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God forbid, even those of us who choose to show that we have "Justice" on our side take responsibility for our actions, instead of use legal jargon to weasel out of a negligence of the 4 basic firearm safety rules.


This thread is very telling.

Deltaboy wrote:That is an example of a Act of Stupid.

Fixed that for you

Excaliber wrote: I think you have a valid point.

My question is: how do you reconcile this position with your earlier statement that all unintended discharges are the result of negligence stemming from a failure to adhere to the 4 rules of firearms safety? This would appear to place responsibility for all unintended discharges, including those caused by manufacturing missteps, on the operator of the gun at the time of the incident.

I see your point, but if the firearm discharges because you had your finger on the trigger, or didn't clear the weapon, or if you harm / kill someone because it wasn't pointed in a safe direction and only at that which you intended to destroy, the operator is at fault. An UD should never result in the injury of another person, save if the gun's (and only if it can be proven that it's repeatable) mechanics are at fault due to design or manufacturing failure. Even then, it should never be another person.

Excaliber wrote:

APynckel wrote:It will always be negligence of the 4 rules of firearms safety.

Thereby, negligence.

Where would you find negligence cases where the operator did everything right and the gun did not function as designed?

An example would be a slam fire like those that occurred in a few cases with the Springfield XDs before the recall when the gun was pointed in a safe direction and no one was injured? .

As long as the firearm was not modified in a way that would have caused it, then this would clearly be at fault of the manufacturer. Just like in engineering, if something you designed and signed off on fails and kills someone, it's your fault.

It will always be negligence of the 4 rules of firearms safety.

Thereby, negligence.