Negligent Discharge = Felony & Prison Time in Some States?

[Dale00]

I was surprised to learn that a negligent discharge, in and of itself, is a felony in some states. My limited research online indicates that this is true in Arizona and Virginia. I imagine there are other similar states.

This makes me curious to know the penalty in each state but I am not finding a ready source of this info.

If you are human, a mistake is always possible.... Absolutely, people need to be educated and responsible with firearms but I think mandatory prison time is an excessive penalty.

 

[Tanis143]

One thing to remember about laws, having them on the books is one thing, being able to successfully prosecute them in a court room is another. I would look up how many times people in those states have actually been convicted of those charges and what the circumstances were.

 

[Dumpstick]

I would think, that to prove a negligent discharge, one would need to prove the lack of motive. In other words, prove a negative.

Really Your Honor, there was a silverfish on the ceiling. I was merely ridding my domicile of a noxious pest.

 

[Snattlerake]

Only a misdemeanor here.

21 OK Stat § 21-1364 (2018)
DISCHARGING FIREARM

Every person who willfully discharges any pistol, rifle, shotgun, airgun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor. Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a period of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

R.L.1910, § 2577. Amended by Laws 1995, c. 272, § 58, eff. Sept. 1, 1995; Laws 2012, c. 259, § 45, eff. Nov. 1, 2012.

 

[Rollpin]

"or in any place where there is any person to be endangered thereby" -- that seems fairly vague and subjective.

 

[MacFromOK]

That also says "willfully discharges" ... which means intentional (AFAIK).

NOT a lawyer.

 

[ignerntbend]

"or in any place where there is any person to be endangered thereby" -- that seems fairly vague and subjective.

That's a good one! "My subjective experience of the situation was that there was a bullet bouncing around. I readily acknowledge that sometimes the mind plays tricks on itself. A man can never know his own mind because his mind is all he has to know it with."

 

[jhat]

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=68989&date=