So, my short answer would be yes.
However to prevent the idea that I’m a big brute of heavy handed justice I’d like to point out a few things. This is by no means a nimble attempt to change minds or debate etc, but just putting my thoughts down. Its certainly not meant to be confrontational or offensive.
So Victim blaming? Yes, I’ll victim blame here. The definition of negligent discharge is that the owner of a firearm was negligent in the storage or operation of that tool and someone was hurt or killed. Thats entirely on the firearm owner. I don’t blame the child in this case, they shouldn’t have had access. If you want to call that victim blaming on the parent, go for it, I don’t mind. The firearm owner caused this to occur. They are responsible for that tool.
The four states of firearm use are this:
No discharge - the choice to not use a firearm in a given situation
Deliberate discharge - the choice to use a firearm in a given situation
Accidental discharge - when a firearm has as failure, usually mechanical or materials related and discharges. The majority of situations called accidental discharge are actually negligent discharge.
Negligent discharge - when the owner of said firearm is negligent in storage or operation. The majority of these occur from complacency.
On top of that we have a legal system that WILL consider all the aspects of what happened. The firearm owner may not even be indicted on criminal charges based on how the jury sees the case. What I’d like is harsher penalties for negligent discharge. It doesn’t have to be 80s style bullshit programs like 3 strikes and you’re out, but enough to get people to realize complacency isn’t something they can allow to happen.
My point is that there is a never ending debate about firearms, and one of the biggest positive impacts that could be made would be a reduction of negligent discharges. Whether or not harsher penalties for negligence is the route to go, thats for a different discussion, but I think there’s a good feedback loop we can close through legislation. The enemy isn’t the firearm, the enemy is complacency. Hell read any these articles about accidental shootings, and I’d bet they’re almost all related to a complacency failure by the firearm owner. That behavior can be corrected over time.
You can use similar logic for your examples. If I’m texting while driving, drunk driving, distracted driving, driving a car I can’t operate correctly, or am driving in any condition when I shouldn’t, I’m responsible for any negligent use of that car. If my actions kill someone, I should be liable. However in that court case, the jury may not decide to support a harsh penalty due to those circumstances.
And I really do understand where you are coming from. I had a very similar incident with a car where I blew through a red light and got into an accident. I also didn’t have a clue what the hell had happened because it looked like I had a green. I took responsibility for that completely and moved on with my life. If that would have become a criminal matter, and I sentenced to some punishment, I’d accept it. However bad things will still happen to humans in all sorts of circumstances.
Finally, my disdain is purely for firearm owners who damn well should know better, but let that complacency put them into situations where this could happen. if you’re going to call yourself an adult and want to own firearms, don’t be a dumbass. Secure it, check it for being loaded every time, don’t leave it out in the open where others can grab it, don’t off body carry it. If you don’t treat the responsibility seriously, maybe you shouldn’t own.
Anyway, apologies for the rambling, too little coffee wall of scree. Have a good one.
