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  • Like2fly
    Senior Member
    • Jan 2018
    • 554

    “Accidental discharge”

    Hello, pardon me for going straight to the mob and not searching for previous threads on this. I start on a tangent by asking if you know the secret to a happy marriage? For me the answer is two homes.... expensive but it works for us. Anyway my wife just told me that one of the neighbors in her small (22 unit) condo complex just had an “accidental”discharge with a pistol yesterday afternoon that went through two adjacent (occupied at the time) units narrowly missing the closest neighbor by a couple of feet(?). He did not get arrested, but had his gun confiscated and was told to expect charges. Curious if any of you know from experience what lays in store for him. What penalties? Loss of this gun or others and/or the right to own or have guns going forward. If it matters I suspect this guy is a chronic alcoholic, and could easily play the starring role in the village idiot if any one needed one, based on other actions/conduct. You know when they say “there is always one...”, well he is that one. I would hate to see a normal competent person lose their gun rights over an “accident” but then again, there are exceptions to most everything. I have limited info on this incident so far, but if this thread gets any interest I will follow up with more details and hopefully the disposition of it.
    Last edited by Like2fly; 07-30-2020, 4:39 PM. Reason: Typo
  • #2
    rodralig
    CGN Contributor
    • Apr 2016
    • 4262

    Originally posted by Like2fly
    Hello, pardon me for going straight to the mob and not searching for previous threads on this. I start on a tangent by asking if you know the secret to a happy marriage? For me the answer is two homes.... expensive but it works for us. Anyway my wife just told me that one of the neighbors in her small (22 unit) condo complex just had an accidental discharge with a pistol yesterday afternoon that went through two adjacent (occupied at the time) units narrowly missing the closest neighbor by a couple of feet(?). He did not get arrested, but had his gun confiscated and was told to expect charges. Curious if any of you know from experience what lays in store for him. What penalties? Loss of this gun or others and/or the right to own or have guns going forward. If it matters I suspect this guy is a chronic alcoholic, and could easily play the starring role in the village idiot if any one needed one, based on other actions/conduct. You know when they say “there is always one...”, well he is that one. I would hate to see a normal competent person lose their gun rights over an “accident” but then again, there are exceptions to most everything. I have limited info on this incident so far, but if this thread gets any interest I will follow up with more details and hopefully the disposition of it.
    Not an accidental discharge, a NEGLIGENT discharge...


    That said - thanks to Google - as per the PC, the state has harsh penalties... Felony at worst.

    California Penal Code § 246.3 PC prohibits "willfully discharge(ing) a firearm in a grossly negligent manner which could result in injury or death to a person."



    _

    WEGC - Shooting at 10-yards VS 20-yards - https://www.youtube.com/watch?v=h7mdbNZ4j9U

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    • #3
      Scratch705
      I need a LIFE!!
      • May 2009
      • 12530

      So for u a happy marriage is to live separately from your spouse?

      So besides the tax benefits or insurance benefits why even get married?
      Originally posted by leelaw
      Because -ohmigosh- they can add their opinions, too?
      Originally posted by SoCalSig1911
      Preppers canceled my order this afternoon because I called them a disgrace... Not ordering from those clowns again.
      Originally posted by PrepperGunShop
      Truthfully, we cancelled your order because of your lack of civility and your threats ... What is a problem is when you threaten my customer service team and make demands instead of being civil. Plain and simple just don't be an a**hole (where you told us to shove it).

      Comment

      • #4
        woolybugger
        Member
        • Mar 2016
        • 337

        I find the two homes thing odd as well but whatever makes you happy.

        Comment

        • #5
          Like2fly
          Senior Member
          • Jan 2018
          • 554

          Works for me

          Originally posted by Scratch705
          So for u a happy marriage is to live separately from your spouse?

          So besides the tax benefits or insurance benefits why even get married?
          We did not start off that way and we certainly do not do this for any tax or other benefits, as I said it is expensive maintaining two separate residences. We were at a rocky point in our marriage (2nd one for both of us) and I had vacant rental property at the time so we tried living apart for a while and that became our new “norm”. Like I said, it works for us, and I acknowledge it is not the ideal situation or what one should aim for. It apparently is not that uncommon. Does CalGuns have a marriage counseling sub forum where we can move this off topic part of this thread?
          Last edited by Like2fly; 07-30-2020, 4:27 PM. Reason: Spelling error

          Comment

          • #6
            The War Wagon
            I need a LIFE!!
            • Apr 2011
            • 10294

            Originally posted by Like2fly
            Curious if any of you know from experience what lays in store for him.

            Ever seen the first hour of, "The Shawshank Redemption?"

            MOST of that...
            sigpic

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            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30242

              "accidental discharge" = something mechanical failed on the firearm, which caused it to discharge

              "negligent discharge" = without intending to do so, a person pulled the trigger on the firearm, which caused it to discharge
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                Like2fly
                Senior Member
                • Jan 2018
                • 554

                Yes there is a difference between an accidental discharge and a negligent discharge which is why I thought I put Quotes “____” around the word accidental, in my post, but I missed it on one. The “Village Idiot” told my wife it was an “accident”. I suspect it will be found to be negligent. After shooting a round through the wall he called my wife (who is the association president) first... before calling the police or going next door to check on whether he had hit his neighbor. If this guy tried out for a part in another sequel to dumb and dumber I am sure they would give him both roles.
                Last edited by Like2fly; 07-30-2020, 4:51 PM. Reason: Another typo. I gotta start proofreading

                Comment

                • #9
                  rodralig
                  CGN Contributor
                  • Apr 2016
                  • 4262

                  Not only that...

                  Two feet away from an innocent...

                  It was in a habited dwelling...



                  _

                  WEGC - Shooting at 10-yards VS 20-yards - https://www.youtube.com/watch?v=h7mdbNZ4j9U

                  Comment

                  • #10
                    tabascoz28
                    Veteran Member
                    • Mar 2016
                    • 3364

                    My neighbor and his brother were hunting, clearing weapons in their car afterwards, his brother pulled the trigger to "reset" it and it blew out the windows 1 foot from my neighbor's face. Probably needs safety training class.

                    Comment

                    • #11
                      woolybugger
                      Member
                      • Mar 2016
                      • 337

                      I am very curious as to how this is typically prosecuted.
                      If it is indeed an accident a felony seems pretty harsh but on the other hand one is responsible for every round fired.

                      Comment

                      • #12
                        newbutold
                        Senior Member
                        • Jan 2017
                        • 1952

                        Neighbors were lucky this time. If there is a trial, the neighbors should testify that the guy is too stupid to own firearms
                        Never attribute to malice that which is adequately explained by stupidity. Robert J. Hanlon

                        No more dems, rinos, commies, , pinkos, crooks, pedos, frauds, idiots, lunatics, wanna-be dictators, traitors, old fools, or kleptocratic thieves for President from any party.

                        The demonstrators who infiltrated the Capitol have defiled the seat of American democracy. Donald J. Trump 1/7/21

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                        • #13
                          seal20
                          Veteran Member
                          • Nov 2008
                          • 3081

                          If it was a Sig p320 it may have actually been and accidental discharge....heh

                          Comment

                          • #14
                            hermosabeach
                            I need a LIFE!!
                            • Feb 2009
                            • 19389

                            OP

                            You might edit the post to make it cohesive.

                            When someone has an ND, what criminal and civil things can happen
                            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

                            • #15
                              alpha_romeo_XV
                              Veteran Member
                              • Jun 2006
                              • 2963

                              With the recent pandemic gun buying craze i foresee a rise in negligent discharges from the stellar gene pool of new gun owners.

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