Update on our Negligent Discharge case...

[stevie_d_64]

A few months ago we had an incident at the George R. Brown Convention Center involving a negligent discharge of a handgun at one of the vendor tables...

From the best that I can recall, this person was not arrested, but they were charged with one (1) count of "Deadly Conduct"...Thats it...No one else was injured except the person involved, a minor hand injury...

This person had just renewed their Texas CHL, and had that confiscated at that time by the invesigators along with their firearm(s) they had on them at that time...

From my perspective, in paying close attention to this incident, it was apparent to me that all parties involved, the defendent, investigators, along with the judicial side of this handled themselves with the upmost decency to get the situation resolved...

As of yesterday, I was informed that the case (that was handled in civil court) has been dismissed, and that all property has been returned, and the return of their CHL is pending, but will happen, due to some administrative paperwork needing to be done to finish that aspect of the case up...

Other than the legal fees paid, this appears to be the only financial hit on the defendent...

Obviously the injury will be a reminder to this person for a very long time, and that I still believe that this kind of thing can happen to anyone of us...

This is a case that we need to keep in mind for a while, and reflect on what we can do from a personal standpoint, to apply the lesson learned and do our best to not have this happen to us in the future...

[barres]

The gun show was posted PC30.06 by the organizers of the event who leased the GRB. But the perp/victim (not sure which to use in this case) was not prosecuted for violating it, either because the GRB is government owned keeping the 30.06 from being enforceable, or because the prosecutor chose not to pursue it, and we all know how Chuck Rosenthal feels about guns in citizens' hands. Does anyone care to point this out to Frankie?

[Venus Pax]

As goofy as this guy's actions were, I don't think he meant any harm. I'm glad he's getting off.

[stevie_d_64]

The gun show was posted PC30.06 by the organizers of the event who leased the GRB. But the perp/victim (not sure which to use in this case) was not prosecuted for violating it, either because the GRB is government owned keeping the 30.06 from being enforceable, or because the prosecutor chose not to pursue it, and we all know how Chuck Rosenthal feels about guns in citizens' hands. Does anyone care to point this out to Frankie?

By all means...I'm hip to the idea...

He'll probably say that the "organizers" were wrong, in not prosecuting the defendent...

We'll see...

[KBCraig]

As goofy as this guy's actions were, I don't think he meant any harm. I'm glad he's getting off.

I think he paid the tax on stupid. I'm just glad he paid it personally, instead of someone else paying it.

[Taz65TX]

I can understand your feeling on this if he intentionally brought a loaded gun into G.R.B.
But, what if he didn’t, what if he had 2 guns that are similar? And one of them gun that he brought to G.R.B. to have worked done? What if? From what I’ve heard from the attorney Don Philips & Tom Nixon, there were 2 Glock 23 that he had with him. He had forgotten about the other one and things happen from there. There’s still allot of unknown. I don’t think anyone who wants to shoot themselves in the hand intentionally.

Do you remember the ex-basketball coach of the Houston Rockets, Rudy T.? He was caught for having a loaded gun in his carryon luggage at the airport. He got off on that. He just forgot.

You don’t think it can happen to you? Here’s one:
http://www.thefiringline.com/forums/sho ... p?t=254025

[shaggydog]

I can understand your feeling on this if he intentionally brought a loaded gun into G.R.B.
But, what if he didn’t, what if he had 2 guns that are similar? And one of them gun that he brought to G.R.B. to have worked done? What if? From what I’ve heard from the attorney Don Philips & Tom Nixon, there were 2 Glock 23 that he had with him. He had forgotten about the other one and things happen from there. There’s still allot of unknown. I don’t think anyone who wants to shoot themselves in the hand intentionally.

Do you remember the ex-basketball coach of the Houston Rockets, Rudy T.? He was caught for having a loaded gun in his carryon luggage at the airport. He got off on that. He forgot.

You don’t think it can happen to you? Here’s one:
http://www.thefiringline.com/forums/sho ... p?t=254025

Correct me if I'm wrong but I don't think that I Forgot is a defense if a NG results in a death or serious injury. If we accept the right to own and carry a weapon then we, by default, must accept the consequenses of our actions i.e the responsabilities that come with the exercise of any freedom. Therein lies some of the problems with the mindset of the liberal. They want the freedoms but are unwilling to accept that one has to be PERSONALLY responsible for their exercise.

[Taz65TX]

I agree with you on accepting their consequences and responsibilities.
But can you tell me, you never made a mistake in your whole life? Are you perfect? You never get distracted?
Just like here, it said "Humans make mistakes".
http://www.texasshooting.com/TexasCHL_F ... php?t=1801

THE WHOLE POINT TO THIS IS JUST HOPED WE LEARN FROM OUR MISTAKES INSTEAD OF THINKING WE ARE GOD.

