AD Laws - AD results in death

Sorry if this is the wrong place for this.

http://www.news-journal.com/news/content/gen/ap/TX_Gunshot_Wreck.html

Crash caused when driver accidentally shot by passenger

ABILENE, Texas — A pickup driver was killed by the accidental discharge of a hunting rifle held by his friend, causing a head-on collision that injured five people, authorities said.

James Michael Edwards, 22, of Abilene, died after a high-caliber rifle held by a back-seat passenger accidentally fired and sent the bullet through the front seat, Justice of the Peace Mike Pueschel said.

Pueschel said he determined the Sunday night shooting was accidental after talking to one of the three men injured in the pickup and a sheriff's deputy who had spoken with the passenger believed to be holding the rifle.

"That boy's life is going to be changed," Pueschel said, referring to the victim's friend holding the gun. "You can't imagine what they're going through."

The Taylor County Sheriff's Office requested Sunday night and Monday that an autopsy be done, but Pueschel declined, saying it was not necessary because there was too little evidence.

Sgt. John Cummins said detectives are investigating the case as an accidental shooting but have not ruled out filing charges, such as criminally negligent homicide. He said an autopsy is routine in any type of death investigation.

The pickup driven by Edwards crossed the Interstate 20 median near Tye and collided head-on with another pickup, sending its driver and passenger to the hospital.


Very sad and unfortunate incident. The article says the death was caused by an accidental discharge, I do not know if it was a true AD or a negligent discharge. How can a rifle or gun just "go off" without a trigger being pulled or a firing pin being engaged by a severe shock?

This article, and none others I can find, say anything about if the guy holding the gun is going to be charged. It is my understanding that in TX if anyone is hurt/killed by a weapon in your possession you are held accountable. Is that right? What about the state you live in?

I had that legal question and wanted to thank all of the Firing Line members who stress gun safety, the four rules, and even the Kid's Gun safety rules here. My thoughts and prayers go out to everyone on both sides of that situation, the survivor might well have a lot more to answer for than just spiritually and personally.
 
Hunter safety ignored yet again......

Outside of an active combat zone (and there aren't any in the US, no matter what the media says) there is NEVER any reason to have a long gun loaded in a car (or truck)!!! NRA Hunter safety taught that waaaay back when I took it close to half a century ago, and I'm certain that they taught it before that! Loading or unloading a rifle or shotgun in a motor vehicle (especially in motion) is begging for a fatal accident.

The shooting will likely be ruled "accidental", but it was actually negligence that allowed it to occur in the first place.
This is tragic, and was entirely preventable.

I did hear one the other day, sad, but kind of funny too. The guy nearly did the right thing. He laid down his gun while crossing a fence. Things were fine, until his dog stepped on the gun, and fired it, hitting him in the leg! Soooo close to doing it right, but so far at the same time. The gentleman is expected to recover.
 
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