charged with reckless endangerment

[jab121]

My question is do they HAVE to add the lethal weapons enhancement to the charge?

[BimmerJon]

Major fails...

Why does the gun need testing? Sounds like it worked perfectly.
Trigger pulled... Bang. That's how they work

[IronSight]

I don't know a single person that pulls the trigger to make sure a firearm is unloaded. Even after it's been cleared.

Lawyer up.

^^^^This.

I'm confused as to why pulling the trigger was thought to be a good idea.

...

There is literally no need for "testing" this firearm if your story is as it appears. It falls under the category of 'user error'. Not saying it's deserving of a charge, but the situation was 100% avoidable and is apparently not a problem with the gun.

[Mitch10mm]

Someone is unaware that removing the mag doesn't clear the chamber. Or two someones if the same thing happened to the new owner. It should be funny..... but, it's really not.

[twency]

I'm being charged with two counts recklessly endangering another person. Long story short I discharged a firearm in the house with two other people in the room. I removed the clip, checked the visual safety and then pulled the trigger opposite everyone into the floor to make sure I wasn't handing a loaded firearm to someone. (I actually sold the gun and the same thing happened to him. That person got rid of the gun the next day so it will be expensive to hunt down the gun and send for testing.) My question is do they HAVE to add the lethal weapons enhancement to the charge? Is there another charge they could use that won't involve 6 months in jail because of the weapons enhancement? Thank you!

I hope I'm not just piling on needlessly, but as others have suggested there's nothing to test. Removing the magazine does not unload a gun if there's a round in the chamber. Pulling the trigger with a round in the chamber, with or without a magazine inserted, will cause many firearms to fire.

There are some guns which are designed to not fire if the magazine isn't inserted, but there are others which are designed to fire regardless of the presence of the magazine. Even in a gun designed to not fire without a magazine inserted, pulling the trigger on a loaded chamber is an inherently dangerous thing to do.

[Justin///M]

I'll pile on. Sounds like you're guilty of reckless endangerment, but IANAL, judge, or jury. Lawyer up and good luck.

Oh, and I'd delete this thread.

[Shadowline]

When you say you checked the visual safety are you referring to the "flags" that indicate whether a round is in the chamber on guns like the Ruger SR series?

[PaBimmerGuy]

who is filing the complaint?

get a lawyer and if you are ever allowed to own guns again take a safety class.

[johnfritz]

... so it will be expensive to hunt down the gun and send for testing. ...

What sort of testing are you trying to accomplish?

[DonM55]

You thought it was the guns fault so you sold it to someone else.