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Thread: Milw. Man Arrested Recklessly Endangering Safety/Negligent Handling

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    Regular Member HandyHamlet's Avatar
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    Milw. Man Arrested Recklessly Endangering Safety/Negligent Handling




    Milw. man arrested after gun goes off inside Burlington Coat Factory


    Police say a man and woman were shopping inside the store when the man took off his coat and handed it to the woman. At some point, police say a handgun fell out of the coat pocket, landed on the floor and a round was discharged.
    http://fox6now.com/2013/12/08/milw-m...-coat-factory/
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    Regular Member Sorcice's Avatar
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    I smell something fishy here. Betting gun didn't have a holster in pocket and she fingered it. Lol

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    Founder's Club Member Grapeshot's Avatar
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    Not a lot of information there, but are we not responsible for every round sent "down range?"

    We shall wait for more information.
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    Marvin W. Jackson, 34, of Milwaukee was arrested on suspicion of recklessly endangering safety by negligent handling of a weapon. Jackson is a valid concealed carry permit holder. The Racine woman was questioned and released by Racine police.

    http://www.jsonline.com/news/wiscons...234993091.html

    Charges not posted at WCCA ATM, there are a number of driving violations.
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    Regular Member davidmcbeth's Avatar
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    No one was hurt ... just an accident ... should not have been charged w/anything.
    Do not take any postings to be the opinion of the poster .. poster may be posting opinions of others and not necessarily himself ... carry on

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    I don't think it really meets the definition of Wis stat 941.30 (1) or(2)

    941.30SUBCHAPTER IV OTHER DANGEROUS INSTRUMENTALITIESAND PRACTICES941.30

    Recklessly endangering safety. 941.30(1)

    (1) First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.

    941.30(2)(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony. - See more at: http://statutes.laws.com/wisconsin/9....Oci9oYCY.dpuf

    But that doesn't mean one well not have to defends oneself and spend lots of time and money doing so.

    Wonder what make and model it was
    Last edited by Firearms Iinstuctor; 12-09-2013 at 07:21 AM.
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    I don't think it really meets the definition of Wis stat 941.30 (1) or(2)
    941.20  Endangering safety by use of dangerous weapon.
    (1) Whoever does any of the following is guilty of a Class A misdemeanor:
    (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon;

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    Regular Member davidmcbeth's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    941.20  Endangering safety by use of dangerous weapon.
    (1) Whoever does any of the following is guilty of a Class A misdemeanor:
    (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon;
    He wasn't handling the gun ... nor operating it.

    Just an accident .. jee wiz, every time there is a coulda situation happens an arrest has to be made?

    No one was hurt ... no harm/no foul.

    I guess a civil issue regarding the damage, if any, that the discharge may have caused.

    If it would have dropped from its holster and he caught it before anything further happened, they'd arrest for that too ....
    Do not take any postings to be the opinion of the poster .. poster may be posting opinions of others and not necessarily himself ... carry on

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    Regular Member BrianB's Avatar
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    I want to know what kind of gun it was because unless it was something very old or very cheap, what was described shouldn't happen.

    At some point, police say a handgun fell out of the coat pocket, landed on the floor and a round was discharged.
    Last edited by BrianB; 12-09-2013 at 08:16 AM.
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    Where was Paul Blart Gekko-45 Mall Ninja that they had to turn themselves in, rather than being cuffed and stuffed (both ends, sausage like) by Murkee's finest?
    Last edited by Nightmare; 12-09-2013 at 08:19 AM.
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    He wasn't handling the gun ... nor operating it.

    Just an accident ..
    It was negligence in this case not some blameless "accident". They were (mis)handling the firearm by manipulating what it was being held in when it fell and discharged. The fact that it was not in some type of a holster or otherwise retained and this fact leading to it falling and discharging is being charged as criminal negligence.

    Quote Originally Posted by davidmcbeth View Post
    If it would have dropped from its holster and he caught it before anything further happened, they'd arrest for that too ....
    No, they would not. Something actually happened and it was not in a "holster" which had a reasonable expectation of safely and effectively retaining it.

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    Quote Originally Posted by Interceptor_Knight View Post
    It was negligence in this case not some blameless "accident". They were (mis)handling the firearm by manipulating what it was being held in when it fell and discharged. The fact that it was not in some type of a holster or otherwise retained and this fact leading to it falling and discharging is being charged as criminal negligence.


    No, they would not. Something actually happened and it was not in a "holster" which had a reasonable expectation of safely and effectively retaining it.
    Maybe maybe not.

    Do we know what the actual charge is or well be, has he had an initial appearance yet the DA might decide to charge some thing different.
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    State of Wisconsin vs. Marvin W Jackson
    Racine County Case Number 2013CM002580
    1 Count 941.20(1)(a) Endanger Safety/Use/Dangerous Weapon, Misd. A
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  14. #14
    Regular Member davidmcbeth's Avatar
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    I see it as a "no harm" "no foul" situation. It was an accident. Guns are not supposed to discharged when dropped.

