let my cousin borrow my rem700 .270 so that he could hunt with his girlfriend who was going to be using his .243 (also a rem700). He has a thing about leaving a bolt cocked so he pulls the trigger with an open bolt and then very gently closes the bolt letting the cocked bolt release tension. Apparently my rifle disagreed with that practice and put a bullet into the ground beside his girlfriends feet. They never hunted together again.
 
Skeeter Skelton did a column years ago about negligent discharges. Bottom line, he said if you handle guns enough there are two types of people. Those that have had them and those that are going to have them. He related how he broke his mother's mirror practicing his fast draw.

That's why rule #2 is so important. Safe direction and you may be embarrassed but no one will be hurt.

It sounds well and good but it's a lie.

With the number of gun owners in this country it would be impossible for that statement to be true.

I've been shooting almost 50 years. I haven't had one yet.
 
My only negligent discharge was one day when I was at the rifle range by myself so hot/cold was all in my mind. After shooting a few groups and checking targets I was thinking about something and I went 'Hot' without putting my ears back on. That 260Rem with muzzle brake shot from under a steel roof taught me a valuable lesson about how loud a rifle can be.
 
July, 2008. Coming back to firearms after a hiatus of almost two decades (had more to do with having a first baby due and taking a stand on responsibility for protection than with the then-upcoming Presidential election.)

I owned several guns, about five of which were handguns, and had already been to the range to fire a few of them. One night, I took out Jennings J22 I'd owned since 1987, a gun I "knew" I never kept loaded, and decided to give it a dry-fire one time. I racked the slide to set the striker, pointed it in a safe direction, and pulled the trigger. Instantly, the ringing in my ears and the acrid smell setting off my nose told me I had made a big mistake. To make it worse, I suddenly realized that this meant that the gun was ready to "go again", loaded, cocked, and safety off. I quickly remedied that.

The empty case is still on my desk (buried in clutter by now, but I know it's there) as a reminder.
 
Two NDC's. One while closing the bolt on an early (1963) Remington 700 ADL and another one taking the rifle off safe, same rifle. It now has a Timney trigger/safety and a perfect safety record ever since. Luckily the rifle was pointed in a safe direction when they happened.
 
Two NDC's. One while closing the bolt on an early (1963) Remington 700 ADL and another one taking the rifle off safe, same rifle. It now has a Timney trigger/safety and a perfect safety record ever since. Luckily the rifle was pointed in a safe direction when they happened.

Very possibly a FORS (fire on release of safety) would be an accidental discharge (caused by mechanical issue) rather than a negligent discharge (caused by operator error), assuming your finger was not on the trigger. Remington recalled 700's with Walker triggers for that issue.

Regards,
hps
 
I knew a guy who stored a live firearm in a firearm case in the closet. One day this guy and opens the case and wondered "why is the hammer back on this firearm? He squeezes the trigger and promptly puts a 9mm round through his palm missing all vitals between the ring and pinky finger base. The 9mm went through his hand, the pillow case, pillow, headboard, drywall, insulation, exterior wall and vinyl siding exterior. As far as he knows that bullet is still traveling somewhere.
He failed on all accounts when it comes to the four rules of gun safety.
That guy was me so don't let it happen to you.
 
Two:

One was a slam-fire. AR15, dropped the bolt, Bang. Put a round into the berm.

The other was with a Beretta Tomcat. I had finished shooting at the range. I cleared the gun (or so I thought), dropped the hammer, Bang. Put a round into the berm.

The little Tomcat has no extractor. So, racking the slide doesn’t clear the chamber. Oops. Later, I heard someone say, when you look to see a round in the chamber and you see one you don’t notice that anything is wrong. You need to look for an empty chamber, so if you see a round you will notice, stop and clear it again. I don’t know if its true, But I try to look for an empty chamber.
 
I remember my dad telling me a story about how he and my uncle shot my grandpa's new TV with a bb gun. This happened in the late 70s. They were doing force on force. Thought it wasn't loaded. And a nice bb sized hole in the corner of the screen. TV still worked. But he was mad.

Fast forward a few decades. Living in VA. My son snuck into my room while my wife was sleeping. Grabbed my G22 and out a hole in the wall. He was 4 when it happened. That scared me so bad. Went and bought a safe next day.

My grandpa put a 3006 through the roof of his job. Boss brought it in for all to see. Handed it to him. He didn't check it. Kept his job.

Guy I was working for had a pistol grip Mossberg 500 with rubber buck. Had it hanging on the wall. His son got ahold of it. No one hurt. Thankfully I wasn't at work at that time.
 
BTW, in both my garage and by my gun/reloading benches in the basement I keep a lidded 5gal bucket containing 50lbs of sand.

Whenever I am inside the house and have to rack a handgun slide to load a round into the chamber, the pistol is pointed at one of those bucket lids.

Just in case. :)

--------

You can also keep one in, say, a bedroom closet as they don't take up much room. ;)
 
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