By Brandon via concealednation.org
Cody Deneault is the man who had a negligent discharge in a Kansas movie theater just a few days ago, and now he has given his side of the story and an excuse for what happened. “I just had an accident. Accidents happen to everybody, even professionals.” I have to disagree . . .
Completely. I looked up Cody on Facebook and while he isn’t a fan of Concealed Nation, he is a fan of other concealed carry and firearms pages. Why was I looking? Because we post numerous articles about safe firearm handling and it’s people like Cody who need to read them the most.
Cody tells interviewers that he’s former military and that his experience with firearms has nothing to do with what happened, because “accidents happen.”
“I think I either bumped the trigger or pushed it the wrong way or something and it went off,” Cody said. The reason that the gun went off, he says, is because he was trying to reposition the gun in his pants pocket. “I’d say my biggest mistake here was probably I didn’t have a holster,” he said. “And that is on me, for sure.”
I have all the evidence I need to make a solid conclusion: this was negligence. It wasn’t an accident. Negligence is carrying a firearm in your pocket with no trigger protection. Negligence is blindly adjusting your unsecured firearm in a dark movie theater with many people around.
You’re lucky you didn’t shoot someone else besides yourself, Cody.
And if anyone asks my opinion of whether or not you should be allowed to carry a firearm, I say you aren’t ready, regardless of how much training you have under your belt. Your negligence put lives in danger, and that’s not something to be brushed off as an accident.
It boggles my mind how anybody could carry chambered without full trigger guard coverage. It’s crazy. Or at least it’s negligent, as mentioned here. Chambered pocket carry without a holster? Good lord. This wasn’t an accident, it was practically a guarantee.
There is a time and place for condition three carry and unholstered in a pocket would probably be top on that list.
But I don’t think there’s a time for unholstered pocket carry.
So I declare your point moot.
I couldn’t find any reference to make and model, but I’m guessing it wasn’t a DA revolver with a long, hard trigger.
Idiots like this guy will be used as examples by the anti-2A crowd for decades.
Condition 3: Chamber empty, full magazine in place, hammer down.
This was not condition 3.
I think he was saying it should have been Condition 3 if unholstered in pocket.
Something like, “If you are going to carry an unholstered firearm in your pocket, Con 3 is the only way to do it.”
But, I agree with the position that the Full Stop should happen at “Should I carry unholstered in my pocket?”
Nah, a holster is important for several reasons, but safety is not among them. I carried without a holster for several years, my LCP was worse for the wear (corrosion, etc), but never in danger of “going off” because I “bumped the trigger”. While big for a pocket, I’d guess the same could be said for the LC9/.380 or an LCR, or any of several others whose trigger pull is the safety. My bet is some kind of Glock, as usual.
“a holster is important for several reasons, but safety is not among them”
Safety is chief among them.
So, with all the condemnation that’s sure to follow, HERE is the 2A question of the day: now that he’s proven beyond a shadow of a doubt that he doesn’t have the good judgment to avoid a negligent discharge…what?
Shaming? Sure. Then…anything? Or just keep on carryin’? 2A, you know. Doesn’t say anything about “stupid” in the Constitution. Wait until the next time when he actually shoots someone negligently?
Seriously, aside from the keyboard kommanders here saying “bad you you” what (if anything) should happen for this guy and his future right to keep and bear arms?
Absolutely nothing. Freedom isn’t designed to be safe
People say reckless things all the time. Should they forfeit their right to communication?
What should happen to his right to carry a gun? Nothing. He should, however, suffer the legal ramifications of discharging a firearm in public, inciting a panic, and possible reckless negligence. Had he actually shot someone else, he’d be responsible for causing that injury and/or death, such as it might have been.
If someone does something dumb behind the wheel, we don’t immediately revoke their driver’s license, but they do have to pony up to pay for property damage or spend time behind bars for causing injury or death.
Agreed. Remind him that he’s fully liable for any damage he has caused and any he causes in the future. If he injures someone he’s on the hook for that, and if it’s negligent [again] that could mean both civil and criminal liability.
Jeremy-
Did you holster your NAA Mini while it was in your swim shorts?
I have to agree with you. Otherwise, you are seeking to infringe, Is that what you really want?
+1. This guy wins the idiot of the day award.
I agree. By the very definition of the term, it was negligence.
Willing to bet it was a Glock or some other striker -fired with the similar trigger safety design.
My Ruger SR9c uses such a trigger safety, as does my LC9s. There is NO WAY I would put either one in my pants pocket without at a minimum engaging the slide safety and ideally using my Remora holster to protect the trigger as well.
