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

[meno377]

RE: The subject.

Accidental: Your firearm going off when you didn't intend it to go off. Examples: Double tap, going off because of a flinch, accidentally dropping the gun and it goes off. These examples IMO are considered an accidental discharge because you intend to shoot the gun under these conditions and these examples happen.

Negligence: Your firearm going off when you didn't intend it to go off, but it was due to your carelessness. Examples: Leaving a firearm unattended while loaded and someone plays with it, cleaning your firearm without checking to see if it's loaded; (round in the chamber semi auto), receiving a firearm from someone and you don't check to see if it's loaded and you pull the trigger. While at the range you have a misfire, but instead of waiting to see if the primer has a delayed ignition, you squeeze the trigger again not realizing it may go off after striking the primer twice.

There are more examples for both instances, but the ones above are more common.

[IVC]

Negligence: Your firearm going off when you didn't intend it to go off, but it was due to your carelessness. Examples: Leaving a firearm unattended while loaded and someone plays with it, ...

Which brings up the question...

A kid finds a gun at home and fires a shot. Who was negligent here? Parent? Kid? Both? Was this an AD or ND?

[onelonehorseman]

From what I've seen/read, any unintended discharge by LE is considered accidental (by LE), and any by a civilian is considered negligent (by LE).

[broadside]

No such thing as an accident. It is negligence always. Either the user, the mfg, the parts supplier, etc that let something slip though the cracks that allowed the incident to happen.

Just like there are no auto accidents. Someone somewhere screwed something up that resulted in the crash.

[JCHavasu]

Which brings up the question...

A kid finds a gun at home and fires a shot. Who was negligent here? Parent? Kid? Both? Was this an AD or ND?

Interesting scenario. I argue it is an accident in that it is unintentional, but it is also certainly negligent on the part of the parent.

No such thing as an accident. It is negligence always. Either the user, the mfg, the parts supplier, etc that let something slip though the cracks that allowed the incident to happen.

Just like there are no auto accidents. Someone somewhere screwed something up that resulted in the crash.

I hear you but disagree. Auto accidents are accidents in that they are not intentional. Of course someone screwed up, but that does not mean it is not an accident. If they were not accidents then they would be intentional and we usually classify those as assaults or attempt murders.

[bohoki]

its all semantics words are constantly evolving automobile accidents are now by insurance companies called "collisions" i call them car crashes but crash probably sounds too krass for

"accidentally pulling the trigger" is that a paradox since its impossible?

[broadside]

Interesting scenario. I argue it is an accident in that it is unintentional, but it is also certainly negligent on the part of the parent.







I hear you but disagree. Auto accidents are accidents in that they are not intentional. Of course someone screwed up, but that does not mean it is not an accident. If they were not accidents then they would be intentional and we usually classify those as assaults or attempt murders.

Nah. Everything is avoidable. Intentional and negligent are the only options.

[meno377]

Which brings up the question...

A kid finds a gun at home and fires a shot. Who was negligent here? Parent? Kid? Both? Was this an AD or ND?

Parent. ND.

[IVC]

Parent. ND.

How about the kid? He pulled the trigger...

[therealnickb]

No such thing as an accident. It is negligence always. Either the user, the mfg, the parts supplier, etc that let something slip though the cracks that allowed the incident to happen.

Just like there are no auto accidents. Someone somewhere screwed something up that resulted in the crash.

Define accident. Seriously.

[therealnickb]

How about the kid? He pulled the trigger...

[therealnickb]

Nah. Everything is avoidable. Intentional and negligent are the only options.

[therealnickb]

its all semantics words are constantly evolving automobile accidents are now by insurance companies called "collisions" i call them car crashes but crash probably sounds too krass for

"accidentally pulling the trigger" is that a paradox since its impossible?

You never accidentally double tapped at the range?

[broadside]

Define accident. Seriously.

"A word created to make people feel better about being negligent."

[broadside]

You were negligent in not putting rails on your bed to account for that possibility.

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