paramedic70002
Regular Member
I'm curious what the OP was HUNTING in her car. The title of the Code in question seems to imply that it is about reckless hunting.
This was an accidental discharge, noting that we commonly use the word, "accident" to include acts of simple negligence, along with random, unpredictable events. This may have been an act of simple negligence. However the facts indicate that she was doing what she could to do what she was doing safely, and in particular, being scrupulous about keeping the muzzle pointed in a safe direction. She made a couple of mistakes, first in the order of operations, resulting in a round being in the chamber unexpectedly, and secondly, attempting to remove the slide (requiring a pull of the trigger) instead of merely locking the slide back. But such mistakes coupled with adherence to the safety rules do not constitute "gross negligence", much less "recklessness".
Recklessness, in the criminal context, requires such a degree of indifference to life, limb, and property, as to constitute criminal malice. If she'd had the gun pointed at a crowd of people when attempting to unload it instead of down at the seat in the van, that would have been recklessness. This was not reckless handling of a firearm, it was careful handling of a firearm with a couple of unfortunate mistakes. If she hadn't been the owner of the vehicle that now has a hole in the seat, the owner could sue her for negligence, but this was clearly not a crime, and I think it was wrong to have charged her.
I have observed an increase, generally, in such charges around Virginia, which I believe is merely an attempt to "get guns off the street" on the part of law enforcement, since they always seize the guns and almost never give them back.
I'm curious what the OP was HUNTING in her car. The title of the Code in question seems to imply that it is about reckless hunting.
Thanks for the input Dan.
How may funds be directed to assist in this ladies defense?
From the original post:
Anyone wishing to help with my legal defense fund may send a contribution directly to Dan Hawes, PO Box 100, Broad Run, VA 20137-0100, please reference "Accidental2012".
I sent my check there via mail.
From the original post:
Anyone wishing to help with my legal defense fund may send a contribution directly to Dan Hawes, PO Box 100, Broad Run, VA 20137-0100, please reference "Accidental2012".
I sent my check there via mail.
Dan has asked to reference "Minnie" in the memo line of any checks to him on my behalf for this case.
Hmmm have to find the checkbook, I haven't written a paper check in years.
If you have on-line banking you can send funds via that. Enter "Virgiinia Legal Defense" as the payee, the address, and a memo to designate who the funds are for. When your bank cannot find an electronic account they will generate a paper check and put it in the USPS. No extra charge to you.
Saves looking for those mythical "cheques" and hunting down a postage stamp.
stay safe.
I will step to the front of the line and tell you that I have elected to unload/clear in my vehicle, rather than in public/out of the vehicle.
Normally that will be with me standing between the door and the interior with the pistol pointed down at a safe location in the floorboard but not at the engine, transmission or frame with wires and hydraulics. Occasionally the clearing will be done seated with the same attention to direction. Do I like it? No? There are times though that it is the most prudent way to accomplish this.
I will step to the front of the line and tell you that I have elected to unload/clear in my vehicle, rather than in public/out of the vehicle.
Normally that will be with me standing between the door and the interior with the pistol pointed down at a safe location in the floorboard but not at the engine, transmission or frame with wires and hydraulics. Occasionally the clearing will be done seated with the same attention to direction. Do I like it? No? There are times though that it is the most prudent way to accomplish this.
The OP stated is was not her firearm. Which suggests to me she should not have had the firearm in the first place, assuming she was not familiar with it.
By the way, I thought I should add that I have personally met with the defendant and her husband and we chatted for some hours. I can't answer all the questions that have been raised here, obviously, however I can say that, because of a number of personal financial and health-related problems, as well as having six kids to take care of, I have satisfied myself that these folks need financial help. I also believe that the lady is genuinely not guilty of the crime with which she has been charged. Otherwise, I would not have suggested that they ask for help.
Based on this I would say that you think no one should ever own gun. Simply buying it does not mean you will be familiar with. The only way to become familiar with it is to handle it. I mean let's say you shouldn't drive because you have never driven before right?
Accidents do happen. Thankfully it's never happened to me but I have seen it happen to others during my military career. To punish someone for an accident that happened because the law lets stores come up wih their own firearm policy's is mind boggling. Sure private property has the right to say wheather they want firearms on their property. But dont punish someone for an accident because state law lets you do one thing and three feet later it requires you to do another.
I may not have said that as well as I meant. But it just makes little sense to me. If you don't want to follow. Virginia law Ben get out of my state. That goes for both citizens and businesses.