What a utter cop out –
“Honestly officer, I was a victim of random chance! Well, yes I did throw that hammer up in the air over my head, but it wasn’t my fault it fell and broke my jaw!”
I’m curious how many folks have J frames in their pockets without a pocket holster who are going to chime in on the condemnation.
The day I bought my j frame, there’s a 10 day wait here in CA, I bought a pocket holster to have ready when I got it home.
IMHO it’s less likely you’ll have an AD with an unholstered DAO revolver. Less. But why risk it when you can get pocket holsters at a decent price?
Nope. I pocket-carry an Airweight and use a pocket holster. Always. IMO, it’s stupid not to.
I pocket carry a j-frame. In a holster.
I would bet money this was a striker fired, “pocket” gun. Most likely an evil Glock 😉
Since Glocks are evil, it would (in this case) be the guns fault right?
If he were a cop it’d definitely be the guns fault.
I carry a J Frame in a pocket holster. It boggles the mind that someone won’t shell out a measly 20 bucks for one to prevent this very thing from happening. I guess some people have to touch a hot stove or shoot themselves in leg to learn a lesson. Whats the saying, “It could be that the purpose of your life is only to serve as a warning to others.” Thanks for the warning, Cody.
For the couple of decades I carried my J Frame, no matter how I carried it, it was holstered.
I have a pocket holster for my J-frame too. It’s a 640 though, so it’s really heavy. I only carry it my jacket inside pocket. I have other guns that are more convenient to carry.
My god…..
Really? This is the second boneheaded story I’ve heard about a concealed carrier in a month.
i really hope the ‘dumb’ people start to use their heads before this starts rolling into a PR nightmare for ccw/open carry….
Accidental – happening by chance, unintentionally, or unexpectedly
Negligent – failing to take proper care in doing something
Did the weapon discharge by chance? No.
Did the weapon discharge unintentionally? Yes.
Did the weapon discharge unexpectedly? Good question. A reasonable person, with minimal firearms knowledge, should have been capable of expecting, that a loaded firearm in your pocket in condition 1 without proper trigger cover, and then Fudd(ing) around with it could cause undesirable discharge. So, No.
Was there a failing to take proper care in doing something? Yes.
Semantics are important. I am of the belief that no incident of firearm discharge has ever happened were the firearm discharged by itself (accidentally). That all incidents of unintentional firearm discharge are the direct result of negligent obtuse people.
Accidental discharges can legitimately happen, if the firearm is defective or ‘poorly’ designed. A gun with a worn sear or a poorly installed trigger mechanism could fire if bumped. An old school single-action only revolver can fire if dropped with the hammer down on a live chamber.
Hmm I thought for sure it was the nra that was at fault here… Oh maybe it was the gun manufacturer because they didn’t make the trigger “bump the wrong way in a movie theater” safe? Operator head space issue. Send him back to the factory for a refurb. Keep it in your pocket if you want. Don’t use a holster if you want. If you have a manual safety and half a brain this won’t happen. Sorry to all holster nazis. I use and understand why a holster is a fantastic idea. It is however not a crutch to hold up idiotic behavior.
I don’t know, I’ve seen some pretty bad holsters, like this:
http://www.academy.com/shop/pdp/desantis-gunhide-pocket-shot-smith–wesson-bodyguard-380-holster?repChildCatid=1188208
What the hell is this? A negligent Discharge waiting to happen is what it is.
Jeezus, that’s the kind of holster you have to carry in a second, larger holster.
I am not understanding the reasoning behind that thing at all. Looks like the only part of the pistol you can actually grasp is the trigger. I guess you are supposed to pull the whole thing out and shoot with it still “in” the holster?
Yes.
No kidding…
Unfortunately, pocket holster you recommended does not cover the trigger, I pocket carry Ruger LCR with Quick Release Concealed Carry Micro Holster Trigger Stop by Garrison Grip (Black) It’s a thick rubber cylinder with ridges that you put behind the trigger to impede any movement. I cleared & checked to make sure there were no rounds in the cylinder, installed Trigger Stop, pulled the trigger as hard as I could, no movement. If you do need to pull the trigger for self defense, just push the Trigger Stop out with your index finger. The company that makes it has the product for both revolvers and pistols. If you have a make of handgun that accommodates a Micro Holster Trigger Stop, also has advantage of being able to have the handgun ready to fire if need be faster than from a holster. I highly recommend for safe pocket carry
“What the hell is this?”
That’s a wallet holster. Illegal here in Florida.
They work rather well with the Hi-Standard Derringer.
