IUPUI Police officer 'accidently' discharges gun...

[RobbyMaQ]

You're missing the part where you remove it to play with it while you poop.

ok, just making sure I'm not missing something obvious. Many have stated (other threads) about taking it off and where to rest it, etc... I just never had that problem.
And even if I did, my owb holster unclips off my belt, so it never really gets 'unholstered'

 

[ChalupaCabras]

I don't know why people say that. They aren't mutually exclusive. It can easily be both.

1) This is the internet

2) This is INGO

3) you are talking to gun nuts.

In our minds everything is black and white, and everything we read about automatically fits with one of our pre-conceived canned trope replies.

 

[Alamo]

We periodically have this discussion (AD or ND, is every unintended discharge a negligent one, etc) on the gun board(s) down here in Texas. Charles Cotton, a Texas attorney, civil litigator (in particular he has handled cases for shooting ranges), founder/proprietor of the TexasCHLforum.com, and a major force in propelling the 2A forward in Texas, commented thusly on one facet of this issue:

For quite some time now, there have been a growing number of gun owners that take the position that there's no such thing as an "accidental discharge." In their opinion, any unintended discharge of a firearm is a "negligent discharge." I strongly disagree, but that's not the point of my post.

Even though the Texas reasonable person standard for negligence will not hold that every single unintended discharge of a firearm is the result of negligence, Texas law allows anyone to set a higher standard for themselves. If they do so, then they will be held to that standard in a court of law. So remember, anyone who states in a post, in a conversation, or in any other setting, that every unintended discharge of a firearm is the result of negligence, then they will be held to that standard when they experience such a discharge. In short, you are creating a strict liability situation for yourself and you will be held liable for personal injury, death, or property damage. Good luck!

Chas.

TexasCHLforum.com ? View topic - AD's don't just happen

Mr. Cotton knows whereof he speaks about Texas law, he is not just an internet lawyer. I don't know what Indiana's take on liability is, but in any case you want to make sure that whatever standard you set for others you are willing to live by yourself, because being human, you very well could find yourself held to it, even it is just a dashed-off post on INGO.

 

[Cameramonkey]

This time stupidity hurt.

Good. Stupidity SHOULD be painful. (Glad he wasn't seriously injured)

<snip>

Mr. Cotton knows whereof he speaks about Texas law, he is not just an internet lawyer. I don't know what Indiana's take on liability is, but in any case you want to make sure that whatever standard you set for others you are willing to live by yourself, because being human, you very well could find yourself held to it, even it is just a dashed-off post on INGO.

In that case, for the record I think that AD/NDs should be totally excused legally and no charges filed.

 

[Kirk Freeman]

Originally Posted by BehindBlueI's
I don't know why people say that. They aren't mutually exclusive. It can easily be both.

This is INGO--Home of The Pure.

Mr. Cotton knows whereof he speaks about Texas law, he is not just an internet lawyer. I don't know what Indiana's take on liability is

Hey, I know Mr. Cotton.

Indiana's take depends on what happened. Could be accident, could be negligence, could be both, I don't know from what little is reported.

Anywho, your gun is real. This is no reason to pull it out when you go to the bathroom and spin it over and over like 2001. It's real, it's a snake and it only have one job.

Leave your pistol in your holster.

"But I have to go to the bathroom!" Leave it in the holster.

"But it is sooo cool and I have to make certain my gun is real." Leave it in the holster.

"But I want to show Bill Boy." Leave it in the holster.

Stop playing with guns, and, more to the point, stop looking for excuses to play with guns. Leave it in the holster.

 

[Roadie]

I have reservations about my firearm being accessible under the stall wall by someone else. In some places, I woudln't want it seen. So, while I understand the "leave it alone" position, I think there is another side to this.

 

[SSGSAD]

The person intended to shoot themselves?

Accidental

Willful

He could easily have been negligent in his regards to safety, but the act of discharing the weapon remains accidental unless we're just going to ignore the meaning of words in order to prove whatever point the whole ND vs AD debate is trying to prove.

BBBBBUUUUUTTTTT, HE is a TRAINED POLICE OFFICER.....

 

[Kirk Freeman]

I have reservations about my firearm being accessible under the stall wall by someone else. In some places, I woudln't want it seen. So, while I understand the "leave it alone" position, I think there is another side to this.

Why are we letting the pants hit the ground?

Where is Jim's diagram? I need a visual aid to save INGO!

 

[rotortech]

This may be too much information but I drop pants to just below the knees and then pull underwear waist band down around the outside of the holster. No-see-um from under the stall. And I use that wide stance that some of the congressmen use . . .

I never remove the gun from the holster except to shoot it or unload and clean it. Period. And the 4 rules always.

 

[BehindBlueI's]

Eh. I unholster for an office poo. I've had my belt flip over and dump my gun on the tile, plus its just easier to get everything put back where it goes without the weight of a gun and spare mags on my belt. I just lock them in my desk drawer and go do what I need to do. I'm sure its real. I'm also sure its just as safe locked in a drawer as it is in a holster. I habitually reholster with my thumb holding the hammer down, so pretty well impossible to put one in my thigh reholstering even if there was something blocking the holster. Odd you seldom hear of folks shooting themselves holstering revolvers or DA pistols, isn't it? Not much with 1911's either. Almost always a striker fired gun when a reholstering accident occurs.

 

[marv]

I must be naieve but who the heck goes around looking under stall walls? And what are they looking for?

 

[churchmouse]

Serpa Black hawk.
Keep pants at 3/4 mast and gun off the floor.
Who knows what is on the floor and who's it is......

 

[churchmouse]

I must be naieve but who the heck goes around looking under stall walls? And what are they looking for?

Never went Poo-Poo in a WalMart huh.

 

[Roadie]

I must be naieve but who the heck goes around looking under stall walls? And what are they looking for?

People have their wallets, phones, etc [stolen] from under stall walls.. Just sayin

 

[roscott]

People have their wallets, phones, etc [stolen] from under stall walls.. Just sayin

Did you leave out STOLEN in that sentence? Or do people legitimately just obtain their belongings from under stall walls?

 

[Denny347]

I'm lucky that our academy sits in my zone so I got there to poo. The bathroom is in a locker room so I can shed my 30 lb duty belt and lay it on the bench and not worry about it walking off. There is no place to keep it inside the stall. It is too heavy to hang on a coat hook. If I had to leave it outside the stall unsecured, take the radio and pistol with me. The rest won't get me in trouble if stolen.

 

[MrsGungho]

Men, we women seem to be able to drop trow, so to speak, every time we use the restroom and never seem to have these issues.

Officers with duty belts are another story. You take all the time you need.

 

[Roadie]

Did you leave out STOLEN in that sentence? Or do people legitimately just obtain their belongings from under stall walls?

Fixed

 

[NHT3]

Wasn't there so don't "know" what happened but I would imagine the problem arose from a finger being on the trigger and if that's the case I would have a difficult time conflating the situation into any sort of an accident. But I do my best to take responsibility for my mistakes and some people never seem to make any.

[FONT=&amp]NRA Life Member[/FONT][FONT=&amp]-- [/FONT][FONT=&amp]GSSF member[/FONT]
Ruger MK III, M&P & 1911mechanic
NRA Basic pistol instructor[FONT=&amp] –[/FONT]Certified Glock armorer

 

[Kameseri]

Reminds me of the video of the police officer who went to a school for a demonstration on gun safety and shot himself in the foot