Negligent Discharge (Read 23909 times)

branz1029

Negligent Discharge
« on: June 28, 2013, 10:46:43 PM »
PRETTY STUPID QUESTION, I DONT PLAN ON IT HAPPENING BUT I WOULD LIKE TO KNOW;

DOES ANYONE KNOW WHAT HAPPENS IN THE CASE OF A NEGLIGENT DISCHARGE IN YOUR HOME?

fstbckgt

Re: Negligent Discharge
« Reply #1 on: June 28, 2013, 11:40:02 PM »
Your neighbors call the cops......or they don't.

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Re: Negligent Discharge
« Reply #2 on: June 28, 2013, 11:42:51 PM »
It's call oops.  And she might be pregnant!
Political Correctness is FOS
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wirecounter

Re: Negligent Discharge
« Reply #3 on: June 29, 2013, 12:35:49 AM »
Your neighbors call the cops......or they don't.

Then the police may or may not charge you with reckless endangerment per 707-714 (a)   Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or

    (b)   Intentionally discharges a firearm in a populated area, in a residential area, or within the boundaries or in the direction of any road, street, or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.

Kingkeoni

Re: Negligent Discharge
« Reply #4 on: June 29, 2013, 04:47:35 AM »
As long as no one gets hurt, deny deny deny.

"Yes officer, I heard a loud bang too. I have no idea where it came from."
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

TeamMidori

Re: Negligent Discharge
« Reply #5 on: June 29, 2013, 07:33:27 AM »
I know someone who had a ND while cleaning under the influence (dumbo) and shot his carpet and it travelled all the way across the room under the carpet to the neighboring apt wall.
He said he quickly cleaned up his house from any possibly illegal items (dumpster) and turned off the lights and hid in the room all night til the next morning thinking the cops were coming and in the meantime he said he heard "eeeeeeeeeeeeeeeee" ringing on his ears all night long.

Colt808

Re: Negligent Discharge
« Reply #6 on: June 29, 2013, 07:54:15 AM »
PRETTY STUPID QUESTION, I DONT PLAN ON IT HAPPENING BUT I WOULD LIKE TO KNOW;

DOES ANYONE KNOW WHAT HAPPENS IN THE CASE OF A NEGLIGENT DISCHARGE IN YOUR HOME?
If you draw from past events (Nov 2012 - The guy who shot himself in the leg & Feb 2013 - Rifle went off while cleaning)? The answer is nothing would happen, because there's no laws against stupidity.

Then the police may or may not charge you with reckless endangerment per 707-714 (a)   Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or

    (b)   Intentionally discharges a firearm in a populated area, in a residential area, or within the boundaries or in the direction of any road, street, or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.
They could but I seriously doubt that they would of that it'd be prosecuted. Without an admission or witnesses; intent is impossible to prove.

As long as no one gets hurt, deny deny deny.

"Yes officer, I heard a loud bang too. I have no idea where it came from."
It'd probably be better to neither confirm or deny anything and just state: "I have nothing to say" or "I'm not answering any questions". Lying would just open one up to some obstruction charge, which is a misdemeanor.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

myanmar1

Re: Negligent Discharge
« Reply #7 on: June 29, 2013, 08:06:03 AM »
I have a question that relates to this topic. Would I be charged with A ND if i had a clearing bin like they have at HPD, and was testing for function in my house?
Could it be done if I have it in a room that's insulated to muffle sound? Sucks when you need to go all the way to the range just to test fire something,
“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!” — Benjamin Franklin

Nihonjin

Re: Negligent Discharge
« Reply #8 on: June 29, 2013, 08:30:58 AM »
 :)
« Last Edit: July 01, 2013, 02:51:38 AM by Nihonjin »

Haoleb

Re: Negligent Discharge
« Reply #9 on: June 29, 2013, 08:50:54 AM »
As long as no one gets hurt, deny deny deny.

"Yes officer, I heard a loud bang too. I have no idea where it came from."

i think this is the best answer.

And then. Take a long look at your firearms safety because there is no reason it should happen in the first place

Nihonjin

Re: Negligent Discharge
« Reply #10 on: June 29, 2013, 09:21:26 AM »
 :)
« Last Edit: July 01, 2013, 02:51:53 AM by Nihonjin »

Colt808

Re: Negligent Discharge
« Reply #11 on: June 29, 2013, 10:52:03 AM »
You don't need to prove intent.
(1) A person commits the offense of reckless endangering in the second degree if the person:

(a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury
Go back and read what was quoted and responded to. You'll understand that proving intent would be necessary in that matter.

That aside...HRS §707-714 (1)(a) is about reckless behavior and the OP does not give enough detail to infer recklessness or the endagerment of others. A charge and successful conviction would still be unlikely without witnessess or an admission.

And possibly get arrested more so because you aren't cooperating. Just be honest. Own up to your mistake.

Obstruction charge?
AGAIN, you've read the response while ignoring what it was a response to...

