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Re: CHL holder accidently discharges weapon at work question
Posted: Wed Sep 07, 2011 10:01 pm
by grumbler
Beiruty wrote:If nothing is reported, that is good for the shooter. It is negligent discharge for sure. Did the shooter lose his job? Or is he the business owner?
If he is the business owner. maybe no law is broken.
I was in bit of similar situation. Last Saturday, I was at my friend's house for BBQ. I disarmed and stored my unloaded carry pistol in one of the bedroom's cabinet. We are going to swim and play basketball from the pool
so I had to disarm and my friend did not mind.
Before I left, I was asked about guns and had to present my "piece" for show and tell. Did I break any laws, technically maybe, but who is going to call 911 and report a man with a gun? May I claim I was engaged in "sporting" activity when showing my gun?
No shooter did not loose job, he is not the business owner, HR policy states instant termination for such occurrence but he is managers buddy. Him not getting fired has opened a huge can of worms, anti gun left wing wackos are freaking out, other people disciplined for far less are mad, other CHL holders are debating as stated earlier. We have really strict HR policies regarding fire arms. Him having it in the building was supposed to be grounds for no questions asked termination let alone firing it.
Re: CHL holder accidently discharges weapon at work question
Posted: Wed Sep 07, 2011 10:06 pm
by Beiruty
Your friend is lucky, very lucky for keeping his job. He may be disciplined by loosing some off-time or getting a warning letter. Reporting him to DPS would be counterproductive. Most likely DPS would not take action as no one is hurt nor anyone called when the firearm was displayed.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 12:06 am
by Jusster
I know at my job the cops would have been called and he would be fired on the spot. As others have said very irresponsible and a disappointment that he has a CHL. In front of a crowd too? Just amazing!!!
Jusster
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 6:39 am
by Purplehood
grumbler wrote:To make it clear, the gun owner cleared the weapon and fired the weapon, he thought he had cleared it but left the clip in. He never handed it to anyone in the crowd of people standing around.
1. That is not clearing a weapon. He failed to clear it.
2. It is a magazine, not a clip.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 7:16 am
by Seabear
I have seen this exact thing happen to an instructor. It 's just way too stupid.
Should he be fired ? Depends on the HR Rules. If they have rules against it then they need to follow their own rules.
Should he lose his CHL? I don't think so, although he is lucky nobody called the cops. If every CHL'er that made a mistake got their license yanked, we would have half as many. If every mistake was made public to the anti gun world , we would all lose our licenses. Careful what you wish for.
This is why every weapon that is handed to another person should have the "magazine" removed , chamber cleared, and left locked open. With revolvers, I empty the cylinder, visually check, and then count the rounds in my hand. Then I hand over the revolver without closing the cylinder.
I agree it was a "negligent" discharge not "accidental".
I also agree it is a "magazine" not a "clip" however when you go to the gun shows the booth that sells nothing but "magazines" has a sign that says "Clips". They do this so the novices won't they are selling "publications" and avoid their booth. LOL
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 7:26 am
by DONT TREAD ON ME
HOLY CRAP!!!
I cannot believe that a CHLer could be this stupid. This is just ridiculous.
He blatantly pulled the gun out in public to show someone. Then fails to drop the magazine while attempting to clear it, WOW!
As was stated above he could be charged with numerous offenses and should be fired for stupidity alone.
TPC 46.035 definitely applies...
TPC 46.035 wrote:UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun...
...(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor
TPC 42.01 applies...
TPC 42.01 wrote: DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
And then there are any city ordinances that are in place for something like this.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 7:43 am
by MasterOfNone
DONT TREAD ON ME wrote:TPC 42.01 applies...
TPC 42.01 wrote: DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
If the guy thought he had cleared the gun, 42.01 should not apply.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 7:46 am
by DONT TREAD ON ME
MasterOfNone wrote:DONT TREAD ON ME wrote:TPC 42.01 applies...
TPC 42.01 wrote: DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
If the guy thought he had cleared the gun, 42.01 should not apply.
I am betting they could get it to stick since he intentionally pulled the trigger. JMO.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 7:48 am
by Texas Size 11
grumbler wrote:Beiruty wrote:If nothing is reported, that is good for the shooter. It is negligent discharge for sure. Did the shooter lose his job? Or is he the business owner?
If he is the business owner. maybe no law is broken.
I was in bit of similar situation. Last Saturday, I was at my friend's house for BBQ. I disarmed and stored my unloaded carry pistol in one of the bedroom's cabinet. We are going to swim and play basketball from the pool
so I had to disarm and my friend did not mind.
Before I left, I was asked about guns and had to present my "piece" for show and tell. Did I break any laws, technically maybe, but who is going to call 911 and report a man with a gun? May I claim I was engaged in "sporting" activity when showing my gun?
No shooter did not loose job, he is not the business owner, HR policy states instant termination for such occurrence but he is managers buddy. Him not getting fired has opened a huge can of worms, anti gun left wing wackos are freaking out, other people disciplined for far less are mad, other CHL holders are debating as stated earlier. We have really strict HR policies regarding fire arms. Him having it in the building was supposed to be grounds for no questions asked termination let alone firing it.
Anti-gun wacko or not, this dude should be terminated. Dumb decisions all the way around for this fella. Yikes.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 8:16 am
by fishman
Lucky no one was hurt or killed. If he can't be more responsible with HIS gun, then he should probably turn in his CHL, and stop giving the rest of us a bad name. The question has been asked soooooo many times. How many people have been killed by an unloaded gun?
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 8:20 am
by Keith B
The CHL holder put lives in danger by taking his concealed weapon out and improperly handling it creating the negligent discharge. He should lose his job, be charged with a crime and lose his CHL. Additionally, if his Manager fails to report this to HR and tries to protect him, I am sure it is a violation of the companies policy and Code of Business Conduct and the manager should be fired also.
My opinion is you should report it to HR and let them handle the situation.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 8:24 am
by 3dfxMM
DONT TREAD ON ME wrote:HOLY CRAP!!!
I cannot believe that a CHLer could be this stupid. This is just ridiculous.
<stuff deleted>
While it is pretty well established that CHLers are more law abiding than average, there is no real evidence nor is there a requirement that they be smarter than average. :(
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 8:30 am
by DONT TREAD ON ME
3dfxMM wrote:DONT TREAD ON ME wrote:HOLY CRAP!!!
I cannot believe that a CHLer could be this stupid. This is just ridiculous.
<stuff deleted>
While it is pretty well established that CHLers are more law abiding than average, there is no real evidence nor is there a requirement that they be smarter than average. :(
While I understand that the CHL course not only teaches safety but pertinent laws, at least the one I went to. The instructor was very adamant that breaking a law could get our CHL taken away.
Re: CHL holder accidently discharges weapon at work question
Posted: Thu Sep 08, 2011 8:40 am
by Purplehood
MasterOfNone wrote:DONT TREAD ON ME wrote:TPC 42.01 applies...
TPC 42.01 wrote: DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
If the guy thought he had cleared the gun, 42.01 should not apply.
He intentionally failed to conceal, let alone pulled the trigger after failing to clear the weapon.