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John Collins wrote:
The jacket he was wearing never made it to the back of his chair. The gun discharged as he was taking the jacket off to put it over the back of the chair.
Its possible the trigger caught the edge of the chair arm just right.
The empty case was still in barrel and never ejected.
I disagree.Liberty wrote: If you are travelling and that is your defense. There is no requirement to having your handgun concealed.
I would PAY to see someone go before a judge with your reasoning. "Your honor, I know I don't have a CHL when the LEO pulled me over, but the braking force of the car caused the towel that was covering my gun to move. Thereby exposing the gun when the officer walked up. Therefore, my gun was CONCEALED. It is immaterial that he saw it then, because it was cover when I was travelling. So I was not UCW."casingpoint wrote:seamus wrote <<<Actually, the pistol was not concealed at the time that it discharged. If it had been in a holster, the incident probably would not have happened.>>>
The pistol was concealed until Mr. Marks lost his control over it and the gun fell to the floor and discharged. This is an accidental discharge of a concealed weapon. The fact that it was unconcealed when it actually fired is immaterial. What determines is how it was being carried when it went out of the owner's control. If it had NOT been carried concealed, but in the open, Mr. Marks or a bystander might have noticed the gun in a precarious condition and prevented the unwanted discharge.