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Thread: CCW shooting in Sparks theater

  1. #1
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    CCW shooting in Sparks theater

    This would have never happened with open carry of a real gun!

    P.S. Never believe a word Sparks P.D. says or writes.


    www.sparkspd.com

    Shots Fired
    Wed, 08/15/2012 - 00:54
    Case #12-6747

    Type of Incident: Shots Fired

    Date and Time of Incident: August 14, 2012 @ 8:37 p.mp

    Location: 1250 Victorian Ave.


    Additioanl information:

    Sparks Police received several calls of shots being fired at the Sparks Century Theater in downtown Sparks around 8:40 p.m. One caller had advised of 7 to 8 shots being fired in one of the theaters inside the building. Several police units responded as well as fire and medical personnel. Upon arrival police made entry and confirmed no one on scene was injured. It was then discovered that only one shot had been fired at a showing of the Bourne Legacy. Witnesses inside the theater at the time the shot was fired stated that a subject was adjusting himself in his seat when a gun he had on him discharged. The subject got up, apologized, and exited the theater prior to police arrival. The subject was later located at a hospital in Reno with a through and through gunshot wound to his buttocks. The subjects wound is not considered to be life threatening. The subject was cooperative with police and admitted that his gun fell out of his pocket and when it hit the floor it discharged. The subject has a valid permit to carry a concealed weapon. When the investigation is complete, the case will be forwarded to the City Attorneys' Office for possible charges related to the discharging of the firearm.

    ***Additional Information*** The subject was found to be a 56 year old Sparks resident. There was no panic in the theater as only 5 people heard the shot out of the approximate 30 people in attendance. The suspect also immediately got up and apologized to those around him and left.


    Releasing Authority: Dyer, Pat Police Sergeant Police Patrol pdyer@cityofsparks.us 775-353-2432

  2. #2
    Regular Member The Big Guy's Avatar
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    That's all we needed.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  3. #3
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    Pocket carry fail. Get a quality holster and a quality belt.

  4. #4
    Regular Member twoskinsonemanns's Avatar
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    Hit the floor and discharged? I think everyone of my handguns have some sort of trigger safety. I thought it was the norm on most modern guns...
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    Sounds like more of a firing pin or hammer fail, than a trigger safety fail. Given the pocket carry, combined with the 'only heard by 5,' I will guess a .25 at the biggest, maybe a .22. Maybe one of the off-brand compacts?
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Just now got off the phone with Sgt. Dyer of Sparks PD.

    The gun in question was a Walther PPK. You know those. Safety was not on at the time.
    Gun was in a front pocket, no holster. Guy shifted in his seat, gun slipped between the seat and the armrest, fell, landed on the hammer, gun fired.
    Guy is a veteran, CCW holder (obviously), and owns several firearms.
    He's more embarrassed than anything, and is just happy that nobody besides him was injured.
    It is not likely that he will lose his CCW.

  7. #7
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    Quote Originally Posted by b0neZ View Post
    Just now got off the phone with Sgt. Dyer of Sparks PD.

    The gun in question was a Walther PPK. You know those. Safety was not on at the time.
    Gun was in a front pocket, no holster. Guy shifted in his seat, gun slipped between the seat and the armrest, fell, landed on the hammer, gun fired.
    Guy is a veteran, CCW holder (obviously), and owns several firearms.
    He's more embarrassed than anything, and is just happy that nobody besides him was injured.
    It is not likely that he will lose his CCW.
    Nevada Campus Carry: The Movement Continues
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  8. #8
    Regular Member jdholmes's Avatar
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    CCW shooting in Sparks theater

    He deserved a bullet in his rear for that act of stupidity...wow.

    What possesses a veteran with experience and ownership of several firearms to just "stick" a gun in his pocket...forget the no safety part that goes beyond stupid.

  9. #9
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    Re: CCW shooting in Sparks theater

    This is why having a community like ours is so important. We can school each other to not do things like this. At least no one else was hurt. Sure does make the case for open carry though.

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  10. #10
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    its being talked about all over the country,
    I had a loaded .32 derringer that I picked up for cheap a long time ago - on a table- a truck drove by and the table vibrated and the gun fell off and went bang. I got rid of it real quick.

  11. #11
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    He was charged with discharging a firearm within city limits, a misdemeanor.
    Last edited by Yard Sale; 08-27-2012 at 04:55 PM.

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    Quote Originally Posted by Yard Sale View Post
    He was charged with discharging a firearm within city limits, a misdemeanor.
    should have had a more discreet doctor. He would have been OK...never would have found him.

  13. #13
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    Quote Originally Posted by Yard Sale View Post
    He was charged with discharging a firearm within city limits, a misdemeanor.
    Frankly, that shouldn't stick. It was a ND, not an intentional discharge.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Re: CCW shooting in Sparks theater

    You'd think getting shot in the ass would penalty enough.

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  15. #15
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    Quote Originally Posted by wrightme View Post
    Frankly, that shouldn't stick. It was a ND, not an intentional discharge.
    I agree:

    NRS 202.287 Discharging firearm within or from structure or vehicle; penalties.

