2323.30 - Discharging weapons

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Re: 2323.30 - Discharging weapons

Postby Brian D. » Thu Aug 20, 2015 1:54 pm

Yeah Mike I sort of forgot about that aspect when I inquired as to particular firearm ALLEGEDLY involved. Hopefully the OP has left the building here for a while.
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Re: 2323.30 - Discharging weapons

Postby BobK » Thu Aug 20, 2015 1:59 pm

schmieg wrote:There is an ongoing criminal case here. The OP should not be saying anything without counsel's approval and attempting to get him to admit anything is not helpful. We really shouldn't be discussing this until facts are know and, if the OP is smart, no more facts will be known until the case gets to trial. I think this should be locked if this continues.

I totally agree.

I would also like to point out that greeting a brand new visitor with contempt/scorn/rebukes and similar is not only rude, but it certainly doesn't help to attract him or other newbies to stay and visit.

To the OP, I'd like to say WELCOME, and hope you can ignore some of the sanctimonious lectures and feel welcome to participate.
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Re: 2323.30 - Discharging weapons

Postby steves 50de » Thu Aug 20, 2015 5:58 pm

pjmurph wrote:
TheLawOwnsMe wrote:Upon leaving the store and getting in my truck, I remembered and decided to take the one out the chamber. For legal reasons it makes less sense for me to get into what I remember of this. Suffice to say, I moved my hand in its direction and it went off. It shot me in the foot. Here, I really wouldn't say that I discharged or caused the gun to be discharged. That would mean I meant to shoot it in the direction of my foot. What if something fell into place causing it to go off. What if the gun had fallen and went off?..... I've never seen the firearm so i don't know if there was a malfunction of the firearm or cartridge. I know for a fact that manual safety failed.



You absolutely caused the gun to discharge. Saying that "it shot me in the foot" is the same as gun grabbers saying that those assault weapons are evil. YOU shot YOURSELF in the foot, do not blame an inanimate object for your negligence. You may not have intentionally fired the round but you absolutely caused that round to fire, due to negligence. I'm not sure what you mean by you have never seen the firearm. Also, the manual safety did what you made it do. Would you blame your parking break for failing when you left your car in neutral on a hillside?

Many NDs occur as a result of unnecessary handling of a loaded weapon, which appears to be the case in this situation. My best guess of the events is as follows:
You remembered that you had a round chambered and wished to remove it. Your firearm has a manual safety, and many firearms require the manual safety to be disengaged in order to rack the slide. You disengaged the manual safety and attempted to remove the round from the chamber. You likely put your finger inside the trigger guard and onto the trigger as you went to rack the slide. You tensed up as you went to rack the slide and in doing so pulled the trigger, discharging the firearm sending the round downward and into your foot.

As stated above, there is a possibility of a mechanical malfunction in your firearm, but that is the exception not the rule. Based on your explanation of the situation and your handling of your firearm I would guess that you fall under the category of "the rule".

Can i use your crystal ball when your done with it. :roll:
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Re: 2323.30 - Discharging weapons

Postby TJW815 » Thu Aug 20, 2015 6:03 pm

Hope your foot heals well.
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Re: 2323.30 - Discharging weapons

Postby pjmurph » Thu Aug 20, 2015 6:19 pm

steves 50de wrote:
pjmurph wrote:
TheLawOwnsMe wrote:
Can i use your crystal ball when your done with it. :roll:


No crystal ball being used here, I clearly said that was my guess about what happened. What got me frustrated is in the OPs limited posts he took zero responsibility for what happened, it was the guns fault. As someone who has seen the devastating result of an ND caused by ignorance of firearms handling I have very little patience for someone who is unwilling to consider the fact that maybe they just screwed up.
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Re: 2323.30 - Discharging weapons

Postby docachna » Thu Aug 20, 2015 8:15 pm

schmieg wrote:There is an ongoing criminal case here. The OP should not be saying anything without counsel's approval and attempting to get him to admit anything is not helpful. We really shouldn't be discussing this until facts are know and, if the OP is smart, no more facts will be known until the case gets to trial. I think this should be locked if this continues.


Like he said.

This helps no one, and least of all, the OP.
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Re: 2323.30 - Discharging weapons

Postby MyWifeSaidYes » Thu Aug 20, 2015 10:14 pm

It's hard to avoid snarky retorts when faced with comments like this:

... I moved my hand in its direction and it went off. It shot me in the foot.



If your gun is going to discharge by itself, your gun sucks.

If you are not capable of safely handling a gun with a round in the chamber, your training sucks.

If you are not capable of taking responsibility when you screw up, ... :wink:
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Re: 2323.30 - Discharging weapons

Postby xd9allthetime » Fri Aug 21, 2015 11:58 am

BobK wrote:I totally agree.

I would also like to point out that greeting a brand new visitor with contempt/scorn/rebukes and similar is not only rude, but it certainly doesn't help to attract him or other newbies to stay and visit.

To the OP, I'd like to say WELCOME, and hope you can ignore some of the sanctimonious lectures and feel welcome to participate.


A big hearty +1 to Bob's comment. To all of the uber trained ninjas in here who have never made a mistake handling a firearm, God bless you, we need more shining examples of perfection just like you.

To the OP...living with an LVAD is no simple task and having the life changing diagnosis requiring one to live I'm sure had a dramatic impact on you and your family. I hope you heal quickly and contact a good lawyer to help you with this.
Great minds think alike, unfortunately so do stupid ones...
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Re: 2323.30 - Discharging weapons

Postby fisher » Sat Aug 22, 2015 10:08 pm

Welcome.

I hope this all gets cleared up, and you heal well.
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Re: 2323.30 - Discharging weapons

Postby schmieg » Sat Aug 22, 2015 10:34 pm

MyWifeSaidYes wrote:It's hard to avoid snarky retorts when faced with comments like this:

... I moved my hand in its direction and it went off. It shot me in the foot.



If your gun is going to discharge by itself, your gun sucks.

If you are not capable of safely handling a gun with a round in the chamber, your training sucks.

If you are not capable of taking responsibility when you screw up, ... :wink:

Sometimes, snarky comments are useful and sometimes fun, but, in this case, considering the seriousness of the problem and a new user unfamiliar with the forum, snarky comments are counterproductive and should be retained in your mind for a later time.
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Re: 2323.30 - Discharging weapons

Postby Mustang380gal » Sun Aug 23, 2015 7:28 am

Because this involves a criminal case and it is better for as little detail to be publicly disclosed, I am going to lock this. His question has been answered.

To the OP, please feel free to join in other topics on the forum. After you have 5 posts, you will be able to send private messages. Keep Chuck, BobK and schmieg in mind if you have more questions about your case.
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