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Thread: Another idiot reporter

  1. #1
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    http://www.fox13now.com/news/kstu-to...,1797587.story

    Police did not divulge information about the firearm's registration, or whether it was registered or not. Police are still investigating and will more than likely file charges later.
    And the injury was a cut to the forehead from the recoil.

  2. #2
    Regular Member Utah_Patriot's Avatar
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    Since when do we register our firearm's. She's a single mom who use's her gun for home protection.

    She made a mistake leaving a loaded gun lying around. I would recommend in lieu of charges she goes to a firearm safety course.



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    Zachary

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    Zach
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    "A fear of weapons is a sign of retarded sexual and emotional maturity"

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    Regular Member LovesHisXD45's Avatar
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    gunsfreak4791 wrote:
    Since when do we register our firearm's. She's a single mom who use's her gun for home protection.

    She made a mistake leaving a loaded gun lying around. I would recommend in lieu of charges she goes to a firearm safety course.



    Thanks

    Zachary

    801-448-7574
    +1 She should have known better than to leave it in plain sight. It should have been hidden better somewhere accessible to her but not so easily to the kids. Also, she should make special precaution not to leave one in the pipe when children are around. It only takes a second to rack a round if she needs it. I know that 1 second can mean the difference between life and death, but with kids in the apartment, you have to make exceptions for the sake of safety. I move my sidearm to a new location in the house when my kids come to visit on the weekends for this very reason.

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    What she needs more than any of the above suggestions is someone to take her and the kids to the range and teach them all proper safe handling. The three and four year olds are old enough to learn what a firearm can do and how to treat them safely.

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    LovesHisXD45 wrote:
    gunsfreak4791 wrote:
    Since when do we register our firearm's. She's a single mom who use's her gun for home protection.

    She made a mistake leaving a loaded gun lying around. I would recommend in lieu of charges she goes to a firearm safety course.



    Thanks

    Zachary

    801-448-7574
    +1 She should have known better than to leave it in plain sight. It should have been hidden better somewhere accessible to her but not so easily to the kids. Also, she should make special precaution not to leave one in the pipe when children are around. It only takes a second to rack a round if she needs it. I know that 1 second can mean the difference between life and death, but with kids in the apartment, you have to make exceptions for the sake of safety. I move my sidearm to a new location in the house when my kids come to visit on the weekends for this very reason.

    Kevin
    Gotten a hold of, nothing about plain sight. There are too many variables to consider especially with the little to no information the article contained. Correct me if I'm wrong but according to the article the only crime committed was the discharge of a firearm within city limits. Charge the kid the 3 yr old and be done with it because I don't believe it will ever happen again in the home.

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    Unfortunately, I could see them charging the mother with providing a handgun to a minor


    76-10-509.4. Prohibition of possession of certain weapons by minors.
    (1) A minor under 18 years of age may not possess a handgun.
    (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
    (a) a sawed-off rifle or sawed-off shotgun; or
    (b) a fully automatic weapon.
    (3) Any person who violates Subsection (1) is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (4) Any person who violates Subsection (2) is guilty of a third degree felony.

    76-10-509.5. Penalties for providing certain weapons to a minor.
    (1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (2) Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.
    or possibly reckless endangerment.

    76-5-112. Reckless endangerment -- Penalty.
    (1) A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.
    (2) Reckless endangerment is a class A misdemeanor.

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    Maybe reckless endangerment. She didn't willfully provide the handgun. At least that would be my guess. I'm happy to hear the kid is alive. How do these things make the news? Someone calls the police and the reporters have a police scanner? I think more AD and ND happen than are reported. I know if it ever happened to me and no one was injured, I wouldn't call the police. That's just asking for a citation and unwanted media attention.

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    rpyne wrote:
    Unfortunately, I could see them charging the mother with providing a handgun to a minor


    76-10-509.4. Prohibition of possession of certain weapons by minors.
    (1) A minor under 18 years of age may not possess a handgun.
    (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
    (a) a sawed-off rifle or sawed-off shotgun; or
    (b) a fully automatic weapon.
    (3) Any person who violates Subsection (1) is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (4) Any person who violates Subsection (2) is guilty of a third degree felony.

