Accidental discharge in Florida home?

The system will improve over the next decade in the interest of "public safety". I fully expect a system listening for "key words" within 20...
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Sorry, I thought we were talking about currently used technology. Speculation about what may be used in the future is just that, speculation.
 
Icedog, the event you linked is analagous to the circumstances which PRECEDE cleaning a firearm, and which could not possibly occur while it was being cleaned if any safety precautions have been taken.
 
You can, of course, decline to answer his questions, at the risk of him assessing that your noncooperation now gives him PC to believe a crime has been committed (in the context of why he was called to the scene, of course).
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It is well established that exercising one's 5th amendment right does not create PC or RS.

It is against the law to lie to a police officer in the course of his duties.
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It is not against the law to lie to a police officer. Lying to a federal agent, on the other hand . . . well, ask Martha Stewart.
 
Csmsss in order to clean the gun, you must first disassemble it no? I consider that cleaning my gun. You are quibbling over semantics.
 
It seems that "icedog88" comments, and the link that he placed in his post, and the accompanying posts are the most comprehensive conversation about an AD and an ND. Unfortunately, if you have read all the posts have If you've read akk thread thus far, you'll not thus far, no one has really stated any firm legal answer to the question.
Consequently, my "bet" with someone regarding the subject will probably not be decided on the forum. Glad someone had the knowledge about probable cause issue, and mistaken idea that it was illegal to lie to police questions, and only applies to federal agents.
Hopefully no one on the forum gets in the position and needs to know the answer.
 
without any damage being done to someone elses property or person, not much can be done to you on the state level, however, local noise ordinance, or hoa by-laws regarding noise still apply
 
Csmsss in order to clean the gun, you must first disassemble it no? I consider that cleaning my gun. You are quibbling over semantics.
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Not at all. What I am doing is making clear your mistake of equating clearing a weapon with cleaning it. They are two entirely different acts. In fact, if a firearm has been cleared, then it cannot possibly discharge while one is cleaning it.

Your point is that you don't want your imprecise language brought to anyone else's attention. Sorry if my doing so makes you feel bad.
 
without any damage being done to someone elses property or person, not much can be done to you on the state level, however, local noise ordinance, or hoa by-laws regarding noise still apply
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That's simply not so. If you live in a jurisdiction where the discharge of a firearm is prohibited, and do so anyway, if that is witnessed then yes you can be prosecuted. It's rare, but it's possible.

I don't understand all of the hemming and hawing over this. ANY discharge of a firearm within one's home not resulting from a mechanical defect is inexcusable.
 
csmsss, the OP's question was specific to Florida. As several of us have noted, in Florida, the state has preempted lower levels of government from passing or enforcing firearm laws. So, for purposes of this thread, the discharge of a firearm is not really a player.

But it was a negligent discharge, unless the weapon went off while being cleared, due to a true mechanical malfunction.

So we agree on the main point, anyway.
 
Not at all. What I am doing is making clear your mistake of equating clearing a weapon with cleaning it. They are two entirely different acts. In fact, if a firearm has been cleared, then it cannot possibly discharge while one is cleaning it.

Your point is that you don't want your imprecise language brought to anyone else's attention. Sorry if my doing so makes you feel bad.
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As I said:rolleyes:
If I do the brakes on my car, the first step is not to take the brake pads off. Kinda hard to do if the wheel is still on.
And yes, you are arguing semantics and not my perceived imprecise language as I clearly stated that I consider disassembling my gun part of of the cleaning process if that's what I set out to do. Disassembly involves removing the magazine on my semi-autos. This is not my mistake. If I take my gun out, wishing to clean it, and my girlfriend asks what I'm doing, I absolutely do not say, "I am clearing my gun. Then I will proceed to disassemble said gun. After that, I will clean said gun."
 
Most probable legal answer: If you live in Florida, who has a state law that no local entity can make laws that go beyond Florida state law, and do not discharge a pistol in a public place, or on private property that endangers nearby persons or property, and do not violate HOA rules (assuming muffled sounds inside house), you do not violate Florida state law.
 
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