Posted on 12/03/2021 5:38:25 AM PST by marcusmaximus
My question is why was the gun loaded at all during the process of getting the right 'angle' for the film shot lined up.
Get your visual angles lined up first, then load the gun, then shoot the scene.
Time is money,
Money’s tight,
And that ain’t funny....
-“Low Budget”, The Kinks
Apologies to Ray Davies
He “let go of the hammer on the gun, and the gun goes off” is what happens, you idiot, if you “let go of the hammer” incorrectly.
He must of skipped the day of firearms training where they describes how something goes out of “the dangerous end.” Just another example of an ignorant, blowhard, antigun moron handling a firearm without knowing anything about them.
All we need to know is that he thinks he’s not responsible for the shooting, but anybody else, that ever used a firearm for whatever purpose, should be locked up and have the key thrown away.
But not him . . .
He doesn’t have to be charged criminally for the dozen or so potential lawsuit complainants to get his $60M estimates say he has. More power to them.
Yes, if there was only one, it’s Russian Roulette chances, and maybe some mix-up of live and dummy.
If all of them, it’s something else.
But I think I read that that chick armorer unloaded the gun real fast, because . . .
Real gun, italian replica of a period piece. Comes in two models one with modern internal safety bar the other is historically accurate with no safety at all. The historical version absolutely will fire the round under the hammer if the hammer is dropped. The trigger has nothing to do with this form of discharge. Revolvers were redesigned to eliminate this risk. It is the origin of the expression going off half cocked.
“Santa Fe County Sheriff Adan Mendoza identified the gun used in the shooting as a modern Pietta replica of a single-action army revolver. Those guns can be bought either with a transfer bar that makes it impossible for the firing pin to strike the primer unless the trigger is pulled or without one. Often, enthusiasts and collectors prefer the models without modern safety devices because it’s more authentic and perfectly safe when handled properly”
You just described the very reason that the responsibility for weapons protocols on a film set are left to a professional armor who primary mission is to ensure that every weapon on set is certified and verified as a cold gun. Which is the industry term for a triple checked and certified unloaded weapon. Actors are some of the dumbest people on earth they are not qualified nor tasked with weapons protocols. The armor F’d up big time when she handed a loaded weapon to an actor and F’d up again when she then certified that as a cold gun. The improper handling of a historical weapon that lacks basic safety features is a whole separate issue. It could be argued that he lost his grip on the hammer and it slipped due to perspiration or hand oils off his thumb a modern revolver would have gone click and nothing else a historical one with a live firing pin under that hammer goes boom nearly every time. He was being directed in the positioning and pointing of that weapon by the photographer the industry term is angles so it will be hard to prove he intentionally pointed it when he was being instructed and positioned at the time. The liability for a cold weapon is on the armor the actor lacks the qualifications to certify that.
All that explanation sounds great, but it has little to do with NM statutes on the discharge of a firearm resulting in death. Baldwin faces (or should be facing, in a sane world where law treats everyone equally) that fact that under NM law, he discharged a firearm resulting in death and grave bodily harm.
Since he didn’t intentionally pull the trigger. This has to be an accidental discharge or mechanical failure leading to discharge. The negligence is on the armor first and foremost for handing a live round in the chamber to an actor on set then declaring cold gun. That changes the legal dynamic considerably. Actors are not qualified, tasked nor expected to second guess their professional armors this has a long standing legal precedence. Don’t let politics blind you to facts. The actor th at shot Brandon Lee was never charged why? Because the armor failed to clear the gun , declared it a cold gun and when the gun went off the bullet still in the guns barrel from an earlier scene flew out and killed Brandon Lee. The actor was not expected then nor would they be now to know to clear a weapon that’s the armor job and legal responsibility.
Involuntary Manslaughter/Negligent Homicide when?!
Letting go of a hammer will only discharge very old historical single action revolvers. All modern revolvers and semi automatics have firing pin safety mechanisms designed specifically to prevent this problem. I have two 1865 revolvers both will fire from half cocked if you don’t seat the hammer back on the sear. The 1911 is also.single action and you can drop the hammer from half cock nothing will happen why? Because unless the side safety is down,the rear grip safty is fully depress and the trigger is back the firing pin is out of line with the primer. Same for a Sig P226 take it to just under half cock let the hammer go click nothing. Do that with a pre 1870 revolver and they will.go bang.