    1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:

    I don't believe he was "malicious or wantonly"

    I couldn't find any other NRS that would apply.
    Last edited by FallonJeeper; 08-28-2012 at 01:04 AM.
    Hoka hey

  16. #16
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    Quote Originally Posted by davidmcbeth View Post
    should have had a more discreet doctor. He would have been OK...never would have found him.
    Also would've had a criminal doctor, as they're required by law to report gun shot wounds.

    Guy is getting what he deserved. Absolutely no reason for this to happen except negligence, as in he wasn't paying attention and could've hurt those around him. I'll go as far as to say I hope he gets a very light sentence (community service, even mandatory CCW class time would be fine with me). Yes it was an accident, but he obviously didn't put enough care into his carry system and he could've KILLED someone.


    ETA: If he gets off on the technicality of those two highlighted words above me, good for him. It was still reckless endangerment at the least.
    Last edited by jfrey123; 08-28-2012 at 01:08 AM.

  17. #17
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    A veteran CCW holder? I really question that statement. Most of us have other firearms that could be CCed. I also believe like me, most would chose to only public carry the firearm we would consider to have the most robust and reliable safety system. This person did not do us any favors. Another reason I only carry what I considered my firearm with the best safety system. An injury like that would have gave me brain damage.
    Last edited by 28kfps; 08-29-2012 at 12:58 AM.

  18. #18
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    I feel obliged to point out that this is the perfect opportunity to resurrect the old "to Shoulder-rig, or not to Shoulder-rig" debate.

    ::ducks::
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  19. #19
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    Quote Originally Posted by Merlin View Post
    I feel obliged to point out that this is the perfect opportunity to resurrect the old "to Shoulder-rig, or not to Shoulder-rig" debate.

    ::ducks::
    At first I was thinking, "Why?! This guy was pocket carrying!" But I saw your ::ducks:: and figured out you were joking.


    Update in the RGJ: http://www.rgj.com/article/20120827/...-lesson-others


    "The father of two said he believed he could loosely carry his .380 semi-automatic Walther PPK pistol in his pocket due to its small size. He also felt his pocket concealed it enough. Eagleheart described his pistol as a “James Bond style” that “is just enough to defend yourself and not hurt anybody.” He said he is not armed when he works his security job at a downtown Reno casino."

    Not hurt anybody? First, you live in a fantasy land if you don't think .380 can kill. Second, it put yourself in the hospital with surgery scheduled for next week, and YOU STILL SAY it can't hurt anybody? My opinion has been validated in my mind: this guy is an idiot.


    "I know now it’s not a good idea to put my weapon in my pocket,” he said. “I am a very skilled person when it comes to weapons, but I guess I was kind of dumb that night.”"

    Damned right you were kind of dumb that night! Plus, your "James Bond gun" has a ******* safety. You should've used a holster, you should've used the safety, you should've have not dropped the damned gun in the first place and made the rest of us look bad. You were triple dumb that night!!!
    Last edited by jfrey123; 08-28-2012 at 12:05 PM.

  20. #20
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    Quote Originally Posted by FallonJeeper View Post
    I agree:

    NRS 202.287 Discharging firearm within or from structure or vehicle; penalties.

    1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:

    I don't believe he was "malicious or wantonly"

    I couldn't find any other NRS that would apply.
    He was charged with a complaint in Sparks Municipal Court, which means he was either charged with a NRS misdemeanor or a Sparks Municipal Code, likely this one:

    Section 9.66.020 Discharging firearms.

    A. Except as provided in subsections B and C of this section, it is unlawful for any person to discharge any gun, pistol or other firearm in or upon any street, highway, alley or other public place, or in, upon or about any building or vacant lot, or any other place within the city.
    B. Nothing in this section prevents the establishment and running of a shooting gallery properly enclosed and permitted by license of the city council under the provisions of Title 5 of this code.
    C. Nothing in this section applies to any sheriff, deputy sheriff, policeman or other peace officer who discharges any pistol or other firearm in the lawful exercise of his duties.
    (1962 Code 25.095.)
    Since he's an idiot who spoke to cops, his only defense is, "No person discharged it." But he said in the interview he would just pay the fine.

  21. #21
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    Quote Originally Posted by Yard Sale View Post
    He was charged with a complaint in Sparks Municipal Court, which means he was either charged with a NRS misdemeanor or a Sparks Municipal Code, likely this one:


    Since he's an idiot who spoke to cops, his only defense is, "No person discharged it." But he said in the interview he would just pay the fine.
    Yeah,
    if he has a real slick lawyer he might be able to beat it. But if the Sparks ordinance is only a fine, how much? Probably would cost more for legal fees than just paying.
    Hoka hey

  22. #22
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    Quote Originally Posted by Yard Sale View Post
    Since he's an idiot who spoke to cops, his only defense is, "No person discharged it." But he said in the interview he would just pay the fine.
    No, he's an idiot who was carrying unsafely, which resulted in a negligent discharge. He SHOULD pay the fine, and thank God that's all he has to worry about.

  23. #23
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    Quote Originally Posted by FallonJeeper View Post
    Yeah,
    if he has a real slick lawyer he might be able to beat it. But if the Sparks ordinance is only a fine, how much? Probably would cost more for legal fees than just paying.
    $1000 max. With assessments it's $1,137. Ask me how I know. Additionally, he could face jail time. I'm not sure if he could be forced to attend some kind of gun safety class at his own expense.

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    CCW shooting in Sparks theater

    Yard sale, how do you know?



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