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Thread: Accidental discharge?
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January 8th, 2013, 09:37 PM #11
Re: Accidental discharge?
Aside from the possible charges already mentioned, many municipalities have regulations against the discharge of firearms within their boundaries. You will have to check with your municipality on the specific regulations for your municipality as the municipal regulations page is still a work in (not much)progress.
http://www.thecrimsonpirate.com/rtkb...eaponregs.html
Preemption only limits municipalities from regulating the ownership and carrying of firearms. It leaves them free to regulate discharge.If you don't know who your state legislators are go here:
http://www.legis.state.pa.us/index.cfm
put your zip plus 4 in the box in the upper right hand corner.
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January 8th, 2013, 10:17 PM #12
Re: Accidental discharge?
Thats what I told her it was......
I talk jibberoush. pay attention.
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January 8th, 2013, 10:28 PM #13
Re: Accidental discharge?
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January 8th, 2013, 11:13 PM #14Junior Member
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Re: Accidental discharge?
Hey who knows, his brother could have ND's from celebrating New Years or Xmas. I know plenty of people who shoot a few rounds off on certain holidays. Now my question is what if you have a ND and never hear anything from it, later on the popo find your shell casing...? You think they would really investigate that? Something I've always though about. Small town police cant always afford to do that.
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January 8th, 2013, 11:32 PM #15
Re: Accidental discharge?
Sometimes I really wish people would think before they speak. This thread would make great ammo for the antis. Imagine the headline possibilities, we could even make a game out of it....
Your neighbor's gunAccidental discharge commonplace among law abiding gun ownersLaw abiding gun owners downplay accidental dischargeConcealed carry not so safe afterall?Let us hope for the best, but let us also prepare for the worst.
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January 9th, 2013, 06:05 AM #16Grand Member
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Re: Accidental discharge?
I think I recall someone who had an AD/ND and was charged with firing into an occupied building. Don't recall the end results though. Anyone else recall it?
What has been mentioned already are the typical charges possible. The one above (IIRC) is a felony or at least prohibitive.It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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January 9th, 2013, 08:38 AM #17Active Member
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Re: Accidental discharge?
As much as I want to disagree with your comment...I can recall a post here (I think) where someone's handgun went off, in the holster, as he was getting into his vehicle...apparently the holster folded in around the trigger and pushed it, causing it to fire.
I'm sure it's rare, but it can happen. However following the 4 basic rules will prevent almost all ND's.The only thing that stops a bad guy with a gun is a good guy with a gun, and the only thing that stops a good guy with a gun is the government.
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January 9th, 2013, 09:08 AM #18Grand Member
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Re: Accidental discharge?
I don't think there is any state law specifically worded just to cover ND/AD as such. There are probably a number of other laws which potentially could apply depending upon the circumstances, including but not limited to Recklessly Endangering Another Person. There are also discharge ordinances in many municipalities.
With that out of the way, I'm troubled by the cavalier attitude toward unintended discharge of a firearm which happens in a rural area. Complacency kills. No matter where in "the boonies" your brother lives, I bet there are at least some other people who are sometimes within range of a stray bullet. I understand that people make mistakes, I've made mistakes too.
But "he didn't have anything to worry about" [because he lives in the country] is a red flag statement to this former country boy. One negligent discharge would be bad enough, but "a couple" is really a problem.Last edited by twency; January 9th, 2013 at 09:16 AM.
I am not a lawyer. Nothing I say or write is legal advice.
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January 9th, 2013, 09:14 AM #19Grand Member
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Re: Accidental discharge?
Sounds like you, and possibly the person who provided the AR, broke the law since you weren't supervised at the time.
18 Pa.C.S. § 6110.1: Possession of firearm by minor
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.Last edited by twency; January 9th, 2013 at 11:34 AM.
I am not a lawyer. Nothing I say or write is legal advice.
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January 9th, 2013, 11:30 AM #20Member
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Re: Accidental discharge?
People that have an AD typically never let it happen again. Somethings not right there if he's had multiple and still isn't worried. There's always a chance that someone will be injured or killed with an AD. Learn from your brothers multiple mistakes and please be careful.
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