The Hi-Standard Derringer has a trigger pull very much like the Ruger LCR, long, heavy, and smooth. Like Larry in Tx mentioned, the trigger is the safety. It works well for that type of weapon.
http://www.nramuseum.org/guns/the-galleries/modern-firearms-1950-to-present/case-53-arms-of-law-enforcement/high-standard-model-d-100-derringer.aspx
http://www.louisianasportsman.com/lpca/index.php?section=classifieds&event=view&action=single_ad&id=316910&sid=a7bdca6de0707c9d3add6daf72126333
“That’s a wallet holster. Illegal here in Florida.”
Please share the Florida statute which corroborates your utterance….
“Please share the Florida statute which corroborates your utterance….”
Actually, it looks like a Federal issue…
https://www.atf.gov/firearms/firearms-guide-identification-firearms-section-9#wallet-holster
“Section 179.11 of Part 179, Title 27, Code of Federal Regulations,
defines a pistol as follows: A weapon originally designed, made,
and intended to fire a small projectile (bullet) from one or more
barrels when held in one hand, and having (a) a chamber(s) as an
integral part(s) of, or permanently aligned with, the bore(s); and
(b) a short stock designed to be gripped by one hand and at an
angle to and extending below the line of the bore(s). The term
shall not include any gadget device, any gun altered or converted
to resemble a pistol, any gun that fires more than one shot,
without manual reloading, by a single function of the trigger, or
any small portable gun such as: Nazi belt buckle pistol, glove
pistol, or a one-hand stock gun designed to fire fixed shotgun
ammunition.
Placing the High-Standard derringer in the “Wallet-Holster” negates
the use of the birdshead type stock which can no longer be gripped
by the hand in the conventional manner. The derringer thus becomes
a concealed gadget device in the same category as a can gun, a belt
buckle pistol, or a cigarette lighter gun, and is classified as
“any other weapon” in the amended National Firearms Act of 1968.”
Now, the holster shown in the article above may not qualify if the slide isn’t fully concealed, but in general, it looks like wallet holsters are NFA AOW gadgets…
Good enough for you?
That thing doesn’t deserve the term “holster”. It’s just a camouflage device for pocket carry.
I’m carrying a POS .22 in my pocket right now, sans holster. Chamber empty, safety on.
Wow..
1. Awful caliber choice
2. No holster
3. Unloaded
3 strikes… Your’reeeeeeee OUT
“Wow..
Right back atcha
1. Awful caliber choice
A. None-yee business.
B. Better than nothing.
C. First rule…”have a gun.”
D. .22’s have killed many people and often in DGU’s. Said it before and I’ll say it again: I’ve seen one shot, instant kills from .22 and a guy take 5 fatal shots from .357 Sig stay on his feet long enough to continue to be a threat.
I’ll never understand why folks think it’s any of their concern what other people carry. Don’t want to carry .22? Don’t. No skin off my nose either way. But your choices don’t mean diddly squat to the choices someone else needs to make.
Wrong, wrong and wrong, but thats OK you will eventually learn.
So if a 357 fails a .22 is ok?
No, its NOT better than nothing. Better off finding another tool than using a useless one
How will “I eventually earn?” and what, precisely, WILL I learn?
I’m saying it’s none of your business what other people carry and your answer is to continue to assert that you Know All That Is Right(tm) and berate me with juvenile flings for having the audacity to disagree with you?
Riiiight.
Let’s examine the argument rationally, shall we?
You do realize your position of “it’s better to have nothing than a .22″ is not based on any fact you can produce, right? The bad guy having a gun and you having nothing is NOT better than if you have a .22 to at least have SOMETHING to fight back with.
Or, the bad guy having a knife and you having nothing is NOT better than you having a .22. Or, make him 6’3” 250 and mean as h3ll and you a 70 yo man with bad hips…think having no gun at all is BETTER than having a .22?
Ludicrous.
You do also realize that there are many professional trainers and the like that advocate carrying a .22 rather than nothing at all?
For your edification:
http://ballisticradio.com/2013/06/30/ballistic-radio-episode-17-june-30-2013/
Transcript:
http://dsbscience.com/download/BR20130630_ClaudeWernerPocketGuns.pdf
or, html version of the transcript:
http://dsbscience.com/ballisticradio/BR20130630_ClaudeWernerPocketGuns.php
Or, you DO realize that MANY DGU’s, that is SUCCESSFUL DGU’s have happened with .22’s, don’t you? That, in point of fact, many “instant stops” have happened with .22’s, rendering your “useless tool” comment demonstrably FALSE.
Check out
http://www.buckeyefirearms.org/alternate-look-handgun-stopping-power
for some fun numbers on the topic. 60% of those hit by .22 were “actually incapacitated by one shot.”
