Accidental Discharge in Houston Restaurant

[rdcrags]

First, I hope the lady fully recovers, and the ND guy is not sued.

Enjoyed the give and take of opinions in this thread.

Thanks to this forum for converting me from a snubby-in-the-pocket-without-a-holster guy to one with a holster. That conversion happened several years ago.

Finally, I'm with the guy who doesn't take the terminology issue too seriously.

[drjoker]

Ugh. I told a friend of mine that carrying those antique guns with no drop safety is dangerous. She didn't believe me because she is very experienced with guns. The fact that the guy is 66 years old makes him the worst student every. Old folks and other with a lot of experience "know it all" and often refuse to take advice. Since this friend of mine had zero good sense, I spoke with her husband and he bought her a new gun that is drop safe. Please, if you know anyone who carries an antique gun that is not drop safe, convince them to get a new gun for CCW. Those antique autos are fine for the range or HD, but not for CCW. Antique revolvers should be carried on an empty cylinder. Old derringers with not trigger guard should be carried in a holster. If you really have to carry an antique auto because you cannot afford a new gun, do so with an empty chamber.

As to not being sued, the key to that is to apologize, pay up, pay often, and pay MORE than what the lady asks for. If you try to negotiate, then she WILL sue (I know I would sue if the guy who shot me tried to negotiate). You MIGHT be out of hot water if you do that. Unless you're daddy warbucks, nobody really wants to sue you because then, the lawyers will get everything.

[FL450]

This was posted on the Sig Forum site Jan 22 from Jimmah V. (OP)

This happened to a friend of my family, an early seventies woman, about a week ago. She is now out of ICU with more surgeries to follow.

38 Derringer fell out of a coat pocket.

Background Story (from family communication)
As many of you know, last Thursday night my mom (addded after posting: not my mom, but a friend of the family) and dad were having dinner at xxxxx in xxxxxxx celebrating their dear friends birthday. After a lovely dinner and talking about ordering desserts, there was a loud BANG. A gun had been dropped by a man at the next table and when the gun hit the floor, it discharged. Unfortunately, the bullets upward trajectory hit my mom on the left buttocks and then continued through her hip, into her abdomen and ended at the right side of her chest. She was immediately transferred to Ben Taub Hospital (the best hospital in Houston for gun shot wounds) where she went into emergency surgery to stop the internal bleeding and to see how much damage there was. Thankfully, the bullet barely missed a major artery and missed all vital organs (liver, kidneys, heart, spleen) but made a mess of the small and large intestines. The initial surgery stopped the internal bleeding, removed several parts of both intestines, fixed other areas and got her stable. The second surgery on Saturday rejoined her small intestines and removed another part of her large intestines. She will have a colostomy for approximately six months.
This message has been edited. Last edited by: Jimmah V, January 22, 2011 05:30 PM

Jimmy

[bigred90gt]

Case and point for having a pocket holster to secure your weapon so its not just floating around in your pocket

I use one expressly to avoid sticking my booger-hook in the trigger while fumbling around in my pocket for keys, etc.

That is why I NEVER put ANYTHING in the pocket with my pocket pistol. Whether it is in the DeSantis Nemesis holster or not, there is NOTHING else in that pocket, and I have no reason to have my hand in there unless it is on the firearm for that "just in case" kind of moment (at which time my trigger finger is extended along the frame and my thumb is on the rear sight to keep it from hanging up in case it needs to come out), or I'm removing it from my pocket at home. Way too many bad things waiting to happen by having other stuff in the pocket along with a loaded handgun, regardless if it is in a holster or not.

[Excaliber]

Case and point for having a pocket holster to secure your weapon so its not just floating around in your pocket

I use one expressly to avoid sticking my booger-hook in the trigger while fumbling around in my pocket for keys, etc.

