Gun Went Off At The Gun Store (Could You Be Criminally Charged?!)

Published on February 3, 2022
Duration: 13:32

This video, featuring criminal defense attorney Tom Grieve and USCCA's Kevin Michalowski, analyzes the legal consequences of an accidental firearm discharge in a gun store. It breaks down a real-world incident, highlighting the shooter's negligence, potential liability for the gun store, and the distinction between accidents and negligence. The discussion emphasizes the importance of proper firearm handling and the legal processes involved in such events.

Quick Summary

If a gun discharges negligently in a gun store and causes harm, the shooter faces criminal charges and civil lawsuits. The gun store may also be liable for negligent training or inadequate safety standards, leading to further legal action. Prosecutors, not victims, ultimately decide on charges.

Chapters

  1. 00:00Legal Ramifications of Accidental Discharge
  2. 00:24USCCA Gun Giveaway Reminder
  3. 00:37Analyzing Gun Store Incident Footage
  4. 01:19Negligent Discharge Occurs
  5. 01:50Legal Consequences for Shooter
  6. 03:42Gun Store Employee Negligence
  7. 04:42Civil Litigation Against Gun Store
  8. 07:13Accident vs. Negligence Explained
  9. 08:44Victim's Role and Public Perception
  10. 10:52Prosecutor's Discretion in Charges
  11. 12:51Call to Action & Subscribe

Frequently Asked Questions

What are the legal consequences if a gun goes off accidentally in a gun store?

If a gun discharges negligently in a gun store and injures someone, the shooter faces potential criminal charges and civil lawsuits for damages. The gun store itself could also be liable for negligent training or lack of safety standards, leading to further civil litigation.

What is the difference between an accidental shooting and a negligent discharge?

An accident implies unforeseen circumstances, like a manufacturing defect. A negligent discharge, however, results from a series of foreseeable failures, such as not checking the chamber, keeping a finger on the trigger, or pointing the gun at someone, and then pulling the trigger.

Who decides if criminal charges are pressed after a gun incident?

Victims do not decide on charges. Police investigate the incident and recommend charges to the prosecutor's office. The prosecutor then makes the ultimate decision on whether to file criminal charges based on the evidence and applicable laws.

Can a gun store be held liable for a customer's negligent discharge?

Yes, a gun store can be held liable through civil lawsuits if their training or safety standards were negligent, contributing to the incident. This could involve claims against the store's owners, employees, and FFL holders.

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