TexasCHLforum.com

bat1 wrote:

OldCannon wrote:

speedsix wrote:...the dog ate my search engine...

I have Google-fu: http://galvestondailynews.com/story/286062" onclick="window.open(this.href);return false;

Not sure why folks couldn't find it, this is what I entered for search terms, "galveston gun discharge store" and it was the first result.

Yes, POSTED TODAY, 1/15 it was not there last night check the dates, this thread started on 1/14...

Whoa there, cowboy. No insult intended. I didn't check the dates, I just found some quick details. Everything's cool

The way the story reads, and my understanding, it was indeed in the holster, and it fell to the ground, holster and gun. And in this only makes sense the hammer hit the ground muzzle up..

The personal story was, the holster and gun hit the ground.. IF this is the case, he is one lucky man..

BAT

"How does a gun go off that lands muzzle up?"

While I can't say based upon the unknowns with the guy's .380, but do know the North Amarican Arms .22 revolvers can most definitely do it if the gun is not carried with the hammer engaged into one of the cylinder safety notches.

There are obviously some older .380s out there that weren't made with much in the way of safety features. Maybe the guy bought one at a pawn shop and had a cheap "soft" holster that did little to cushion the blow. That is the problem with these sorts of stories...so many important items get left out.

bat1 wrote:The problem I see, with him running out, some other CHL, might think BG and shoot him..
Not a smart move..

I wonder, how we can find his court date, I would like to see what the judge finds him, and accident, or neglected...

A question, the police took his CHL, so do they report that to Austin, and is it suspended ??

BAT

The article in the link above said the store did not press charges.

UPDATE !

From what I've heard, it was a old revolver, the "store" did not press charges, BUT he was cited and must appear in front of a judge.. CHL was taken from him, and the revolver was confiscated...

BAT

bat1 wrote:UPDATE !

From what I've heard, it was a old revolver, the "store" did not press charges, BUT he was cited and must appear in front of a judge.. CHL was taken from him, and the revolver was confiscated...

BAT

Sounds pretty reasonable to me. The store isn't being evil, and he got a slap on the wrist for allowing something stupid to happen. He won't be able to make that mistake in the near future, especially with that gun.

I don't know if he will be successfully prosecuted or not. Disorderly conduct requires intentional or knowing discharge, which clearly did not occur. Discharge in a municipality (P.C. 42.12) requires reckless as a culpable mental state. I am not sure, if it was holstered, if the DA can prove recklessness as opposed to negligence.

Recklessness requires the person's being aware of the problem and disregarding it. I think use of a holster shows he did not disregard the potential and took reasonable steps to prevent it. There is obviously more than i know to the incident, so this is based solely on the news articles linked in here and the comments here.

With regards to the accuracy of comments here and in the newspaper, I will note that the original article says a .380 and we were also told revolver. I don't know which is correct and admit my knowledge on this is not exhaustive, but I personally am not aware of any .380 revolvers. I don't know if that one weird S&W revolver that was chambered for 9mm would also fire .380 ACP.

srothstein wrote:I don't know if he will be successfully prosecuted or not. Disorderly conduct requires intentional or knowing discharge, which clearly did not occur. Discharge in a municipality (P.C. 42.12) requires reckless as a culpable mental state. I am not sure, if it was holstered, if the DA can prove recklessness as opposed to negligence.

Recklessness requires the person's being aware of the problem and disregarding it. I think use of a holster shows he did not disregard the potential and took reasonable steps to prevent it. There is obviously more than i know to the incident, so this is based solely on the news articles linked in here and the comments here.

With regards to the accuracy of comments here and in the newspaper, I will note that the original article says a .380 and we were also told revolver. I don't know which is correct and admit my knowledge on this is not exhaustive, but I personally am not aware of any .380 revolvers. I don't know if that one weird S&W revolver that was chambered for 9mm would also fire .380 ACP.

I agree... But I am sure that they will be pretty upset that the guy left the scene. Leaving the scene of a crime or accident? Personally, his actions show me he is t responsible enough to carry seeing that he hooked off to avoid responsibility.

SR.

I tend to agree with what your saying, the problem I see is that I would bet dollars to doughnuts that he will get a PD and the PD will plea bargain before seeing his client and will suggest pleading guilty or NC to the charges of Disorderly conduct and unlawful discharge( they might even try for deadly conduct) and the guy will loose his license because he will have prima facie evidence of failure to conceal. I really don't care for PD's as they tend to take the route of least resistance or have in the cases I have been involved in.

snatchel wrote:

srothstein wrote:I don't know if he will be successfully prosecuted or not. Disorderly conduct requires intentional or knowing discharge, which clearly did not occur. Discharge in a municipality (P.C. 42.12) requires reckless as a culpable mental state. I am not sure, if it was holstered, if the DA can prove recklessness as opposed to negligence.

Recklessness requires the person's being aware of the problem and disregarding it. I think use of a holster shows he did not disregard the potential and took reasonable steps to prevent it. There is obviously more than i know to the incident, so this is based solely on the news articles linked in here and the comments here.

With regards to the accuracy of comments here and in the newspaper, I will note that the original article says a .380 and we were also told revolver. I don't know which is correct and admit my knowledge on this is not exhaustive, but I personally am not aware of any .380 revolvers. I don't know if that one weird S&W revolver that was chambered for 9mm would also fire .380 ACP.

I agree... But I am sure that they will be pretty upset that the guy left the scene. Leaving the scene of a crime or accident? Personally, his actions show me he is t responsible enough to carry seeing that he hooked off to avoid responsibility.

Did he abandon his firearm as well???

Have any heard of a revolver that was not cocked able to release the hammer and discharge? Seems the old Colt 1911 would do this which I have heard why the military would not let them condition 1???

What's to say the .380 was a quality gun? There are tons of Davis, Lorcin, Jimenez, Raven and other assorted junk still in circulation. I see that stuff for sale in pawn shops and in the classifieds all the time. As far as the holster goes it may have been one of those wonderful cloth holsters with a paper clip for a belt hook. It was an ND and the CHL holder may loose his license.

I'm confused...why are we worried about a CHL shooting the fleeing person?

...paperwork...just more paperwork

txbirddog wrote: Did he abandon his firearm as well???

Have any heard of a revolver that was not cocked able to release the hammer and discharge? Seems the old Colt 1911 would do this which I have heard why the military would not let them condition 1???

My understanding is the man Ran out to the Car "with" the gun, to lock it up, (did not abandon his gun), and the paper reported a .380 , but my understanding is it was a very old .38 revolver ..

The Paper quote ".380-caliber pistol " could have read ".38-caliber pistol " think the paper added something to the story, maybe an extra zero .

Not that a newspaper would ever be inaccurate in reporting a story

Please note: I don't repeat Rumors, so listen close the first time BAT