    76-10-509.5. Penalties for providing certain weapons to a minor.
    (1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (2) Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.
    or possibly reckless endangerment.

    76-5-112. Reckless endangerment -- Penalty.
    (1) A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.
    (2) Reckless endangerment is a class A misdemeanor.
    LOL, I'm glad you aren't a lawyer because your interpretation of those two statutes is wayyyy off on this one. Sorry, but take this as polite constructive criticism, aight?

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    LovesHisXD45 wrote:
    rpyne wrote:
    Unfortunately, I could see them charging the mother with providing a handgun to a minor


    76-10-509.4. Prohibition of possession of certain weapons by minors.
    (1) A minor under 18 years of age may not possess a handgun.
    (2) Except as provided by federal law, a minor under 18 years of age may not possess the following:
    (a) a sawed-off rifle or sawed-off shotgun; or
    (b) a fully automatic weapon.
    (3) Any person who violates Subsection (1) is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (4) Any person who violates Subsection (2) is guilty of a third degree felony.

    76-10-509.5. Penalties for providing certain weapons to a minor.
    (1) Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of Section 76-10-509.4 is guilty of:
    (a) a class B misdemeanor upon the first offense; and
    (b) a class A misdemeanor for each subsequent offense.
    (2) Any person who transfers in violation of applicable state or federal law a sawed-off rifle, sawed-off shotgun, or fully automatic weapon to a minor is guilty of a third degree felony.
    or possibly reckless endangerment.

    76-5-112. Reckless endangerment -- Penalty.
    (1) A person commits reckless endangerment if, under circumstances not amounting to a felony offense, the person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person.
    (2) Reckless endangerment is a class A misdemeanor.
    LOL, I'm glad you aren't a lawyer because your interpretation of those two statutes is wayyyy off on this one. Sorry, but take this as polite constructive criticism, aight?

    Kevin
    I may not be lawyer, but I do know enough of them to have a fair understanding of how they think. I have also spent a considerable amount of time reading and studying laws and court cases.

    There was no "interpretation" involved, it is simple reading. This may not be what the legislature intended when these statues were passed, but that has never stopped an attorney from using (or twisting) the plain language of the law.

    It is entirely possible that an over zealous anti-gun prosecutor could and would charge the mother under either of the quoted statutes.

    76-10-509.4(1) clearly states that it was illegal for the child to possess the handgun, so the child could be charged. 76-10-509.5(1) clearly states the the person providing that firearm can be charges. There is nothing in the law that says providing the firearm must be intentional. It can be argued that leaving the firearm where it can be accessed by a minor is "providing".

    It is quite easy to argue that leaving a handgun where a child can access it is reckless conduct and leaving that handgun loaded creates substantial risk of death or serious bodily harm to a child who picks it up.




  10. #10
    Regular Member LovesHisXD45's Avatar
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    I see your point. Damn those lawyers!

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    I think it is a wrong idea to fire a recoiling gun at the age of 3. Especially at home.

    He should have trained with a .22 or even an airgun first.

  12. #12
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    Nufrifn Luvezlev wrote:
    I think it is a wrong idea to fire a recoiling gun at the age of 3. Especially at home.

    He should have trained with a .22 or even an airgun first.
    Are you on crack? j/k
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

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    Regular Member thx997303's Avatar
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    Of course, I fully agree that he should have been trained on a .22 first.

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    I think it is not reasonable to let anyone regardless of skill under the age of 5 to fire any sort of weapon capable of causing serious injury. Even if the child is a pedegreed papered ninja cross bred with a jitsu blackbelt and chuck norris

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    crossbreed wrote:
    I think it is not reasonable to let anyone regardless of skill under the age of 5 to fire any sort of weapon capable of causing serious injury. Even if the child is a pedegreed papered ninja cross bred with a jitsu blackbelt and chuck norris
    Spoken like a true NEA liberal. Age has very little to do with maturity. Real parents know when their children are ready.

  16. #16
    Regular Member thx997303's Avatar
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    I think that the only real question here, assuming competent adult supervision, is whether the child has the prerequisite coordination and strength to fire the weapon.

    Just my opinion.

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