Posted on 11/16/2014 2:09:45 PM PST by marktwain
This “negligent discharge” is so conditional and situational that it would never legally fly outside of states or D.C. where guns are still effectively outlawed. While acting in the prevention of a felony, it would be an unconscionable “parsing” of an event.
According to Criminal Defense Lawyer.com, “You cannot commit an unlawful discharge of a weapon if you fire it accidentally. A prosecutor must show you intentionally fired the weapon, but does not have to show you did so maliciously or with the intention to hurt someone or damage property. Prosecutors typically show your intent from the circumstances surrounding the situation, witnesses testimony, or even your own statements.”
Unlawful discharge is not the same as negligent discharge.
Legally, “Intentional, Negligent, or Careless Discharge” are classed under the previous citation.
http://www.criminaldefenselawyer.com/crime-penalties/federal/Unlawful-discharge-weapon.htm
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