But, hey, your emotional bias SHOULD trump real world, factual data, right? Nah. I think I’ll stay in the rational real world.
No, on consideration, I don’t think you DO realize any of this. I think you are just a control freak that has to tell other people what they should do else you pull out the logical “Big Guns” and insult ’em with a hearty…”You’ll Learn.”
I guess you told me.
60% wow thats impressive. Which ass did you pull that figure out of?
Your ignorance and gullibility has grown tiresome. Go head an try to stop a home invasion with a 22, I really don’t give a flying f-ck
He gave you the citation to the source, Sammy. It’s worth reading, instead of just hurling tiresome insults.
You can lead a horse to data, but you can’t make him think.
Sammy,
Please take a moment and read up on your unfounded opinion of having a .22lr from this site here:
http://shootingthebull.net/blog/22lr-for-defense-its-about-probabilities-not-possibilities/
To quote:
The first rule of gunfighting is “have a gun”. And as we discussed above, just the presence of a gun, regardless of caliber, might end many potential defensive encounters. So caliber isn’t everything, of course. But as you ascend the ladder of reasons why an attacker might stop, you’ll see that the more power you can bring to bear on your side, the more likely you are to end a fight quicker and more successfully. Sometimes the tiny mini-revolver or pocket pistol is all you can carry — and if that’s the case, then, hey, do so, but with an understanding that these little pistols are less likely to end a fight quickly, than a bigger pistol would be. And whenever you have the choice, go for the more powerful weapon. Put the odds in your favor as best you can.
#1, having a gun puts the odds more in your favor regardless of caliber. Yes, having more caliber is in general better, but if you only carry a .22lr, this is better odds than NOT having a gun on body.
Yep. Too much high and mighty crap here.
Fine you go with that and let me know how it works out in a gunfight. Nobody ever said after a gun fight that they wished they had a smaller gun, with less ammunition.
A teacup will empty a pool, but it would not be my choice.
If all you need is to scare somebody, a 22 might work, but if you need to stop someone its useless. Sure lots of people are killed with 22s, but its not about killing, its about destroying the body’s ability to function–huge difference.
I couldn’t get more than a few lines of the BS on that referenced site so lets just take a couple of their begining lines:
“The .22LR has killed more people than any other cartridge in history.”
–First off, that’s probably just internet BS. Secondly, as it was said previously, it not about killing, it about the ability of your bullet to stop your attacker from hurting you. Given that all tactical handgun cartridges (45, 40, 38,357,9) have very little stopping power, dropping down to a pea shooter through a minuscule barrel makes no sense.
“The only three things that matter are shot placement, shot placement, and shot placement.”
–True AND false.:
1. Given that handguns with proper cartridges have very little stopping power, even a well placed shot may not immediately effective. That’s what they say to keep shooting until the threat stops.
2.Proper shot placement is very, very difficult under the extreme stress of a gunfight, when you’re moving (like you should be) and the bad guy is moving (probably will be.) Most shooters can’t get proper hits at the range standing still, never mind in a gunfight. I have run lots of students with moving targets. 99% of them took 2-4 shots to get one on target.
3. Proper shot placement is only effective if the bullet reaches the intended organ. 22 are easily defeated by clothing, zippers, bones, muscle etc.
” 22 are easily defeated by clothing, zippers, bones, muscle etc.”
Like always, it depends. Depends on the bullet. And other, unpredictable factors. I’ve seen a .22 bullet lodged in the spine after passing through the sternum and the heart of the person it killed. That bullet could not be said to have been defeated by clothing, bones or muscle.
There are no panacea answers. Folks should look at their own situation and carry what they want to carry…without fear or concern that some Internet busybodies will deride their personal decisions.
The assertion that having a .22 is worse than having no gun at all (made higher in the thread) is provably wrong. And it’s laughably stupid.
What is laughable stupid is defending the use of a 22 as a personal defense cartridge
“What is laughable stupid is defending the use of a 22 as a personal defense cartridge”
Put up or shut up. Provide facts…you have yet to give anything but “I’m right, ya’ll are wrong” nonsense. This is not first grade. Argue your point like a grown up or bow out.
Stop with the snark. Offer some data. As I did.
You have not got a logical or factual leg to stand on with the crap you are spouting and everyone can see that you are wrong. You claimed having nothing is better than having a .22. Prove it. Show some stats of, let’s say home invasions against unarmed assailants ending better for the victim compared to those armed with .22’s.
Let’s see the data.
I don’t think you have such data, or you would have given it by now. You have not given one single rational argument. All you’ve done is insult and chest-beat about how you are right and the rest of us “will learn someday.”
