Washington Police said a woman was cleaning a gun in her Tacoma apartment early Sunday when it fired into the unit above her where a family was sleeping. A one-year-old and a three-year-old child were asleep in the apartment when the shot was fired through the floor.
No one was injured when the gun fired about 12:20 a.m.
Tacoma police spokeswoman Loretta Cool said, the woman was booked into jail on suspicion of reckless endangerment.
You know what the problem is, though? When a negligent gun owner is charged with first-offense reckless endangerment, they plea-bargain it down to something milder and end up keeping the guns. This kind of negligence should get the full impact of one-strike-you're-out.
"When a negligent gun owner is charged with first-offense reckless endangerment, they plea-bargain it down to something milder and end up keeping the guns."
ReplyDeleteDoesn't have to be plea bargained down Mike. It isn't a felony.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36.050
But it is, all the time.
DeleteDon't the plea bargain misdemeanors down to lesser misdemeanors? Or, was you point that she's keepin' the guns in any event?
Delete"Don't the plea bargain misdemeanors down to lesser misdemeanors? "
DeleteThey do. In this case the original charge is a gross misdemeanor. That is what the two lawyers do. In this case though, she will not become a prohibited person.
What's the sense of the punishment of a law when it gets plea bargained to a lessor crime? If the criminal re-offends, there is no record that he had done the same thing before, because it was bargained down. Expediency to move the process along and show mercy?
Delete"she will not become a prohibited person"
DeleteThat's the problem.
That's the problem.
DeleteWell, it's one (of many) of your problems, anyway. ;-)
Anonymous, even when cases are bargained down to a "lessor" [sic] crime, there is still a record that attaches to the person who is convicted.
Delete"What's the sense of the punishment of a law when it gets plea bargained to a lessor crime? If the criminal re-offends, there is no record that he had done the same thing before, because it was bargained down."
DeleteAnon, if there is a re-offense, court records would show the plea deal in the previous case.
If you bargain a gross misdemeanor to a misdemeanor, the punishment for the next offense is less than if the gross misdemeanor was still on the record. This is how crooks get a LONG list of crimes before they ever get deserved punishment.
DeleteI did negligent discharge yesterday, I'm 18 and it was my first time holding it. But I just accidentally pulled the trigger when I was putting the magazine. And what luckily no one was hurt. So I immediately reported it to the coos. Will I get a felony or charges or penalties or records for that?
ReplyDeleteIf Mikeb had his way, you would be forcibly disarmed for life. Fortunately, since even the most draconian states aren't half as fanatically anti-gun as he is, you can probably chalk it up as a valuable lesson learned, and leave it at that.
DeleteGo forth and sin no more, Anon.
Kurt's right, Anonymous. I have a very rigid response to the misuse of guns. I'm curious though. Didn't you have any training at all before picking up the gun for the first time? Didn't anyone ever tell you about the basic safety rules?
DeleteActually, I don't think it takes training or learning of any kind to know not to put your finger on the trigger before you're ready to fire the gun. My idea is that someone who does something so dangerous and stupid is unfit and incapable of becoming responsible, so disarming such people as soon as possible is the best bet for everyone.
" I don't think it takes training or learning of any kind to know not to put your finger on the trigger before you're ready to fire the gun. My idea is that someone who does something so dangerous and stupid is unfit and incapable of becoming responsible, so disarming such people as soon as possible is the best bet for everyone."
DeleteAs you can see Anon, there is a logical disconnect. In one paragraph he asks about what training you've had, and in the very next suggests you don't really need training. And if you have a negligent discharge, you should suffer a lifelong ban for something he claims doesn't need training for. To quote renowned firearms expert Jeff Cooper,
“Owning a handgun doesn’t make you armed any more than owning a guitar makes you a musician.”
Fortunately, not many others feel the same way. You ARE responsible for damage and/or injury your firearm causes, both legally and civilly. The US military doesn't follow Mike's guidelines and regards negligent discharges as a safety and training issue.
Having a negligent discharge will result in a disciplinary consequence and extensive retraining to prevent any reoccurrences. However, even the government, whom Mike feels should have complete oversight and who should have complete discretion in determining who even possesses a firearm doesn't follow this standard.
There's no disconnect. I asked if he'd had any training and had ever heard of not putting your finger on the trigger, I didn't say those things are sufficient to prevent stupid individuals who are incapable of safely handling guns from doing shit like this.
Delete