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View Diary: Preschooler gun victims (16 comments)

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  •  Reckless endangerment (2+ / 0-)
    Recommended by:
    greengemini, Sandino

    From Wikipedia:

    Reckless endangerment: A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. “Reckless” conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm. The ultimate question is whether, under all the circumstances, the accused’s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.

    I haven't been here long enough to be considered a Kossack, does that mean that I'm just a sack?

    by Hey338Too on Thu Jan 31, 2013 at 05:56:42 PM PST

    [ Parent ]

    •  First, IANAL (1+ / 0-)
      Recommended by:
      Hey338Too

      But it seems even that is often a misdemeanor rather than a felony. There's also huge wiggle room on the matter of foreseeable consequences.  Would you foresee consequences of leaving a loaded hand gun in your nightstand drawer?  Many other people would reasonably argue they couldn't foresee a visiting child to find, brandish, and shoot that gun. But it does happen.

      "No one life is more important than another. No one voice is more valid than another. Each life is a treasure. Each voice deserves to be heard." Patriot Daily News Clearinghouse & Onomastic

      by Catte Nappe on Thu Jan 31, 2013 at 06:03:33 PM PST

      [ Parent ]

      •  From what I read, it could go either way... (1+ / 0-)
        Recommended by:
        Catte Nappe

        ... a felony or a misdemeanor.  There may be other laws on the books which would produce more consistent results than this one.  I'm not a lawyer, so yes, I would consider any injury by any gun to be punishable.

        Can anyone not foresee the consequences of leaving loaded gun in a nightstand drawer without a trigger lock in place.  Forget about kids, where is the first place a thief is going to look when he robs your house?  First the nightstand, then under the bed.  I was robbed once and my bed was destroyed by a thief looking for a weapon.  We didn't own a gun, so they went for the jewelry and the silver, they left the TV's and all of the computers.  According to the police, the robbers were probably in my house for less than 5 minutes.

        IMO, it is the gun owner's responsibility to protect the weapon from others, the gun cannot do it by itself.  Is there a law which prevents putting a trigger lock on that gun to prevent it from being discharged, or keeping the ammunition separate from the weapon?

        I haven't been here long enough to be considered a Kossack, does that mean that I'm just a sack?

        by Hey338Too on Thu Jan 31, 2013 at 07:01:28 PM PST

        [ Parent ]

      •  Uhhm, what? (0+ / 0-)
        Would you foresee consequences of leaving a loaded hand gun in your nightstand drawer?
        YES! Who could not???
        Many other people would reasonably argue they couldn't foresee a visiting child to find, brandish, and shoot that gun.
        I find that statement ludicrous. Even someone who has never had children knows they explore every nook and cranny of anyplace they visit or live. Tell them a certain room or closet is off limits and turn your back for a few moments.

        Who could possibly foresee that they might try to find out what is in the forbidden place?

        Neglecting to safely store an unloaded weapon could be a misdemeanor. But simple prudence dictates (as does every single firearm safety course) that we treat any firearm as loaded even if we are unequivocally convinced it is not. Then, there are trigger locks and gun safes readily available.

        What makes it a felony is unsafely storing a loaded weapon. Having it readily available in firing condition with a child in the home is way beyond simple negligence.

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