Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    May 2008
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    Leb-A-non, Pennsylvania
    (Lebanon County)
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    Default 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.

  2. #12
    Join Date
    Nov 2008
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    somewhere in, Delaware
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    Default Re: Accidental discharge?

    Thats what I told her it was......
    I talk jibberoush. pay attention.

  3. #13
    Join Date
    Jun 2009
    Location
    Essington, Pennsylvania
    (Delaware County)
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    Default Re: Accidental discharge?

    Quote Originally Posted by KBliz View Post
    I don't know anything about accidental discharge laws, but I do think you might not want to hang out with your brother. In fact, maybe you should get a life insurance policy on him with you as the beneficiary. Just make sure it covers negligent discharge!
    Hmm thought I was on a medical site for a minute there j/k. Im sorry I couldnt resist
    http://forum.pafoa.org/feedback-109/193181-harty.html

    Common Sense isnt that common among people

  4. #14
    Join Date
    Jan 2013
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    Somewhere, Pennsylvania
    (Dauphin County)
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    Default 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.

  5. #15
    Join Date
    Aug 2011
    Location
    Sugarloaf, Pennsylvania
    (Luzerne County)
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    Default 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 gun
    Accidental discharge commonplace among law abiding gun owners
    Law abiding gun owners downplay accidental discharge
    Concealed carry not so safe afterall?
    Let us hope for the best, but let us also prepare for the worst.

  6. #16
    Join Date
    Apr 2007
    Location
    Franklin, Pennsylvania
    (Venango County)
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    Default 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

  7. #17
    Join Date
    Jun 2008
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    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: Accidental discharge?

    Quote Originally Posted by Shadowline View Post
    Oh please. People need to get off their all knowing high horses and acknowledge accidents can happen without negligence. Effin' A people.
    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.

  8. #18
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    Oct 2008
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    Harrisburg area, Pennsylvania
    (Dauphin County)
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    Default Re: Accidental discharge?

    Quote Originally Posted by skeelo View Post
    Is there a summary of PA negligent/ accidental discharge law anywhere? Hurry please, the sirens are getting closer.

    JK...but I am wondering about this, I wasn't able to find anything on Google regarding such a law in PA. I am normally quite responsible with my guns, however I live in the city and I'd like to know what I'd be up against in the event that it did happen. My brother has had a couple of accidental discharges, however he lives by himself in the boonies so he didn't have anything to worry about.
    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.

  9. #19
    Join Date
    Oct 2008
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    Harrisburg area, Pennsylvania
    (Dauphin County)
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    Default Re: Accidental discharge?

    Quote Originally Posted by andy91 View Post
    Haha I did this once, I was 17 and was playing around with my ar. Low and behold I chambered one in and forgot about it. Later I emptied the mag and counted the ammo out and realized one was missing.... And didn't find it until it shot out the window into god knows where in my neighborhood. Being in my small bedroom the blast seemed loud and imagined what it must have sounded like out there in my block. I waited and waited but the only authority that showed was my mom and I had only to answer to her luckily. Anyway the one thing I learned is that not too many people really recognize the sound of guns nor do they heAr them too well when they are inside their homes and especially if the gun is shot inside an other place.

    With that said... I never rack one in the chamber until I'm about to shoot, learned the hard way. On the bright side in the 5 years since and a few of those being in the army, I never had a nd again.
    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.
    I mention this particularly because this is the sort of thing that the antis love to latch onto ("Kidz with gunz! There oughta be a law against that!") as proof of the need for stricter gun laws. There is a law. It wasn't followed. (Next argument will be: "We need stricter penalties!")
    Last edited by twency; January 9th, 2013 at 11:34 AM.
    I am not a lawyer. Nothing I say or write is legal advice.

  10. #20
    Join Date
    May 2012
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    SEPA, Pennsylvania
    (Delaware County)
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    Default 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.

    Quote Originally Posted by skeelo View Post
    My brother has had a couple of accidental discharges, however he lives by himself in the boonies so he didn't have anything to worry about.

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