The only question that remains is will you abandon your Geezer Science fueled dogma and open your mind, or cling to your beliefs regardless of real world data to the contrary of those beliefs?
Go ahead…tell me “you’ll learn” one more time….I know you want to.
Read above or is learning not one of your abilities?
Sorry, but reading of internet dribble is not a substitute for training. If you actually knew something about terminal ballistics you would realize what you are justifying your position with pure BS.
So, as I predicted, no actual data just more insults.
Not sure about you, but I was doing “terminal ballistics” several decades ago. Not reading about it…being there. How many gunshot wounds have you actually seen?
The cases I’ve mentioned regarding .22 effects were not just “found on the Internet.”
Before you roll out any more unsubstantiated insults…sans data to make a cogent, adult point…try to digest what is being said here:
You. Are. Wrong.
It is categorically, demonstrably, provably NOT better to have no gun at all than to have “just a .22.” Thus, if someone’s choice is to not carry anything or only carry a .22, the .22 is the better choice than no gun at all.
You can keep insulting me…or trying to…all you want. You can claim I lack reading comprehension or just get what I claim “from the Internet.” None of that is data from the real world.
None of your snark changes the basic, observable facts.
One such fact is that in one study of real shootings, .22’s have “instantly incapacitated” an assailant 60% of the time…incapacitation that would have been near 0% without any gun at all.
I’m not going to ask you again for data. Three strikes indeed.
Rabbi:
We all agree that the purpose of carrying a gun is to stop someone from doing you harm. Most attacks are stopped by the presence of gun so even a realistic looking airsoft gun can work. The next most likely event is that the attacker runs away when shots are a fired whether you hit him or not. If you hit him it hurts no matter what the caliber and he runs away as best he can anyway. So we are left with a tiny proportion of attackers who exhibit Zombie-like behavior and will keep coming regardless of how many times they get shot. If the Zombie is your biggest concern then I suggest you carry a 500 S&W revolver.
If all you can handle us a 22 then it’s better than nothing because hitting your target with a 22 is better than missing it with a gun is too much for you.
lol I see all these people downing the 22 round…. let me grace you with some facts… a 22 round is the most erratic round when hitting flesh… the 22 travels at such high speeds that when it hits the body the round begins to tumble… it might not knock a person being hit back a step or two but it will stop them… I carry several guns and one I always carry even if just for back up in a 22 revolver by charter arms its tiny as hell but I can guarantee it you are on top of me and its in your ribs its a game over…
“Negligent discharge” of my “gun” got me in trouble when I was seventeen.
If he’s going play with the gun in his pocket at the movies…he needs to remember which pocket he put the weapon in.
@ dh34
Exactly. The old I was playing pocket pool blew a load excuse.
Wow, what an unforgivable assface…
Always have trigger protection. Never put anything else in that pocket.
I find it sad that this has to be explained. What a fucking moron… And then to cop-out on it… This guy needs to get kicking the the crotch until he bleeds out his ears.
There’s a line in Foster the People’s song “Don’t Stop” which says, “I gonna kick him till I need new shoes.” I laugh every time I hear it.
This guy is a fucking moron. Carrying a loaded weapon in your pocket with nothing over the trigger is asking for shit like this to happen and give the responsible among us a bad name.
Is this guy related to Tex Grebner? Did he call his parents after he just F’ing shot himself?
These two cases are nothing alike, read up on what happened in Tex Grebner’s mishap.
Agreed. The two incidents are nothing alike. Tex posted his video so others could learn from his mistake and he took full responsibility. Good point.
Yep, cringe-worthy as his event was, Tex is way more responsible and dignified. When Tex screwed up it was outdoors in an OK place to shoot so no apparent danger to others, so much less reproachable to begin with. And he admitted that he screwed up. Tex is commendable.
If I was going to “pocket carry” one of the new “striker-fired” pistols without a manual safety I would seriously consider using a Trigger Guard Shield, like the one that comes with the Taurus ‘Curve’ and like those available from Aegis Armory:
http://aegisarmory.us/wp-content/uploads/2013/05/2013-05-29-12.28.30.jpg
http://aegisarmory.us/wp-content/uploads/2013/05/2013-04-30-10.43.27.jpg
Safety-pin the lanyard to the bottom if the carrying pocket so that it will come off when the pistol is drawn from the pocket.
No more “musta got my finger caught on the trigger” negligent pocket discharges.
Those holsters are fantastic for pocket pieces like the tiny NAA Mini.
The lanyards are great for looping out through the drain holes on cargo shorts.
Look for this to be included in future lists of “Shootings in places since the last shooting in a place” from mommies or millionaires calling for disarmament.