That is why I NEVER put ANYTHING in the pocket with my pocket pistol. Whether it is in the DeSantis Nemesis holster or not, there is NOTHING else in that pocket, and I have no reason to have my hand in there unless it is on the firearm for that "just in case" kind of moment (at which time my trigger finger is extended along the frame and my thumb is on the rear sight to keep it from hanging up in case it needs to come out), or I'm removing it from my pocket at home. Way too many bad things waiting to happen by having other stuff in the pocket along with a loaded handgun, regardless if it is in a holster or not.

Another illustration of one of those "bad things" was the recent LA case where a gun in a student's backpack discharged when the backpack was set down and the bullet struck one student in the neck and the one behind him in the head.

[surprise_i'm_armed]

http://www.khou.com/home/FamilyWoman-sh ... 62629.html

The above link is to a 2:03 long video of the lady who got shot, including her name
and photos of her and her husband.

The family's comments are not rabidly anti-gun, but stress the use of carrying a
gun with the safety engaged.

Prayers are needed for this lady.

SIA

[esxmarkc]

http://www.caringbridge.org/visit/DianaBarker" onclick="window.open(this.href);return false;

[philip964]

I left a very nice note to the sweet lady. Thanks for sharing the link.

I think we all feel terrible about this. Not sure what can be done to avoid other people being less than smart. Maybe a section in the handgun course about accidental discharge and how to avoid it. (my course did not have it or I was daydreaming)

One of the other people who left a message had his ideas, which I will do my best to paraphrase.

"it has to be a fresh look at Texas gun laws."

He later said: "There needs to be a law that makes it a felony to take a fire arm into a public bar or restaurant in Texas...."

I don't think this lady was shot because she was in a restaurant, bars are already off limits.

He then added: "There needs to be a staute imposing strict criminal and civil liabilty for accidental discharge of a fire arm...."

I suspect there will be significant civil penalties with the current laws. Being clumsy to me is not a criminal offense.

He then added : ".....revoking the license of any gun owner found guilty of violating any gun law and especially after shooting an innocent third party."

Not sure how the law reads, but my view the CHL in this case should lose his right to carry for a year or two and have to take the course again. To be a third party wouldn't he have been aiming at someone and missed hitting a third party.

He suggested the name of the new law be called " "Diana's Law", of course."

The writer wants to set down and chat about " help if I can on both legal and legislative fronts."

Maybe he is an attorney fishing for a client.

Finally he finds it "extemely interesting that the media has not publically disclosed the name of the assailant"

I suspect the CHL holder feels real bad already. I feel bad and I wasn't even involved. Assailant is the wrong word here, he did not attack the lady, he only dropped his gun.

Once the lawsuits are filed his name will be know and it will be in the papers, don't worry.

This poor guy will get to relive this moment for a very long time.

I am just so glad to hear that this nice lady is on the mend.

Everyone stay safe.

[philip964]

This incident is affecting campus carry. A radio caller said she didn't want guns on campus because she did want to have to worry about being shot in class when some one drops their gun while taking off their coat.

[rmr1923]

This incident is affecting campus carry. A radio caller said she didn't want guns on campus because she did want to have to worry about being shot in class when some one drops their gun while taking off their coat.

i don't think people seem to understand how few people will actually be carrying in campus buildings if the law were passed. let's say on a campus with 30,000+ students, you may have a few hundred with CHLs (maybe more, not sure) and some professors, and i think the number of CHL holders who would actually carry to class on a daily basis would be even smaller. i hate how people cite one freak accident like this and ignore the hundreds of thousands of CHL holders who have never dropped their weapons and never had a negligent discharge. you have a significantly greater chance of being killed in a car accident on your way to class than being shot by a CHL holder who accidentally drops their gun while taking off their jacket.

[esxmarkc]

http://www.caringbridge.org/visit/DianaBarker/journal" onclick="window.open(this.href);return false;

I just felt like this need a bump to the top. She is certainly having a most difficult recovery. Please keep her in your thoughts.