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I think I'm going to start an argument...AD vs ND

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  • JCHavasu
    Senior Member
    • Jun 2016
    • 672

    I think I'm going to start an argument...AD vs ND

    Hopefully this will be more of a discussion.

    Over 30+ years of carrying firearms on a daily basis I have seen these terms swap places, and in some respects for good effect I think. The current craze of labeling everything a Negligent Discharge, or ND, unless it was a weapon malfunction, is I think missing the forest for the trees. Now I am not going to argue that negligence is not the cause of most, maybe all, unintentional discharges. It is. But arguing accidental vs negligent is conflating two different concepts. Those are intention vs responsibility.

    Accidental, or unintentional, simply means that the result was not intended. It does not mean the person that caused the accident bears no responsibility or was not negligent. Dictionary.com Accident: an undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss. Accident does NOT mean there was no negligence. Dictionary.com Negligent: guilty of or characterized by neglect, as of duty.

    In fact, negligent is a legal term and you can have a negligent, but intentional discharge. If you are at the range and someone picks up their firearms and intentionally fires downrange while people are posting targets, then that is negligent and intentional. However if they pick up their firearm intending to put it in the case without intending to fire and due to poor finger placement fire a round, that is both unintentional (accidental) and negligent.

    An accidental discharge of a firearm occurs when a firearm fires at a time that is not intended by the user of the gun. This can happen for various reasons, including mechanical malfunctions or failures.


    We all drive carefully, ski downhill carefully and I’m not even sure what “safe sex” is, but it sounds like a colossal bore...


    If anyone is thinking of responding with "If you put your finger on the trigger and it goes off you were negligent it wasn't an accident." It can be both and I argue in most cases it is. These are two different words to describe two different concepts. If I describe a shooting as "accidental" that does not mean it was not negligent. In fact, I would argue we could put all discharges of a firearm into one of four categories:

    Unintentional and Negligent - Example: Cleaning a firearm and failing to clear the chamber before pulling the trigger on a Glock, etc. The user did not intend to fire the firearm but was negligent in failing to properly clear it.

    Unintentional and Non-Negligent - A weapon malfunction that results in a discharge which is not the fault of the user.

    Intentional and Negligent - Firing while people are downrange who are not valid targets. The user intended to fire the weapon, and was negligent in how or where it was done.

    Intentional and Non-Negligent - Firing in a safe direction on a range, etc. A valid defensive use of a firearm would fall into this category.

    Now I do understand what people are trying to do by using the term "negligent", they are trying to not let people off the hook by thinking it was not preventable. But I also think it oversimplifies the issue, and confuses two concepts that are related int his context but different. It also misuses the term "negligence" which is important legally, and is not synonymous with the way it is commonly being used in the firearms community.

    Ok, my rant if you would like to call it that is over. I look forward to hearing cogent discussion on the topic, but fully expect some anger over challenging what seems to be "common knowledge" in our community.
    "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

    "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

    "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt
  • #2
    billped
    Veteran Member
    • Oct 2009
    • 2504

    Yes, it will probably cause an argument, but you are correct as far as English goes. The law? Dunno.

    The same folks that lambaste the phrase, "accidental discharge" will talk about the "car accident" they were involved in. Whoever has been the instigator or recipient of a "car negligent"?
    Bill

    Comment

    • #3
      Mayor McRifle
      Calguns Addict
      • Dec 2013
      • 7666

      I just can’t believe the OP spent so much time preparing the initial post for such a colossally inconsequential thread.
      Anchors Aweigh

      sigpic

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      • #4
        SarcoBlaster
        Senior Member
        • Jun 2006
        • 1775

        Tl;dr.

        Keep your finger off the trigger until ready to fire. /thread
        My buyer/seller feedback.

        Comment

        • #5
          hermosabeach
          I need a LIFE!!
          • Feb 2009
          • 19380

          Simple
          - did something mechanical break causing the gun to fire?
          Yes- accidental


          Did you hang the gun on a coat rack by the trigger guard? - negligently used the firearm
          Rule 1- ALL GUNS ARE ALWAYS LOADED

          Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

          Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

          Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
          (thanks to Jeff Cooper)

          Comment

          • #6
            JCHavasu
            Senior Member
            • Jun 2016
            • 672

            It's Sunday and I'm drinking my coffee before chores. And I would argue the majority of threads on CalGuns are largely inconsequential to many people.
            "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

            "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

            "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt

            Comment

            • #7
              JCHavasu
              Senior Member
              • Jun 2016
              • 672

              Originally posted by billped
              Yes, it will probably cause an argument, but you are correct as far as English goes. The law? Dunno.