And if anyone asks my opinion of whether or not you should be allowed to carry a firearm, I say you aren’t ready, regardless of how much training you have under your belt. Your negligence put lives in danger, and that’s not something to be brushed off as an accident.
Congratulations, Brandon. You and your ConcealedNation have made my “will never read again” list. I’ll make sure to tell all of my friends.
Yeah go get ’em. This guy didn’t do nuthin wrong. He was just a victim of a random accident. Shall not be infringed!
It’s not like he caused the problem himself by failing to take a simple safety precaution (holster) and then failed to acknowledge his mistake. Oh wait, that’s exactly what he did.
Nice try but your comment has absolutely nothing to do what I posted. Try reading what I wrote in response to the quoted statement by Brandon. As to the main question; hell yes the shooter was negligent. That was no accidental discharge.
Brandon made the statement that he should not be ALLOWED the exercise of his right to keep and bear arms. Brandon is no better than any other statist gun grabber in that regard.
You got the memo – from the Secret Gun American Banners. (SCAB)
Only time, ONLY, my urban trek to work in winter and it’s dark. Same coming home, it’s in my winter coat pocket. It’s also a heavy trigger SCCY CPX2. Other than that,it’s in my Kydex custom fit IWB.
“I have to disagree ” whatever.
I had a boss onetime, who said “the only time it’s safe to say you were “good’ (in our line of work) was when you were 75 and sitting on the porch in a rocking, never to attempt it again”.
There go I but for the grace of GOD. I hope the rest of us get to someday say we were good.
As gun owners we really paint ourselves as very judgemental if we don’t accept the fact not everyone is perfect.
Yes, that’s a good one. I was a USAF pilot, first heard that gem from an Army chopper pilot while we were in Vietnam. But it’s true everywhere!
The Imperfect, once again banned by The Perfect Ones.
Why don’t you Ayatollahs just get together and STONE HIM to death?
” I was a USAF pilot, first heard that gem from an Army chopper pilot while we were in Vietnam. But it’s true everywhere!”
Back in the 70’s, my USAF pilot pop told me “You have old pilots, and bold pilots, but very few old, bold, pilots…”
I asked him if he ever parachuted, he said “there was no need to ever jump out of an airplane that wasn’t on fire”…
For some reason, aircraft on the ground were called “Mortar Magnets”…
I hope he sues himself for all medical expenses and theater cleaning costs.
So refreshing to see so many perfect people here who have never made any mistakes. Lol. Guy made a mistake. He’s sorry. How about we give him a break. Everyone here’s done something stupid. And claiming you haven’t or are better than someone else is garbage
If anyone else had been hit by that bullet, his lawyer would be expressing the same thoughts to a jury. To no avail.
They wouldn’t sue him for “accident,” they wouldn’t sue him for “mistake,” they would sue him for negligence, and it would be a slam-dunk case.
@Chris: True and hopefully we can all learn from this so we don’t make the same mistake and hurt ourselves or someone else.
When it comes to firearms, pulling the trigger with the safety still on is a “mistake”. Loading bullets backwards is a “mistake”. Shooting yourself in the leg because you’re too fucking stupid to use a proper holster or handle the gun properly is not a “mistake”.
“It wasn’t my fault I ran over that guy’s dog, it was an accident. I mean sure, I disabled my own brakes and I was taking a selfie at the time, that’s on me. But running over the dog, that was an accident.”
I think an accident caused by negligence is just negligence.
Because this is exactly the kind of “mistake” that results in things like Gun Free Zones being created… fear of a foolish concealed carrier doing something moronic like this.
Most mistakes, like this one, are preventable. This guy is a moron who shouldn’t be carrying. What if he’d shot and killed a kid? Sorry doesn’t cut it here.
So he should have his 2A “privileges” taken away, right? You are perfect. Until the day you aren’t. I’m sure your day will never arrive. ALL HAIL YOU!!!!
He’s a dumbass that could have injured or killed someone, but “shit happens” and he was “in the military” right? Let him keep his 2A privileges and all of the scorn and public embarrassment that goes along with winning the dumbass of the day award.
Some people should not be carrying because they are foolish, irresponsible and make bad choices. Maybe his friends (I’m guessing you are one) should point out to him that he’s too stupid to carry a loaded weapon.
@Lone Ranger: Did you seriously write “2A privileges”? Should you even exercise your 1A “privileges”? smh
@John maybe you missed the part where I was responding to someone else who was sarcastically usin the “p” word.
“Guy made a mistake. He’s sorry.”
No he’s not. He’s making excuses and claiming “it was an accident” like a three year old.
I have less beef with him for having the ND than I do for the weaseling way he’s trying to make it sound like it “just happened.”
