Reckless discharge of firearm

[IH8IL]

I was reading the patch and theres a story of a guy in plainfield that accidently fired his handgun while cleaning it. He got charged with reckless discharge. I didnt know reckless discharge was an instant felony. While rare, what happens if you get a slamfire? Bam, you lose your second amendment right? Ive read of police officers here in IL that went the same way and I dont remember them being charged with that. Is there any way to fight that in court. I imagine if noone got hurt and you have a clean record that depending on the circumstances that they might let you slide with something less severe.

[IH8IL]

Heres the story https://patch.com/illinois/plainfield/man-accidentally-fired-gun-while-outside-cleaning-it-sheriff

[Molly B.]

charged and convicted are two different things, please keep an eye on this case and let us know how it ends up.

[Euler]

... While rare, what happens if you get a slamfire? Bam, you lose your second amendment right? ...

Slamfire is a mechanical malfunction, therefore not reckless. Recklessness is willful disregard for the safety of others. You can't willfully have a malfunction. (Although you should always point the muzzle in a safe direction. There's some kind of rule about that....)

 

My gripe is how people play fast and loose with "accidental" versus "negligent." When someone pulls the trigger of a loaded firearm, that's not an accident. It may be stupid, but it's also purposeful.

[IH8IL]

 

... While rare, what happens if you get a slamfire? Bam, you lose your second amendment right? ...

Slamfire is a mechanical malfunction, therefore not reckless. Recklessness is willful disregard for the safety of others. You can't willfully have a malfunction. (Although you should always point the muzzle in a safe direction. There's some kind of rule about that....)My gripe is how people play fast and loose with "accidental" versus "negligent." When someone pulls the trigger of a loaded firearm, that's not an accident. It may be stupid, but it's also purposeful.

I mean anyone should know that. Thats what I meant. Say the cops show up and you tell them what happened. You think theyll believe you? Theyll think you pulled the trigger. Thats also why I put accidental in quotes. I bet most of those calls are of people that did pull the trigger. When I clean my handgun and do anything. Ill check it more then once even if I know its empty just as a habit.

[Euler]

... Say the cops show up and you tell them what happened. You think theyll believe you? ...

It depends on the cops (and the prosecutor). There are lots of police reports filled with "I thought I checked it." It may (or may not) be that guy's first negligent discharge, but it's probably not the cops' first incident report.

 

If I had to guess, I'd say they charged him with recklessness because of the property damage and how close he came to killing someone. Otherwise, it would have been just negligence.

[mab22]

So their round went into his rear neighbors patio door and shattered it, and then lodged into the front door (traveling through the back to the front of the house) and stopping In the front door of his rear yard’s neighbor's house, and he didn’t mention anything while helping clean up the glass.

And initially denied it to the police.

Yea, someone lied and said it wasn’t them only for the police to realize it was them.
THEY got DANG lucky THIER round didn’t hit, let alone kill someone.

The cost of an attorney, replacing the doors, and the whole experience just might be a lesson…

 

 

 

PLAINFIELD, IL — A homeowner watching TV Saturday night was in for a shock when a bullet shattered his sliding glass back door, traveled through his house and lodged in the front door. The shooting, described as accidental by the Will County Sheriff's Office, ended with a 43-year-old resident being arrested on a charge of reckless discharge of a firearm.

Around 9 p.m. June 12, a homeowner on the 14000 block of South Hemingway Circle in Plainfield Township was in his living room watching TV when he heard a "pop" noise and realized his back sliding glass door was shattered. Will County spokesperson Kathy Hoffmeyer said he initially thought the door shattered from the heat, so he started cleaning the shards. After a neighbor, who originally thought the sound might have come from fireworks, came over to help with the clean-up, the resident realized a bullet was lodged in his front door.

Will County Sheriff's Office got a call around 9:50 p.m. about the incident, and Hoffmeyer said deputies went to interview the homeowner's other neighbor, whose backyard meets his. Although he didn't originally admit to it, Hoffmeyer said, Daniel Lacour said he was outside cleaning out his handgun — a Browning 380 — when it accidentally went off. The shell casing from the shot was found in his yard.

[EdDinIL]

If it's a mechanical malfunction like a slamfire, and the "only" thing the defendant did wrong was pointing the gun in an unsafe direction, i.e. at his neighbor's house, does that rise to a legal definition level of recklessness, or at least to a level where a prosecutor might think a conviction is obtainable?

[mrmagloo]

I think he would have helped himself had he immediately fessed up. If the backyards adjoined, he had to know the neighbors house was hit. You would absolutely hear a patio door shatter. Pretty callous, irresponsible guy if you ask me. And to be clear, the idiot was NOT the neighbor helping to clean up the glass. He didn't even bother to see if everyone was alright, at the very least. POS. I agree he needs the book thrown at him.