Posted on Jul 8, 2024
Man Killed In Kentucky Gun Store By Negligent Discharge
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I can not accept any excuse for this.
Man Killed In Kentucky Gun Store By Negligent Discharge
Posted from bearingarms.comPosted in these groups: 
Firearms and Guns
Firearms and Guns
Posted 5 mo ago
Responses: 6
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At an outdoor breakfast on Saturday mornings we not only have Bible study but we talk about everything under the sun, including firearms. One of the guys was showing off one of his handguns, he did drop the mag and check the chamber. However, he allowed the barrel to point at some of us at the table. When we tried correcting him he kept stating that he already checked the chamber. I finally got up and got away from the table. I told him I didn’t give a blank whether he checked the chamber or not. I hadn’t and I will not be where someone paints me with the barrel of a firearm, period.
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This tragic event should NEVER have happened. The article stated no charges were pending but IMO, there are SEVERAL instances where charges should be levied. From the clerk who didn't verify the weapon was unloaded, the customer who failed to verify an unloaded weapon AND demonstrated poor muzzle discipline, and lastly whatever dumbass that put a live round into the weapon in the first place....just for starters.
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MSG Thomas Currie
Of the three individuals you mention, the most difficult to identify is the third -- there is probably no way to reliably find who loaded the gun or when.
Personally I place at least 51% of the responsibility on the store clerk (even more so if the customer was noticeably unfamiliar with guns).
Without a video of the incident I won't try to judge how the customer handled the gun. Certainly the customer should have checked the weapon himself - especially after seeing that the clerk didn't - but we have no information about how experienced or inexperienced the customer was. I would like to think that the customer must have been inexperienced because an experienced shooter would have automatically checked the gun, but I've seen far too many experienced shooters who become complacent.
The police aren't the ones who actually bring charges in a case like this, so we really don't know yet if the prosecutor will or won't file charges against the clerk, the customer, or both -- that decision is probably still days from being made.
I can understand a prosecutor being reluctant to take the case to court. Charging the clerk is difficult because it would require educating a jury about not just gun handling but proper gun store operations to convince a jury to convict someone who was not holding the gun and did not pull the trigger. THAT is always going to be a tough sale to make to the non-shooting public.
Meanwhile charging the actual shooter would be easier but could be challenging if there are any jurors who do understand what SHOULD have happened. Again, without knowing anything more about the shooter it is hard to judge their mistakes. As a shooter and retired instructor, I would point out that any mistakes made by the customer SHOULD HAVE been seen and corrected by the clerk.
The prosecutor is going to have to consider the jury pool in his county and the chances of getting a conviction. He will also be considering the mixed bag of political ramifications of bringing or not bringing charges in this case.
There are two things I think we can count on:
1. There are NO loaded guns in that gun store today.
and
2. The Wainscott family will have already been contacted by dozens of lawyers offering to handle their lawsuit against the gun shop.
Personally I place at least 51% of the responsibility on the store clerk (even more so if the customer was noticeably unfamiliar with guns).
Without a video of the incident I won't try to judge how the customer handled the gun. Certainly the customer should have checked the weapon himself - especially after seeing that the clerk didn't - but we have no information about how experienced or inexperienced the customer was. I would like to think that the customer must have been inexperienced because an experienced shooter would have automatically checked the gun, but I've seen far too many experienced shooters who become complacent.
The police aren't the ones who actually bring charges in a case like this, so we really don't know yet if the prosecutor will or won't file charges against the clerk, the customer, or both -- that decision is probably still days from being made.
I can understand a prosecutor being reluctant to take the case to court. Charging the clerk is difficult because it would require educating a jury about not just gun handling but proper gun store operations to convince a jury to convict someone who was not holding the gun and did not pull the trigger. THAT is always going to be a tough sale to make to the non-shooting public.
Meanwhile charging the actual shooter would be easier but could be challenging if there are any jurors who do understand what SHOULD have happened. Again, without knowing anything more about the shooter it is hard to judge their mistakes. As a shooter and retired instructor, I would point out that any mistakes made by the customer SHOULD HAVE been seen and corrected by the clerk.
The prosecutor is going to have to consider the jury pool in his county and the chances of getting a conviction. He will also be considering the mixed bag of political ramifications of bringing or not bringing charges in this case.
There are two things I think we can count on:
1. There are NO loaded guns in that gun store today.
and
2. The Wainscott family will have already been contacted by dozens of lawyers offering to handle their lawsuit against the gun shop.
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