[KBCraig]

I can understand your feeling on this if he intentionally brought a loaded gun into G.R.B.
But, what if he didn’t, what if he had 2 guns that are similar? And one of them gun that he brought to G.R.B. to have worked done? What if? From what I’ve heard from the attorney Don Philips & Tom Nixon, there were 2 Glock 23 that he had with him. He had forgotten about the other one and things happen from there. There’s still allot of unknown. I don’t think anyone who wants to shoot themselves in the hand intentionally.

I've received a PM about the incident from someone who knows a lot of the inside information. The background facts really don't change the seriousness of what happened.

Whether he knew he had two pistols (one loaded, the other unloaded), or if he completely forgot and grabbed the wrong pistol, he still failed to follow basic safety procedures by not clearing the pistol before trying to disassemble it.

The injury, the embarrassment, and the legal bills are what I called the "tax on stupid". I don't think there needs to be any further legal action, because you can guarantee he'll never forget the lesson he learned.

[shaggydog]

Taz - I agree that humans do, and always will, make mistakes. That is a given. There has not been another perfect person on this earth in the last 2007 years. I'll make this one point and then stop as we seem to be a bit off topic - Perhaps it is my old age/seen too much/becoming too cynical/just palin tired/etc. showing but I seem to see more and more of the "he made a mistake so let's give him a break" attitude with little, if any, initial consequenses. This ranks up there with the "don't spank your child as it will only anesthesize them to violence thereby promoting their proclivity to violence" mind set IMO. Intentional/unintentional doesn't matter. Once you pick up the weapon you have automatically accepted the fact, whether you want to or not, that you are totally and completely responsible for what happens with that weapon and you should neither expect nor be afforded any type of rationalization for your actions should they be careless.

Enough of an old man's rants.

[seamusTX]

Taz - I agree that humans do, and always will, make mistakes. That is a given. There has not been another perfect person on this earth in the last 2007 years.

Didn't He have something to say about repentence and forgiveness?

I'm sure the person involved in this incident paid plenty for lawyers and possibly medical treatment, and has repented plenty.

- Jim

[shaggydog]

Taz - I agree that humans do, and always will, make mistakes. That is a given. There has not been another perfect person on this earth in the last 2007 years.

Didn't He have something to say about repentence and forgiveness?

I'm sure the person involved in this incident paid plenty for lawyers and possibly medical treatment, and has repented plenty.

- Jim

HE did indeed and if I were anything remotely like HIM, and I truely wish that I could be, I would be able to do the same more readily. I don't know the circumstances of this particular incident but if it was minor, and it sounds like it was, then you are probably right in that he has anguished enough. I stand by my inital premise however.

Feeling like a very old shaggydog today.

[Taz65TX]

Your words are very wise, Shaggydog.

But I don't think he is getting away scott free. From what I've heard all the cost of the attorneys and medical bills and not forget the injury. I sure a person that goes thru all of these will learn. If not, God help him.

I have spoke to experience shooter & read up articles on LEO that had AD/ND. There are some that are mention on this blog. One incident of Houston SWAT officer had AD/ND in the locker room a few years back and shot his buddy. It happen folks.

Knowing how common this is makes me more aware to gun safety and avoid the same mistakes. I’ve learn from this incident. Hope u do too. That’s all I’m saying.

[stevie_d_64]

I'm glad this discussion I started hasn't gotten to heated...There are certainly lots of opinions and ideas about what happened...

My intention was to instigate in those willing to take the challenge to take a good look within, evaluate again how important safety is in what we do, because its obvious what we do is inheirently dangerous...That almost goes unsaid...

The book could have very well been thrown at this guy, and he knows it...

And having knowledgable representation is worth every penny if you run into a spot like this...

I believe it is clear that the individual that was involved with this understands fully the example they have laid out before us...I certainly have learned from it, and I believe others have as well...

Its not often we have something like this happen, this close to our group...

I for one will shoot with this person anytime in the future that an opportunity arises...Thats why I believe its important to stick together, and raise everyones awareness and be mindful of the dangers of what we do...

And dag-gummit! Still have some fun while we do it...

[Renegade]

The gun show was posted PC30.06 by the organizers of the event who leased the GRB. But the perp/victim (not sure which to use in this case) was not prosecuted for violating it, either because the GRB is government owned keeping the 30.06 from being enforceable, or because the prosecutor chose not to pursue it, and we all know how Chuck Rosenthal feels about guns in citizens' hands. Does anyone care to point this out to Frankie?

30.06 is not enforceable at a gun show, because you are not carrying under CHL law, but under non-applicability of 46.15, just LIKE YOU WERE BEFORE you had a CHL.