Oooops

Discussion in 'In the News' started by Bkite, Jun 3, 2018.

  1. moe mensale

    moe mensale Well-Known Member

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    Another proud graduate of the Lee Paige School of Gun Handling! :shoot: :lol:
     
    theyeti likes this.

  2. Nemo

    Nemo Man of Myth and Legend

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    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.

    Nemo
     
  3. UtiPossidetis

    UtiPossidetis American

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    Well, certainly not when doing backflips - that's for sure...
     
  4. moe mensale

    moe mensale Well-Known Member

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    That's why I refuse to do backflips anymore in public.
     
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  5. phantoms

    phantoms Senior Mumbler

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    Looks like a negligent discharge to me where if he'd had slowed down and picked it up proper, wouldn't have happened.
     
  6. Glockenator

    Glockenator Active Member

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    Yep. Never, ever try to catch a falling gun. But that is very counter-intuitive.
     
  7. Wegahe

    Wegahe NRA Instructor

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    Good thing he didn't go full semi auto with it!
     
  8. Nemo

    Nemo Man of Myth and Legend

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    Or semi full automatic either.

    Nemo
     
  9. HCountyGuy

    HCountyGuy Well-Known Member

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    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.
     
  10. a_springfield

    a_springfield Well-Known Member

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    How did he get that assault rifle that in his waist band?
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  12. Phil1979

    Phil1979 Member Georgia Carry

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    Doesn't that length of sentence disqualify him from ever possessing firearms, per Federal Law?
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No.

    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.
     
    Last edited: Dec 27, 2018
  14. Nemo

    Nemo Man of Myth and Legend

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    Good question Phil.

    Nemo

    https://www.cnn.com/2018/12/21/us/dancing-fbi-agent-no-jail-time/index.html


    https://www.thedenverchannel.com/ne...ads-guilty-to-misdemeanor-assault-avoids-jail


     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Looks like he could have been convicted of subsection (d) for second degree assault.

    https://law.justia.com/codes/colorado/2016/title-18/article-3/part-2/section-18-3-203/

    It looks like the only difference is whether the bodily injury is "serious." Just one word.

    https://law.justia.com/codes/colorado/2016/title-18/article-3/part-2/section-18-3-204/

    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.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Normally, a back flip is impressive.
     
  17. Nemo

    Nemo Man of Myth and Legend

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    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.

    Nemo
     
  18. moe mensale

    moe mensale Well-Known Member

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    That is subtle sarcasm.