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Thread: Stray shot startles teen girl

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    Regular Member TFred's Avatar
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    There's an article in the local paper about an accidental discharge, which apparently resulted in the weapon being confiscated. I took a quick look through the code, but could not find where that is authorized. Anybody know about that? Is this the standard procedure until the case is resolved?

    TFred
    Stray shot startles teen girl
    Police say 14-year-old was lying on her bed when a neighbor accidentally fired a bullet into her room.
    Date published: 4/29/2010
    BY KEITH EPPS

    A Fredericksburg man purchased a gun yesterday, but he didn’t keep it long.

    City police confiscated the 9mm handgun after the man accidentally fired a shot into his neighbor’s apartment, startling a 14-year-old girl, authorities say.

    Police spokeswoman Natatia Bledsoe said the girl was lying on her bed about 4:20 p.m. at the Commons at Cowan Boulevard next to the police station when she heard a gunshot.

    At the same time, a picture hanging on her wall broke. A bullet was later found on her floor next to the wall.

    The girl called her father, who immediately called police. The neighbor who fired the shot also called police to report that he had accidentally discharged his gun, Bledsoe said.

    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.

    The bullet went through three walls and hit a fourth. Fortunately, no one was injured.

    Michael Stroh, 45, was charged with reckless handling of a firearm. He was released on his own recognizance.

    Bledsoe said police recommend that anyone who buys a firearm have proper safety training.

    Keith Epps: 540/374-5404
    kepps@freelancestar.com
    Code of Virginia, § 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
    A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.
    B. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license or privilege to hunt or trap while possessing a firearm for a period of one year to life.

    C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action.

    D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license, or privilege to hunt or trap while in possession of a firearm, for an additional period not to exceed five years. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein.

    (1977, c. 194; 1985, c. 182; 1991, c. 384.)

  2. #2
    Accomplished Advocate peter nap's Avatar
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    They seize the weapon as evidence. Even if you're exonerated, you play hell getting it back sometimes.

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    Regular Member ProShooter's Avatar
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    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    James Reynolds

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    Accomplished Advocate peter nap's Avatar
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    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Maybe he was using a Serpa.

    Just kidding guys!

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    peter nap wrote:
    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Maybe he was using a Serpa.

    Just kidding guys!
    Its hard to teach an oldpeter new tricks !!!

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    Bledsoe said police recommend that anyone who buys a firearm have proper safety training.
    I'm sympathetic to the poor schmuck, but I have to say it looks like they did everything right as near as I can tell, they've got more than enough probable cause to charge him with shooting into or at an occupied dwelling (a felony). Too bad the guy didn'tknow abouttheir recommendation about training before he bought the gun.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member SouthernBoy's Avatar
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    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    I heard about this last night on the news and just sat in awe. Though there were few details (they said he was "trying to separate the bullet from the firing pin" (get that), I can imagine we will hear about this one.

    But what really got me is this individual's almost total lack of caution and basic safety practices. Even though the details are lacking, it is clear that he erred in his handling of the firearm.

    Boy do I hate to see this sort of thing. And thank God no one was hurt - although there is property damage.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Yep, it's evidence, must be seized. Sometimes, depending on the criminal history and situation, the C.A. won't prosecute the case, but hopes it's a wake up call. Accidental discharges are actually pretty common, but usually don't make the news.

    Biggest reason why I have heard of accidental discharges- brand new gun owner reading the manual will put a loaded mag inside the weapon (for some reason it's typically Glock) and rack the slide. Then they will take the mag out believing the weapon is now safe and pull the trigger, thus discharging the remaining round in the chamber. But then again sometimes you will get someone practicing their draw and trigger squeeze that puts on through the 40" LCD. document.write('[img]/images/emoticons/banghead.gif[/img]');[img]images/emoticons/banghead.gif[/img]

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    If this negligent discharge had occurred in my county (Campbell) the gunowner would likely also be facing charges for violating county code restrictions applicable to discharging a firearm within a residential zone, which is also a misdemeanor.

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    Regular Member ProShooter's Avatar
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    SouthernBoy wrote:
    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    I heard about this last night on the news and just sat in awe. Though there were few details (they said he was "trying to separate the bullet from the firing pin" (get that), I can imagine we will hear about this one.



    Did he load the cartridge in backwards? That's the only way I can think of that the bullet would be anywhere near the firing pin.....
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
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    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Ain't that the truth. My father, who taught me gun safety 30 yrs ago, is downright frightening with this. I don't remember that being an issue when I was younger but now I have to keep reminding him.

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    Regular Member SouthernBoy's Avatar
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    ProShooter wrote:
    SouthernBoy wrote:
    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    I heard about this last night on the news and just sat in awe. Though there were few details (they said he was "trying to separate the bullet from the firing pin" (get that), I can imagine we will hear about this one.