The point was when someone lies to a police officer, they are impeding (interfering, hindering, obstructing) their investigation, which is a chargeable offense. So it's better to say nothing, than to lie. And it's not about some code of honor or moral obligation to tell the truth or taking responsibility; When it comes to a criminal investigation, you always protect yourself. Whether you did it or not, any decent attorney will tell you to know when to shut up. [Just for clarification and so you don't read into things, I'm not talking about doing some "am I under arrest or free to leave" crap that's all over YouTube. Everyone just needs to know that people get arrested all the time for statements made in good faith during "routine" questioning because they fail to comprehend that their right to remain silent exists even before you're mirandized.]

And you can NOT get arrested because "you aren't cooperating".  There is no law that says you MUST cooperate or answer any questions (regardless of the circumstances). Why? The 5th Amendment.

Quote
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

But hey, if you (or anyone) ever find yourself in such a situation feel free to say/do what you want. I can guarantee that if you admit to anything, you'll find yourself in cuffs, posting bail, surrendering your permit to acquire along with ALL your firearms & ammo until they decide whether to prosecute or not.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

Nihonjin

Re: Negligent Discharge
« Reply #12 on: June 29, 2013, 11:32:33 AM »
 :)
« Last Edit: July 01, 2013, 02:53:04 AM by Nihonjin »

Nihonjin

Re: Negligent Discharge
« Reply #13 on: June 29, 2013, 11:35:57 AM »
 :)
« Last Edit: July 01, 2013, 02:53:18 AM by Nihonjin »

Funtimes

Re: Negligent Discharge
« Reply #14 on: June 29, 2013, 05:13:19 PM »
And possibly get arrested more so because you aren't cooperating. Just be honest. Own up to your mistake.

Obstruction charge?

Are you serious? You have got to be joking or have little understanding how the legal system works.  Obstruction, for not turning yourself in for something. The fifth amendment is rolling over in it's grave for you.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

Funtimes

Re: Negligent Discharge
« Reply #15 on: June 29, 2013, 05:18:33 PM »
The point was when someone lies to a police officer, they are impeding (interfering, hindering, obstructing) their investigation, which is a chargeable offense. So it's better to say nothing, than to lie. And it's not about some code of honor or moral obligation to tell the truth or taking responsibility; When it comes to a criminal investigation, you always protect yourself. Whether you did it or not, any decent attorney will tell you to know when to shut up. [Just for clarification and so you don't read into things, I'm not talking about doing some "am I under arrest or free to leave" crap that's all over YouTube. Everyone just needs to know that people get arrested all the time for statements made in good faith during "routine" questioning because they fail to comprehend that their right to remain silent exists even before you're mirandized.]

People lie to the police all the time, "No Officer, I wasn't speeding."  You have no obligation to tell them anything truthful (unless they are the Feds), or are under oath for something. 

Re: Miranda - people really mistake what this is for and should read up on it.

Re: "am I under arrest or free to leave" - that would generally be am I being detained or am I free to go, because he has to answer or I will walk away from them or drive my car away.  There is absolutely nothing wrong with that information presented on youtube; in fact, it's spot on for what you should do.

Re: Right to remain silent - you need to articulate that you do not want to speak to them, and that you want an attorney prior to questioning.  Failure to do so, could impose guilt on you later in court for remaining quiet.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Kingkeoni

Re: Negligent Discharge
« Reply #16 on: June 29, 2013, 06:41:44 PM »
As long as no one gets hurt, deny deny deny.

"Yes officer, I heard a loud bang too. I have no idea where it came from."
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Nihonjin

Re: Negligent Discharge
« Reply #17 on: June 29, 2013, 07:15:33 PM »
 :)
« Last Edit: July 01, 2013, 02:53:39 AM by Nihonjin »

michalebsdad

Re: Negligent Discharge
« Reply #18 on: June 29, 2013, 08:51:01 PM »
I'm sorry, I'm not understanding what you're referring to here "Obstruction, for not turning yourself in or something".

So lets look at this hypothetical situation.....

You are in your home and you have an accidental discharge of your firearm. Multiple people call the police saying they heard a gunshot coming from your residence. Police show up to investigate. You tell them nothing. They check and find out you do have firearms registered.

Is there not reasonable suspicion to believe you did discharge a firearm in your house?

What happens from there? The police just leave?

I don't tell them anything without first talking to a lawyer.

OldFaithful

Re: Negligent Discharge
« Reply #19 on: June 29, 2013, 10:00:40 PM »
I'm sorry, I'm not understanding what you're referring to here "Obstruction, for not turning yourself in or something".

So lets look at this hypothetical situation.....

You are in your home and you have an accidental discharge of your firearm. Multiple people call the police saying they heard a gunshot coming from your residence. Police show up to investigate. You tell them nothing. They check and find out you do have firearms registered.

Is there not reasonable suspicion to believe you did discharge a firearm in your house?

What happens from there? The police just leave?

Part of the 5th amendment prevents self incrimination.  That means if they ask you did you fire your weapon or whatever, you don't need to say yes or no and incriminate yourself.  You can refuse to answer any question that can potentially make you guilty of something.