If he had said, “yeah, it was very dumb of me to pocket carry without a holster, AND very dumb of me to fiddle with it in my pocket like that” maybe there’d be less room for criticism.
At least then he’d be acting like he was sorry it happened instead of just mouthing the words.
“If he had said, “yeah, it was very dumb of me to pocket carry without a holster, AND very dumb of me to fiddle with it in my pocket like that” maybe there’d be less room for criticism.”
Yep. Everyone makes mistakes. Not everyone learns from them. Can’t learn from them if you think you did nothing wrong.
Wasn’t the finger….it was the gun.
Just like people that shoot themselves cleaning a weapon…oopsie…bad gun! ?
Semi auto pistol with no safety or safety disengaged + round in the chamber + pistol in pocket + no holster or a holster without a trigger cover + fooling around with pistol when you shouldn’t be = negligent discharge. Turn these around and you have 5 steps that could have prevented this. He is VERY lucky that he didn’t shoot someone besides himself.
Cody did a stupid thing. He’ll never do it again and is probably more safety-conscious now than a lot of other gun owners who haven’t had an ND.
Yes, somebody else could have been hurt, but nobody was hurt except Cody. What, you think that doesn’t matter? Of course it does.
+1
Of course it matters. Not hitting an innocent bystander deprived some plaintiff’s attorney of a big payday.
Yep. Too much High and Mighty. You know what happens to the High and Mighty. Right?
” You know what happens to the High and Mighty. Right?”
Yeah.
They get elected. Next question?
This is my take on it: He did everything wrong, but nobody died, and he learned from his mistake (or so I hope).
If that round had injured somebody else, I’d cane him. As it is, he’s probably out everyone else’s movie tickets.
“Negligence is carrying a firearm in your pocket with no trigger protection. Negligence is blindly adjusting your unsecured firearm in a dark movie theater with many people around.”
Ding ding ding ding ding ding! We have a winner.
And a reminder for the people who think that they can carry a pistol with a safety in their pocket without a holster that covers the trigger: DON’T DO IT. Any number of things can disengage the safety when a pistol is moving around in your pocket. Always put your handgun in a pocket holster before putting it in your pocket!
This should give those who believe that you only need the four rules to make you safe something to think about. There is no “no harm, no foul” in gun handlimg. A ND in your barn that nobody knows about is an ND. Just because you had the muzzle pointed in a safe direction when you “accidently” pulled the trigger doesn’t make you safe. It just means you didn’t kill or injure someone when you had a mental lapse. Once again the human proved to be the weakest link in the safety chain.
I’m happy to know you moved to Wisconsin.
Well Billy, that is one pro Second Amendment voter in Virginia. You may not like me but you need every vote you can get to safeguard your gun rights. Scott Walker is happy that I am here. Good luck with Terry. 🙂
“I’d say my biggest mistake here was PROBABLY I didn’t have a holster”
Oh man, poor guy has to live his whole life with that brain.
Glad I wasn’t in that theatre. Beyond a doofus-pure negligence is not a “mistake”. +1 Grindstone(see-I don’t hate you)…
<3
Not keeping a handgun – especially a pocket-carried handgun – in a holster is not an “accident”. It is negligence.
Putting your hand in the pocket that contains a non-holstered firearm is not an “accident”. Unless you’re reaching into that pocket to pull out the firearm for use, it is sheer stupidity – and negligence.
Agree
Now that’s true. But it’s NOT what all the “armed intelligentsia” are saying.
+1 IMO an accident is when the toast lands jelly side down… Although not intentional this was no accident, it was negligence. Cody needs to own his negligence and learn from his colossal mistake. Get a clue and a holster…. The life you save may be your own…
Awhile back a lady was at some event at the mall and put her handbag on the floor, pulling the trigger on a Smith Airweight and putting a 38 SPL slug into the leg of the lady standing next to her. So much for the “revolvers have much heavier trigger pull” argument. Mascara sticks and loaded guns don’t mix. Neither do baggy shorts, deep pockets and fidgety fingers.
There are a lot of people who think the modern longer pull 5.5lb “safe action trigger” on Springfields, Glocks, Walters, etc is safer than the single action combat trigger too. Your finger will not notice the difference when fumbling around in your pocket, purse or pack.
BS. Putting your purse on the floor will not pull a double action trigger, no matter what she claimed. Maybe she had cocked it first.
Heard thru channels it was a Smith Airweight. Bag full of heavy stuff, makeup stick got stuck in trigger and BANG! Careful where you call BS. When I lived in Bastrop those were fightin words.
http://www.defensivecarry.com/forum/concealed-carry-issues-discussions/167911-ccers-gun-goes-off-mall-s-c.html
i agree, Dan, total dumbass.