The gun in this case is a replica of a 1869s era revolver it comes in two versions one is modern with a transfer bar safety the other is historically accurate version with a always live firing pin I think we just found out what version was on set. If you pull the hammer back on the original and lose your grip before that hammer clicks back and locks on its sear it will fly back.forward with full speed of the spring tension you just pull it too and nearly every time light off the round in the cylinder under it which also would rotate back to it’s original position as the spring unwound there is no back catch paw or rachet on those older guns at half.rock the chamber will index forwards manually but will rotate back if you let the hammer go.
Sounds like the single action worked exactly the way it is supposed to.
No politics in my statement or position. Its a matter of the state law.
You wont find anything in state law to explain away or excuse the fact that Balwin picked up a gun and in his own words before retracting them, pulled the trigger and killed someone.
Universal Citation: NM Stat § 30-7-4 (1996 through 1st Sess 50th Legis)
30-7-4. Negligent use of a deadly weapon.
A. Negligent use of a deadly weapon consists of:
(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2) carrying a firearm while under the influence of an intoxicant or narcotic;
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.
Now, NM law says that negligent discharge is a misdemeanor, but its a crime none the less. Add in homicide...
30-2-3. Manslaughter.
Manslaughter is the unlawful killing of a human being without malice.
A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.
Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony.
The excuse game is way too common today. Society is destroyed by it. You or I would be in jail right now for a similar 'mistake'. Negligence and carelessness are the two leading causes of accident with firearms. That is exactly why such laws are in place.
By the law, Baldwin is guilty of 4th degree felony homicide.
The armor will almost certainly face negligence charges for handing a live round in the chamber to an actor on set they failed in their primary job to ensure that every weapon on set is certified and verified as a cold weapon. Since it is not the skill set nor responsibility of an actor to second guess their professional armor who is tasked with ensuring cold weapons it will be hard to convince a grand jury to bring charges. Movie sets are extenuating circumstances by definition. Where else can you legally point a real weapon at someone and pull the trigger even with blanks loaded. Do that in your local wallyworld and you don’t get shot by a third party of the person you are aiming at you absolutely will get hit with, brandishing a firearm,reckless discharge of a firearm. If the state has menacing charges as well. All those don’t apply on a movie set when there is a legitimate reason to be pointing and discharging real firearms albeit with blanks at another human.
The actor in this case was performing a dry run rehearsal while being positioned by the photographer in the pointing and use of that weapon the industry term is angles. It will be difficult to jump to negligence when he was under active instructions on where to point that declared cold gun. The expectation of everyone on scene is after the armor issues and declared a cold gun it’s safe to be in front of as scenes often call for shooting directly at someone that’s how the industry ensures safety. There was a reasonable expectation not only by the actor but every one else on scene that the gun was safe to be positioned near or pointed towards another human. The argument will be was the hammer dropped by accident it’s hot in NM sweat ,hand oils ect could cause a thumb to slip off the hanmer. Any modern firearm this is not a problem click nothing happens. It is a near certainty that the actor did not know of the safety flaw in these old guns especially if this model comes in two forms that are externally identical it’s likely the armor didn’t know this gun was the historically accurate version either. From the report the photographer instructed on the angles of the gun and then said you will be cocking the gun which the actor complied and.cocked the gun which for some reason unknown as of now the hammer never went to full cock it dropped From half cock and in a period piece went off as most of these era guns will do exactly the same thing given the same treatment.
Huh, Are you like some crazy Lin Wood lawyer? You need to respond to my pointing out NM law on negligent discharge and homicide.
You missed the negligent manner prerequisite. He was under active instructions on where to point that declared cold gun. There was an expectation that it was safe to do so. The responsibility for that cold gun was not his he is not qualified to verify a weapons is cold. Sorry bud. The armor girl is toast though.
He won’t be convicted I’ll put up $500 via venmo on that take that bet.
Any gun expert wold say that, regardless of training, failure to follow basic safety rules (pick the version you like) is a form of negligence. Balwin handled the gun without knowing the state of the gun (loaded/unloaded) knowing it WAS a real gun and COULD kill someone. He then went on to cock hammer/release hammer/pull trigger (pick whatever you like) while the gun was pointed at the chest of the dead victim, knowing it WAS a real gun and COULD kill someone. That is the very definition of negligence.
I didnt say he would be convicted. I said by law he can not escape the fact he is guilty of negligent homicide. I dont understand why you are on a crusade to proclaim he is not responsible. He should be convicted.
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