Gun Control & RKBA
Related: About this forumAccidental Shooting Death of Florida Man Mistaken for a Boar - No Charges
SF Gate reportsState wildlife officials say a South Florida hunter was likely mistaken for a boar by a friend who accidentally shot and killed him.
Florida Fish and Wildlife Conservation Commission officials tell The Palm Beach Post that Ernie Small Jr. likely mistook his friend Clinton Haas of Loxahatchee for a boar while they were hunting Thursday night near Jupiter.
Haas' shooting was ruled accidental, though wildlife officials say their investigation remains open.
I guess this is just a simple hunting accident with the ironic title of having been mistaken for a boar. There was another pig shooting lately, but that one wasn't so much a case of mistaken identity as simple negligence.
Like all hunting "accidents" today's story about the boar hunters requires the violation of safety rules. The shooter should be charged with a crime. It doesn't take a lengthy investigation to determine where he was at fault. The problem is the mistaken idea that accidents are somehow acceptable.
What's your opinion? Please leave a comment.
Cross posted at Mikeb302000
gejohnston
(17,502 posts)there is a rarely used, kind of arcane, "excusable homicide", but I don't think that is used much in the US these days. Should it be involuntary manslaughter? You think so. That is why sound shots are bad, and the western states like Wyoming and Idaho have the right idea, you must were bright orange or red. Camo outfits like they use in the south is fucking stupid.
mikeb302000
(1,065 posts)the shooter must follow the 4 Rules of Gun Safety.
gejohnston
(17,502 posts)Last edited Mon Oct 22, 2012, 02:29 AM - Edit history (1)
I am saying that may or may not be manslaughter. I am also saying the media account may or may not be totally accurate. I do know enough to know that cases hinge on specific facts that happened in a short period of time. If the guy did in fact make a sound shot, that probably would be a case for manslaughter. If it had something to do with a mechanical malfunction of the rifle, then probably not.
Same thing if a kid runs out in front of you in the street. If you are withing the speed limit, not talking on your cell phone etc, it would most likely be excusable homicide or some modern term of. If you were texting or speeding, then it would be manslaughter as far as I know. Of course, your jurisdiction may vary.
One of the things that surprised me when I moved to Florida, is that the game wardens are almost as heavily armed as the regular cops. In Wyoming, I don't remember seeing a game warden wearing a pistol. Had a rifle in a gun rack and might have a pistol, but left it in the truck when stopping someone. Imagine setting up a one person road block on a dirt road in the wilderness during hunting season. You know every vehicle you stop has guns, but you leave yours in the vehicle. Last WGF officer to be murdered on duty was in 1913.
ileus
(15,396 posts)He'd have visually ID'd the animal, it's not that common for hunters to yell out and ask if they're an actual game animal. I've never done a hands on inspection before shooting game either.
Submariner
(12,511 posts)bear, wolf and caribou. Boar is a new one for me, but I've read about all the other mistaken critters/hunters. Maybe these people ought to be sure what they are shooting at BEFORE pulling the trigger. That might help alleviate the problem.
Common Sense Party
(14,139 posts)How widespread is this problem?
qkvhj
(57 posts)There are millions of hunters in our nation and a few cases of "mistaken for game" shootings each year. There are many more accidental firearm discharges that cause injury or death to other hunters or family members and even those are not prevalent. Hunters are usually more safe with their firearms than others. Most states require more safety training for hunters than for just buying or possessing a firearm.
mikeb302000
(1,065 posts)The fact is there are too fucking many and they are PREVENTABLE.
Eleanors38
(18,318 posts)In a single season, that was one where a hunter pulled a shotgun out of his car barrel first at a dove hunt (supposedly the single greatest cause of gun-related hunting deaths). In other words, a greater danger than mistaken I.d.
mikeb302000
(1,065 posts)Remmah2
(3,291 posts)The OP is a boar.
petronius
(26,606 posts)basic gun safety and often prefer to refer to them as negligence, it is inappropriate to criminalize them.
In any activity or area of life, a fuck-up without willful or unlawful intent is a fuck-up, not a crime...
mikeb302000
(1,065 posts)Remmah2
(3,291 posts)But it should not be limited to firearms.
dchill
(38,556 posts)A body is responsible for that shooting. A trigger pull is never a complete accident.
One's finger is deliberately placed on that trigger. At that point, one needs to start being careful.
That is nothing but logic.
ileus
(15,396 posts)Unless of course the were using night optics.
I recommend staying a team when night hunting.
rl6214
(8,142 posts)You need to put a PS at the bottom of every one of your posts, after your blog spamming of course that you advocate for the banning of ALL firearms, legal or like the illegal ones YOU used to own.
mikeb302000
(1,065 posts)Remmah2
(3,291 posts)Why limit it to gun owners?
rl6214
(8,142 posts)"Eventually, I and most of the others would conclude that no guns at all in civilian hands is the best way to go"
From this thread:
http://www.democraticunderground.com/117276516
mikeb302000
(1,065 posts)rl6214
(8,142 posts)holdencaufield
(2,927 posts)... is a "hidden criminal", according to Mike
mikeb302000
(1,065 posts)discntnt_irny_srcsm
(18,482 posts)...accidents are potential crimes that just await the right (or wrong depending on perspective) prosecutor and jury.
4th law of robotics
(6,801 posts)that is potentially a crime.
Ergo all people are potential criminals.
And since juries make mistakes too we should probably not wait for their decision to treat people as criminals.
discntnt_irny_srcsm
(18,482 posts)...in the realm of "accidents" some of the most serious involve pregnancy.
As I was told in high school, if you drive don't park, accidents cause people.
ileus
(15,396 posts)discntnt_irny_srcsm
(18,482 posts)...so please aim responsibly.
GreenStormCloud
(12,072 posts)Charge all the at-fault drivers with murder when there is a fatality.
Logical
(22,457 posts)causing a wreck.
Using a gun should require a higher level of expectations.
And before you pull a trigger you need to be 100% sure what you are shooting at.
I am not talking about dropping a gun or it accidental discharges. I am talking about shooting at something and it ends up being person. There is NO excuse for that.
ManiacJoe
(10,136 posts)#4: Identify your target and what's behind it and what's beyond it.
petronius
(26,606 posts)What if someone neglectfully goes to sleep with a candle lit, and burns the building down?
Civil liability is fine, but absent criminal intent or a willful negligence, I'm not comfortable criminalizing mistakes - no matter how much we abhor them or what the outcome is...
Logical
(22,457 posts)way worse. You knew you were firing a deadly weapon and still were clueless.
An accidental discharge is different. But pulling the trigger is a higher level of responsibility.
Unless you are a cop of course.
petronius
(26,606 posts)Logical
(22,457 posts)do not realize guns ownership and usage demands a higher level of responsibility.
gejohnston
(17,502 posts)making sound shots is the same as texting while driving instead of failing to stop for the kid because he moved faster than your reaction or mechanical failure.
petronius
(26,606 posts)lamentable, etc - the question is whether it's criminal. And I will argue that if a mistake is made, without deliberation or evil intent - a shooter loses track of a buddy, misinterprets a shape, sees something that isn't there, whatever - it may be lot of things, but it's not a crime. And I'll claim that in any area, not just shooting - people err, and while they should be held responsible for their errors, the criminal system is not necessarily the place to do it...