    Like dropping a stuffed toy and an eye pops out and injures someone ... big crime there.

    Ya never been at a gun range before where an accidental discharge happens? Jeez, we turned into *******?
    Last edited by Grapeshot; 12-09-2013 at 04:35 PM.
    Do not take any postings to be the opinion of the poster .. poster may be posting opinions of others and not necessarily himself ... carry on

    "Filing a notice of trespass with your local, county, state authorities , to keep all town employees off your land, would cut down on the government from interfering or harassing you, at least put you in a little bit stronger legal position" .. chk you local laws (disclaimer)
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I see it as a "no harm" "no foul" situation. It was an accident. Guns are not supposed to discharged when dropped.

    Like dropping a stuffed toy and an eye pops out and injures someone ... big crime there.

    Ya never been at a gun range before where an accidental discharge happens? .
    I know ranges which will ban you from the premises for a single negligent discharge. I have never seen a toy eyeball fly out at over 800 fps. There was property damage and they fled the scene. That alone can get you charged with a crime.

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    a) Endangers another's safety by the negligent operation or handling of a dangerous weapon

    One could argue that here was no handling or operation of the weapon.

    He didn't handle it nor did he operate it.

    I think it is a stretch to say by taking off his coat he was operating or handling it.
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    Founder's Club Member Grapeshot's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    a) Endangers another's safety by the negligent operation or handling of a dangerous weapon

    One could argue that here was no handling or operation of the weapon.

    He didn't handle it nor did he operate it.

    I think it is a stretch to say by taking off his coat he was operating or handling it.
    I'm not sure I agree with that. If I take off my holster with the gun in it, am I not handling the gun? I submit that I am.
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    Quote Originally Posted by Grapeshot View Post
    I'm not sure I agree with that. If I take off my holster with the gun in it, am I not handling the gun? I submit that I am.
    No you are handing a holstered gun, I submit that he was handling his coat with a gun in the pocket.

    If you are handling a closed box with a gun it are handling the gun or the box.

    You are handling a box with a gun in it IMHO.

    Now if you stick your hand in side the box and grab the gun you are now handling the gun.

    Here's the definition of

    handĚling


    /ˈhandl-iNG/


    noun

    noun: handling; plural noun: handlings



    1.



    the act of taking or holding something in the hands



    Thus he was handling his coat with a gun in its pocket.
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  19. #19
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    a) Endangers another's safety by the negligent operation or handling of a dangerous weapon

    One could argue that here was no handling or operation of the weapon.

    He didn't handle it nor did he operate it.

    I think it is a stretch to say by taking off his coat he was operating or handling it.
    One could argue that Elvis is still alive but that would be no less ridiculous..
    He was negligent in the fact that his firearm was not secure. By handling the coat with the handgun inside of it, he was by default also handling the handgun. Let's have some accountability here. The idiot was negligent and there are consequences for negligence. His negligence caused property damage. He can show up in court and try to plea it down, but I see nothing wrong with accountability for negligent actions with deadly weapons.

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    Jackson's silver .38 caliber two-shot derringer fell out, hit the ground

    Bruce Vielmetti updates the story. Jackson ordered not to possess any weapons. Jackson told investigators he works as a bouncer at a Milwaukee night club and carries the gun for protection, normally in a holster, but was in a rush Saturday and just slipped it into his jacket pocket.

    http://www.jsonline.com/blogs/news/235138081.html
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    Regular Member Maverick9's Avatar
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    When first carrying a female friend was carrying something in an Uncle Mike's "holster shaped object".

    She went to a shoe store and in full view (of me LMAO) out pops the little something onto the carpeted floor. Fortunately no body saw it and it didn't take out any fluffy bunny slippers.

    True story. It is 'the story which shall never be mentioned', or some female thing they do. TSWSNBM. Orders come from on high - SWMBO.

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    Burlington is bringing out a new line of Jackson-Trayvon Signature Hoods with real bullet holes «
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    Regular Member OC for ME's Avatar
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    Is the order to not possess any weapons a permanent order or not to possess until after the "trial"? Can gun rights be revoked for a misdemeanor in WI?

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by OC for ME View Post
    Is the order to not possess any weapons a permanent order or not to possess until after the "trial"? Can gun rights be revoked for a misdemeanor in WI?
    Two shot Derringer.....now we know what type of "weapon."

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by OC for ME View Post
    Is the order to not possess any weapons a permanent order or not to possess until after the "trial"? Can gun rights be revoked for a misdemeanor in WI?
    It can be a condition of bond. WI does not typically take away RTBA for misdemeanor with the exception of domestic violence. In addition to a bond condition, the courts can order you to not possess weapons because of a domestic abuse injunction, domestic abuse tribal injunction, child abuse injunction or harassment injunction.

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