              The same folks that lambaste the phrase, "accidental discharge" will talk about the "car accident" they were involved in. Whoever has been the instigator or recipient of a "car negligent"?
              Exactly. People are in car "accidents" all the time. But the vast majority of the time someone was still "negligent" which is what caused the "accident". The two are not mutually exclusive. Words matter. And if words don't matter, then why argue that it should be an "ND" and not an "AD"?
              Last edited by JCHavasu; 12-01-2019, 1:10 PM.
              "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

              "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

              "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt

              Comment

              • #8
                tabascoz28
                Veteran Member
                • Mar 2016
                • 3364

                A) That's why we have lawyers...

                B) In this day and age of information, would putting loaded guns on folding tables on a windy day be negligent? What if it had been windy for an hour?

                It is ironic that some gun owners would be against laws that require locking of guns in cars and homes, crime being a reason for most gun owners who own guns...

                Comment

                • #9
                  JCHavasu
                  Senior Member
                  • Jun 2016
                  • 672

                  Originally posted by tabascoz28
                  B) In this day and age of information, would putting loaded guns on folding tables on a windy day be negligent? What if it had been windy for an hour?
                  I think an attorney could make a case for negligence if someone placed a loaded firearm on a rickety table when it was windy, and the firearm then fell off and went bang accidentally causing injury. But I think they would have to show that it was reasonably a foreseeable result of the persons actions. That scenario does kind of show the split between accidental and negligent.

                  By the way, IANAL but have worked with many both civilly and criminally and I did stay at a Holiday Inn at some time in the past year.
                  "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

                  "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

                  "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt

                  Comment

                  • #10
                    DB>
                    Senior Member
                    • Jan 2017
                    • 830

                    A mechanical malfunction is an "accident", operator malfunction is typically negligence...

                    Drive too fast, text and drive, etc.

                    Lack of trigger discipline, muzzle discipline, and failure to treat a weapon as loaded...

                    Where a reasonable person can foresee the possible consequences of their actions, and fails to take appropriate steps to prevent those consequences, that is "negligence" whether it's deliberate or just laziness.

                    My $2 (was .02, inflation adjusted....)

                    Comment

                    • #11
                      DB>
                      Senior Member
                      • Jan 2017
                      • 830

                      My experience is that people tend to characterize things as "accidents" as it's easier than accepting the desirability of, and practicing, RESPONSIBLE behavior.

                      Comment

                      • #12
                        RustyIron
                        Senior Member
                        • Jun 2014
                        • 569

                        No argument from me. I avoid conversation with confrontational people who sit around parsing words.

                        Comment

                        • #13
                          Pretty fly for a Cabinetguy
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Feb 2016
                          • 4059

                          What is the meaning of “is”?

                          Word smithing is what people do...intentionally or subconsciously. Same argument on the AD/ND thingy.

                          Unless the gun goes off by itself...somebody is doing something wrong of it fires without the rules being followed...hence an accident...ND/AD.
                          Wilson Protector .45, Springer 9mm Loaded, Franchi Instinct SL .12ga. and some other cool stuff for the kiddos...

                          Comment

                          • #14
                            JCHavasu
                            Senior Member
                            • Jun 2016
                            • 672

                            Originally posted by RustyIron
                            No argument from me. I avoid conversation with confrontational people who sit around parsing words.
                            I like what you did there, I wonder if it was intentional. Or an accident? At first read it sounded like you were talking about people parsing words arguing for ND rather than AD, but then it certainly could apply to my post as well. I choose to believe you backhandedly covered them both in two simple sentences and admire your skill.
                            "You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf

                            "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other."

                            "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt

                            Comment

                            • #15
                              colossians323
                              Crusader for the truth!
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 21637

                              .45 ACP, what do I win?
                              LIVE FREE OR DIE!

                              M. Sage's I have a dream speech;

                              Originally posted by M. Sage
                              I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.

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