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Discussion in 'In the News' started by Bkite, Jun 3, 2018.
Another proud graduate of the Lee Paige School of Gun Handling!
Maybe the FBI will be interested in this.
I'd bet a dollar his holster did not have any type of a retention strap or snap or such on it. And thats the reason I will not use a holster without some type of that anywhere other than the range during a IDPA match.
Well, certainly not when doing backflips - that's for sure...
That's why I refuse to do backflips anymore in public.
Looks like a negligent discharge to me where if he'd had slowed down and picked it up proper, wouldn't have happened.
Yep. Never, ever try to catch a falling gun. But that is very counter-intuitive.
Good thing he didn't go full semi auto with it!
Or semi full automatic either.
I agree, but one can only imagine the stress of that “Oh S***!” moment and trying to hastily regain control of the firearm unless it has happened to you in similar circumstances. It’s also worth noting he possibly picked the gun up with his non-dominant hand, which could’ve helped what happened, happen.
He most certainly screwed pooch, though.
How did he get that assault rifle that in his waist band?
2 years probation
An attorney for the victim told CNN affiliate KMGH that the bullet hit the victim's main artery and that he could have bled to death if not for a person who applied a tourniquet.
Doesn't that length of sentence disqualify him from ever possessing firearms, per Federal Law?
It is not the length of the sentence, but the conviction of a crime that is punishable by imprisonment for a term exceeding one year.
18 USC 922(g)(1) says it is illegal for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year." That does not include, however, any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. See 18 USC 921(a)(20) (this is just one statute earlier and is the definitions section for the chapter. It is well worth reading).
In this case, third degree assault is a Colorado Class 1 misdemeanor, which means punishable by 6 to 18 months in the county jail. It is the lowest assault charge (the rest are felonies). I have no idea how a 6 to 18 month sentence turns into two years of probation.
Anyway, the federal government recognized that some states impose lengthier terms for minor crimes, so they do not include state misdemeanors punishable by imprisonment for two years or less.
Good question Phil.
Looks like he could have been convicted of subsection (d) for second degree assault.
It looks like the only difference is whether the bodily injury is "serious." Just one word.
I am betting there must be a lot of litigation over what is serious bodily injury and what is merely bodily injury.
One is a felony with prison time. The other is a misdemeanor with county jail time. The consequences of conviction for one or the other are vastly different.
Normally, a back flip is impressive.
Causing a weapon to fire, whether intentionally or negligently, striking another in the groin area, causing severe bleeding, requiring a tourniquet to control blood loss which could quickly cause death is serious.
That is subtle sarcasm.