Accident or deliberate? Shotgun discharge

Question

A member of the gun club told that his shotgun would not eject a shell and so he shot it off into the ground. This was in a wooded area and the muzzle was pointed in such a way no one could have been injured. But it was in an area where shooting is restricted.

Shooting off the shell was better, he said, than walking with a loaded gun even with the safety on.

Now we are all arguing whether the firing was 'accidental' or 'deliberate and unlawful'

Please give opinions.

Answer 1

A loaded weapon that has been demonstrated to be defective is a

valid reason for that discharge.

It was a 'safety first` move, and I wouldn't criticize it.

Answer 2

lets put it this way- if that shell was jammed because of being the wrong size than it was a stupid thing to do because he could have killed himself there. since that shell was the right gauge, its the best thing he could've done.

Answer 3

How about in between -- Deliberate, but not unlawful.  

Answer 4

Not worth arguing over!

Answer 5

Well, other than to say that I would have removed the shell by hand or one of several other ways, I would say that whenever it is a question of safety, always go to the safest means. I would rather have discharged it in a safe manner than carry a loaded firearm in an unsafe manner. I'm still racking my brain trying to come up with a brand or type of shotgun that I couldn't have removed the live round from the chamber even with a broken extractor etc and I can't think of a single one.

what kind of shotgun did he have??

shoot safe

Answer 6

Deliberate, and circumstances given, necessary.

H

Answer 7

He cleared the firearm the best way at that moment....... There is no arguement - this was the best plan of action..... Any clear thinking individual can see this.  He fired the weapon to clear it. Its not as if he was shooting it in an apartment house or backyard........

Answer 8

I don't know. Shooting it into the ground sounds to me like a waste of ammunition. If he did fire it deliberately it was because he didn't want to run the risk of it going off or not being able to eject it and not being ably to use it because he couldn't well fire it where he lives.

So deliberate with good reason.

Answer 9

It was absolutely deliberate and the smartest thing to do!  

Answer 10

I'd say he was lazy...but safe...kinda. His defense "Shooting the gun was better than walking with a loaded gun with the safety on"...complete non-sense.

I would post some club rules about handling this kind of situation in the future. And let it go at that. If club members are discussing how it should be handled within club rules and bylaws, obvioulsy it's not addressed correctly.

1. Having a loaded firearm away from a range area should be against club rules.

2. Discharging a firearm anywhere except down range, and hitting a backstop..should be against club rules.

Etc, etc.

*edit* I was assuming that the club was a typical (for Ohio at least) a shooting range type club. My mistake. Sounds like you folks have more of a preserve.

Answer 11

That depends...  on who's asking? :}

Answer 12

I am a long time firearms instructor - civilian and military.  And VP and Board Member of many shooting clubs from Maine to Alaska.

I have had people - mostly wives - drive to my place of work, and,  home with loaded guns they needed unloaded.  Either their husband was gone and they discovered it loaded, or, they loaded it one night and could not figure it out.  This is a crazy dangerous thing to do.  Highly Illegal - so the option of transporting the malfunctioned firearm is out of the question.

'Restriced Shooting' means no recreational shooting.  Shooting is restricted on all city streets - you still see cops shoot.  Shooting is restricted in banks - you still see guards shoot.  The break down lane has tons of 'no parking signs' - but you don't get a ticket parking there for a flat tire...... ??  At least in my state the officers use common sense.

You CANNOT leave a loaded firearm unattended.  Period.  Leaving a malfunctioned loaded one is worse, if that is possible.  Basic rule of safety, when a firearms's use is finished it must be made safe.  Unloaded.  Action open.  During a malfunction everything possible must be safely tried to render the firearm safe.  If the breach will close  firing a jammed round is the safest thing to do - pointed in a safe direction - that is the way to make it safe.  This is usually the first step.  Disassembling a loaded jammed firearm is highly dangerous - if the cartridge discharged while the bolt was out of battery it would turn the receiver into a gernade - fragments would fly into everyone in attendance.

The safest thing to do is fire off the jammed round as soon as possible.

It is very easy to have 20-20 hindsight - or Monday quarter back - someone else's decisions.  In this instance - your gun club should be ashamed they are discussing this.  Good chance all you have accomplished it to teach other members if they have a problem - hide it and keep it to themselves.  Do you want members driving away with a malfunctioned loaded gun in the trunk, hoping it might not go off while on the highway..... or go off at home when they try to fix it?  This is the wrong message to put out.

He did the right thing.  'Unlawful' means to do something knowing it is against the law and you are doing it of your free will.  Having a malfuctioned firearm is considered 'Force Majure' ( Higher power, act of God).  He did the acceptable thing.

The only other option in this situation - that does not risk life or limb - is to put the firearm in a secure empty cement bunker - in a bath of crawl oil (coal oil, sometimes sold as Kroil).  24 hours is usually enough to neutralize a civilan round - takes 96+ hours to deactivate a military round.  I have never seen a range, outisde of the military, where this was possible.

To prevent this issue in the future - your club should consider investing in a 'Discharge Barrel'.  These can be as simple as a 55 gal drum of sand on an angle with a cover and small hole to poke the barrel into when the need to discharge or check a firearm off the range becomes necessary.  My favorite - the ones with an internal snail shell like construction where the lead ends up in a neat little tray.  They are more expensive - but - much lighter, and, you end up with pieces of lead that can be melted down and sold or cast..  With a sand trap - your club ends up with a heavy barrel of lead contaminated sand that eventually someone has to deal with as haz mat.

Hope this helps.        

  

Answer 13

He could not open the action?  That's wierd.  I would suggest that he have it looked at before he goes out again.

The firing was by no means accidental.  He saw it as the only option to clear the weapon.  It was deliberate and if it was in a restricted area, it was unlawful.  I mean, what was he doing in a restricted area with a loaded shotgun?  My guess is that he is going to have a hard time giving a credible answer.  If it was at a gun club, there had to be others there.  I would have sought someone's help and let him or her take a stab at opening the action.  

When it comes to malfunctions, common sense must be used.  I don't know all the details of the situation, but I would have done every possible before I would consider discharging the weapon.  If he was out in the woods alone, he was breaking the law.  

Answer 14

He had a malfunction, made a commonsense approach to solving the problem.* Instead of him being criticized, condemned, and complained about, he deserves praise and recognition for using  good judgment.* Accident or deliberate doesn't even enter into the matter at all.*

Answer 15

If they told him the gun couldn't eject a shell, so it would remain loaded forever. Discharging it was the safest thing to do and if he gets in trouble for keeping everyone safe, then the world has really lost sight of it's principles.

Answer 16

Sometimes commonsense has to  be used when dealing with laws,unfortunatly you cannot legislate common sense.