gun shop employee shoots customer in the back

T

therealdeal

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http://www.foxnews.com/us/2012/11/2...ally-shoots-customer-in-back/?test=latestnews

I wasn't sure whether to put this one in law&civil rights or not.

Clearly this is a negligent discharge in my opinion even though the article lists it as an accidental discharge. Either way, I am usually one to hope someone can avoid prosecution or arrest when accidents occur, but I was wondering how fellow TFL members felt about this instance? Should this gun store employee face charges. I don't think he should face severe, drastic charges here. I just feel in this instance he should maybe at least receive some kind of citation or misdemeanor summons. I was hoping for some more thoughts on the issue from fellow members.
 
This may hinge on whether it was his firearm, or if he was unloading one brought in by a customer for repair, trade, or whatever. Even then, it should have been pointed elsewhere. For all we know, it could have been a riccochet.
 
Accident?

Let's see now. Handling a loaded weapon in the store, muzzle not pointed in a safe direction, finger on the trigger? Evidently didn't know what he was doing and proceeded anyway. Accident waiting to happen maybe but definitely not an accident. Negligent discharge and endangering the public in my opinion. Not to mention stupid! He needs to be fined, put on probation and find another line of work.
 
throttleup

Let's see now. Handling a loaded weapon in the store, muzzle not pointed in a safe direction, finger on the trigger? Evidently didn't know what he was doing and proceeded anyway. Accident waiting to happen maybe but definitely not an accident. Negligent discharge and endangering the public in my opinion. Not to mention stupid! He needs to be fined, put on probation and find another line of work.
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yeah accidents happen, but this is ridiculous for a number of factors(some mentioned by you). It is good the victim seems to be in a situation where he can get thru this. He'll probably have a lot going thru his mind this Thanksgiving.....
 
Shot in the back at the age of 65 with a .45. That can't be good. I hope his prospects for full recovery are good though.
 
Way too many variables left out of the news report to render any kind of valid opinion.
-what operation was the employee performing?
-what kind of firearm?
-where was the victim?
-was the employee alone?
That's a good start.
 
No variables required...fact: employee handling loaded firearm...fact: firearm is discharged = negligence...fact: innocent bystander is harmed = responsibility.

No pass...he has to take responsibility.
 
I've been at my LGS when customers have brought in intended "trade-in" weapons that turned out to be loaded.

Should the employees treat all weapons as loaded? Yes.

Would such a case be a potentially mitigating factor? Yes, at least in my opinion.

What the employee was doing at the time should definitely be a factor for criminal charges, but may not be as much of a factor for civil suits, again in my opinion.
 
It is good the victim seems to be in a situation where he can get thru this.
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We don't know that. He had to be airlifted out. That's more than a scratch.

Yes, the employee should be charged with a crime. Yes, he should be open to a civil suit. I don't care if he's "one of ours" or not; his negligence caused grievous harm to another person.

Had I been the victim, I'd be pursuing both options, same as I would if the employee hit me with his car or injured me with an errant power tool.
 
Why was the gun loaded to begin with and why was he pointing it towards the customer and the street. That man is toast.
 
Well, the employee is "supposed to be" a professional. Anyone going into that store has a right to expect them to at least know how NOT to shoot the customers. Besides all the other reasons, it has to be bad for business when someone is air lifted from your store. Hopefully the customer comes out of this as good as posssible.
 
I suppose that is one way to keep the customer from leaving without a sale.


So many things wrong with that situation. I consider it complete negligence
 
jmortimer said:
Broke one or more of the four rules.
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Which one? I'd say he broke at least four out of four. Lemme see:

RULE I: ALL GUNS ARE ALWAYS LOADED

RULE II: NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT WILLING TO DESTROY

Rule III: KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET AND YOU ARE READY TO FIRE

RULE IV: BE SURE OF YOUR TARGET AND WHAT LIES BEYOND IT


Check. IMHO he got 'em all.
 
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