    Did he load the cartridge in backwards? That's the only way I can think of that the bullet would be anywhere near the firing pin.....
    My thoughts exactly. One of my pet peeves is people referring to cartridges as bullets which, of course, they're not. But we can't expect news people to know anything about this now can we. And if one happened to know something about firearms, might he be risking his job voicing this knowledge?

    Just as bad as calling magazines, clips.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Regular Member wylde007's Avatar
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    ProShooter wrote:
    ...Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Strangely, because of the bad publicity that arose from ONE INCIDENT, the holsters that would most function to correct that (the SERPA) has gotten an unnecessary bad rap.

    I just can't see how an active retention device that FORCES your index finger to lead the slide could be anything other than beneficial when learning proper draw and acquire technique.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regular Member ProShooter's Avatar
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    wylde007 wrote:
    ProShooter wrote:
    ...Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Strangely, because of the bad publicity that arose from ONE INCIDENT, the holsters that would most function to correct that (the SERPA) has gotten an unnecessary bad rap.

    I just can't see how an active retention device that FORCES your index finger to lead the slide could be anything other than beneficial when learning proper draw and acquire technique.
    The holster itself is beneficial. The problem arises from the gun handler. They know that the finger goes straight to activate the Serpa lock. Once the gun is unlocked, they instantly return back to the gross motor skill that places the finger back in the trigger area. The problem is that the handler hasn't yet developed the muscle memory to keep the finger where it should be. Practice, practice, practice.
    James Reynolds

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    Regular Member thnycav's Avatar
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    Regular Member wylde007's Avatar
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    ProShooter wrote:
    Prefect practice, perfect practice, perfect practice.
    Fixed it for you.

    Practice makes permanent. Perfect practice makes perfect.

    One of the few useful lessons I took from my high school wrestling coach.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regular Member tcmech's Avatar
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    ProShooter wrote:

    Did he load the cartridge in backwards? That's the only way I can think of that the bullet would be anywhere near the firing pin.....
    I guess the HK pistols really will fire everytime. :shock:
    If Obama is the answer; how stupid was the question?

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    Regular Member ProShooter's Avatar
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    tcmech wrote:
    ProShooter wrote:

    Did he load the cartridge in backwards? That's the only way I can think of that the bullet would be anywhere near the firing pin.....
    I guess the HK pistols really will fire everytime. :shock:
    Yep, guess he followed the ad...


    James Reynolds

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    Instructor Bio - http://proactiveshooters.com/about-us/

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    Regular Member wylde007's Avatar
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    ProShooter wrote:
    Yep, guess he followed the ad...
    Holy crap!:shock: Really?

    I wonder if someone lost their job for that little SNAFU?
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  20. #20
    Accomplished Advocate peter nap's Avatar
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    wylde007 wrote:
    ProShooter wrote:
    Yep, guess he followed the ad...
    Holy crap!:shock: Really?

    I wonder if someone lost their job for that little SNAFU?
    I think that's the new improved "Reversible Mag"

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    Regular Member Neplusultra's Avatar
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    ProShooter wrote:
    TFred wrote:
    Bledsoe said the man had just bought the gun two hours earlier and was trying to clear the chamber when it discharged.


    Obvious case of having his finger on the trigger when he did not intend to shoot.

    ......Hardest thing in the world to teach a new gun owner (and alot of old ones too)
    Exactly, whenever I take someone I'm not familiar with to the range I always hand them an unloaded weapon first and watch what they do with their finger. I then either praise or correct them depending on what they did. If they stuck their finger on the trigger I watch them like a hawk after that, well even if they didn'ttoo :^).

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    Regular Member Neplusultra's Avatar
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    user wrote:
    Bledsoe said police recommend that anyone who buys a firearm have proper safety training.
    I'm sympathetic to the poor schmuck, but I have to say it looks like they did everything right as near as I can tell, they've got more than enough probable cause to charge him with shooting into or at an occupied dwelling (a felony). Too bad the guy didn'tknow abouttheir recommendation about training before he bought the gun.
    Wouldn't they have to show he intended to shoot into the building for it to be a felony, which would make sense. The reckless handling code quoted by the OP mentioned a class 1 misdemeanor.

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    Regular Member Neplusultra's Avatar
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    ProShooter wrote:
    tcmech wrote:
    ProShooter wrote:

    Did he load the cartridge in backwards? That's the only way I can think of that the bullet would be anywhere near the firing pin.....
    I guess the HK pistols really will fire everytime. :shock:
    Yep, guess he followed the ad...

    HOLY COW! I was looking at the photo thinking "What is he trying to say"..... What I'd like to know is how did that ever get into print and how in the world did it get distributed :^)!

  24. #24
    Regular Member TFred's Avatar
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    That's what happens when you outsource your graphics design department. Probably to some firm in New York City!!



    TFred


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    Regular Member Neplusultra's Avatar
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    TFred wrote:
    That's what happens when you outsource your graphics design department. Probably to some firm in New York City!!



    TFred
    Maybe this gun usesa feed system like the Boberg shown here;

    http://www.bobergarms.com/video/bobe...ntpending-feed



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