Gun without manual thumb safety, check. Chamber loaded, check. Insert in pocket with no pocket holster covering the trigger guard, check.
Think Plaxico Burress, who carried a Glock cocked and unlocked in the waistband of his sweatpants.
Yea, not the brightest WR to grace the game, for sure
Wow…and I’am always concerned that my one of my OWB Raven or Bravo Concealment (Kydex) holsters might fail me when I least expect it..but to carry, loaded, in pocket with no holster in just dumb.
I think everyone should shoot themselves before they can buy a gun, so Cody is good to go at his local gunstore being ex-military and all.
Mag inserted empty chamber. That’s why there’s a slide on it. Chamber a round when you need to. Accept the fact that are situations where that’s no bueno for you.
I certainly don’t want to sit in anywhere where some chucklehead is muzzling the hell out of me and my family from his pocket with a loaded gun. Just cause it’s not in your hand doest mean you can forget the 4 rules (5 IMHO…unload and show clear)
This is the type of garbage that really pisses me off. Here I am, non gun owner because i’m living in NY(C), desperately fighting for my rights and others rights all over the country and you have stupid derps like this that have such a nonchalant attitude when it comes to a negligent discharge. An action which just hurts my cause, especially when living in a place where I do.
You will NEVER get your 2A rights in NYC or NYS. Just leave. That’s what I did, 3 years ago. Then they implemented mag limiters. Every time I see any news from NY now it’s all about more restrictive gun laws. Every time. What was on the news today? Cop shot, killer found – Gov Coumo standing on his soap box and talking about more gun control. Damn fools. Stupid idiotic hypocrites who have the comfort of 24hr protection. I won’t live under the umbrella of protection guaranteed by the few, sheltering the few and pissing on me.
Accidents do happen. However, accidents in the way that he is using the term, DO NOT HAPPEN WITH FIREARMS. Sorry for the caps, but hey…
In the same way accidents do not happen in cars. Someone is always at fault. Yes, always.
When it comes to firearms there certainly is never a case that anyone can point to of someone being shot that can be labeled an accident. In every instance it is either outright negligence or complacency.
The “accident” excuse is an attempt by the individual to avoid responsibility by casting that responsibility onto some force that no one could possibly have done anything about.
If a firearm goes off while in your possession – it is your fault. It is due to your negligence or your complacency, plain and simple. You were irresponsible – at least have the integrity to admit it.
When in public keep your hands off your rod.
Cody is a moron. I don’t care if he was in the military. Simply serving doesn’t make him a hero (no disrespect to those who’ve served intended). He’s still a moron. And just the kind of gun owner that makes responsible gun owners look bad. He pocket carried without his trigger covered, plus, stuck his hand in his pocket and played with the gun, PLUS didn’t take the responsibility for his moronic actions. It IS a big deal. He had a negligent discharge in a crowded movie theater. He needs to man-up for his negligence. And, yes, wouldn’t it be nice if we 2A supporters had a secret enforcer group that humiliated/beat-the-snot-out-of/etc every ass-hat that had a negligent discharge and refused to take responsibility for it? Some people only learn lessons the hard way.
They have pocket holsters at Walmart for 10 bucks. They might not be the best but whatever….not having one , when there so inexpensive and easily obtainable.
This is NOT his fault. It’s the fault of the guy at the brain department – that guy gave him a broken brain.
Ahh,….yes, don’t we all love the old “I was in the military.” defense/explanation? As though that explains anything. I know a few people who were in the military, and they never spent any time shooting anything. Two were cooks, and one was a nuclear plant specialist on a sub. None of their jobs demanded they had proficiency with firearms.
For some people, their only purpose in life, may be to serve as warning to others.
Dan, I agree with you. This was stupid and gives people the idea that all gun owners are stupid. I’m ex-military and his BS carries no weight at all. He needs proper training before he touches another weapon.
As my great-uncle used to say, much to my chagrin, “There are no accidents, only irresponsibilities.”
I wonder how many low-information people in that theater now think guns are too dangerous and unsafe to carry because they saw one “just go off” that one time at the movies… Thanks, shithead.
“An accident is an incidental and unplanned event that could have been prevented had circumstances leading up to the accident been recognized, and acted upon, prior to its occurrence.”
The “not an accident” word games is not only getting tiring but it’s also wrong.
If guns were ever to be taken away, it would be the fault of complete idiot gun owners like this dumb ass.
He didn’t say what kind of “military experience” he has. Handling and shooting a pistol is not taught in basic training with maybe an exception for MPs.
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