A couple of reminders as to how careful we must all be with our firearms

[nogods]

Whether you have 1 gun or a 100 guns, you can never have a safety lapse when children are around.

Jacksonville father will do jail, probation for daughter's gun accident

A Jacksonville man will serve 90 days in jail, five years of probation and be barred from owning firearms after he accepted responsibility for his 6-year-old daughter’s accidental shooting two months ago.

Donnell Bernard Burney, 32, pleaded guilty to culpable negligence Thursday before Circuit Judge Adrian G. Soud.

Burney was cleaning a .380-caliber semi-automatic pistol about 2 p.m. Jan. 16. He left the gun unattended when his daughter, Donesha Burney, was shot in the chest in an apparent accident.

Prosecutor Mark Caliel said Donesha is expected to make a full recovery.

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[FROM THE PROSECUTOR'S CLOSING ARGUMENT:]

"There are no winners in this case, only losers," Assistant District Attorney J.B. Askins told jurors in his closing arguement.

Tyler Lewis cannot be brought back, but jurors can show that gun safety laws have a place, Askins said.

Robert Lewis broke his promise made when purchasing a handgun when he failed to secure the weapon. His broken promise led to his son's death, Askins said.

[FROM THE DEFENSE CLOSING ARGUMENT]

"No matter what the jury does Rob Lewis has a life sentence for losing his only child, his firstborn son," defense attorney Ernie Wright told jurors in his closing argument.

Wright said Lewis left for work with his son alive and in the care of his wife.

Wright said Tyler got the gun in the hour between his father leaving for work and his mother waking up. Later, after asking his mother where his father was, Tyler left her presence for a few seconds, returned to the gun, and accidently shot himself.

Wright said the child was in the care of his mother and was not unsupervised, one of the elements of the failure to secure a firearm law.

"Call this case the way it is," Wright told jurors. "It was a tragic accident."

[FROM THE PROSECUTOR'S REPLY TO THE DEFENSE'S CLOSING ARGUMENT]

"Is the defendant sorry? I'm sure he is," Senior Assistant District Attorney Mike Maultsby told jurors in his closing argument. "But sorry won't get Tyler behind the wheel of his first motor vehicle, sorry won't put Tyler in college, sorry won't send Tyler on his first date. Tyler will never get to do any of these things."

Maultsby said he didn't believe the handgun was on top of the entertainment center as the defendant claims. He said the child couldn't have climbed up the furniture to get the gun.

"It makes no sense," Maultsby said. "Tyler did not climb that entertainment center, ladies and gentleman, the gun was left where Tyler could reach it."

Robert Lewis loaded a Glock 22 .40-caliber pistol, chambered a round and left the gun so all his 3-year-old son had to do was pull the trigger, which had been altered to make it easier to fire, Maultsby said.

This case began when Robert Lewis broke a promise to keep his handgun secure; it shouldn't end with the jury breaking its promise to uphold the law, Maultsby said.

These tragic incidents make programs like the NRA's Eddie Eagle all the more important. We simply can't trust adults to be perfect.

Firearms: “Eddie Eagle” focuses on child safety

 

[WillyP]

I am unsure of how a 6 year old can reassemble a 380 semiauto, that is being cleaned,insert a magazine, AND charge the firearm and then shoot herself with it ?? I sold a PPK 380 because my adult wife was not strong enough in her hands to cycle the slide to chamber a round. The firearm was left charged and unattended or the child could not have fired it. Period.

 

[luv2shoot]

Burney

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I think he had re-assembled it.

 

[CapGun]

Hmmm I think that the safety rule when cleaning your gun is at the very least NO AMMO on the bench. Actually it is put as NO AMMO in the room.:fie:

 

[-06]

Like the prosecutor said--a very tragic accident. IMO the gun was left loaded and within reach or it would not have been cycled by a six yr old. Just another reason that I do not have a Glock. I want more than a trigger "safety". IMO that is no safety at all in the hands of a minor--just another "accident" waiting to happen.

 

[B2Tall]

I grew up in a military family and when I was 5 (in 1969) my father was posted to the Crane Ammunition Depot in Indiana to do some small-arms R&D. He (and others) were encouraged to literally take their work home with them. As a result there were always guns of various types around the house. My siblings and I were instructed from a very early age on the Dos and Don'ts of firearm safety, and trust me.....if any of us dared to cross dad on this one, there would be hell to pay.

As far as the father in question goes, not only was he negligent in leaving a charged weapon unattended, it sounds like he was more than likely negligent in educating his daughter on rudimentary dangers of firearms.

 

[Treo]

That wasn't an accident, it was negligence on the part of the father. I have to agree w/ capgun there is no reason to have ammunition in the cleaning area.

I am confused though the article say the child is expected to make a full recovery but the closing arguments make it appear that she died.

I'd also like to hear how a mandatory state sponsored safety class would have prevented this

 

[B2Tall]

I'd also like to hear how a mandatory state sponsored safety class would have prevented this

It won't. You can't fix stupid. You can fix ignorance due to lack of knowledge. Training isn't a cure-all but it certainly helps everyone involved.

 

[Crazy bird]

Yep!

AMEN to that !

 

[nogods]

That wasn't an accident, it was negligence on the part of the father. I have to agree w/ capgun there is no reason to have ammunition in the cleaning area.

I am confused though the article say the child is expected to make a full recovery but the closing arguments make it appear that she died.

I'd also like to hear how a mandatory state sponsored safety class would have prevented this

They are two different cases. In the first the guy took a plea. in the second the guy took a trial. The jury was sent home Friday in the second case. They'll return Monday to continue deliberations.

 

[BlackieChan]

Yes, the knee jerk reactions in all these cases pisses me off fiercely.

It's just the same with the Jared Loughner thing. He listened to talk radio? Rush made him do it? Now we need more gun control? No cubed.

It's hard to deal with but people die and legislation never brought anyone back to life. Responsibility can definitely save a life though.

 

[Rocketgeezer]

Guys I am the last one in the world to say anything about a individuals right the keep guns, and I do not care that the children were "around guns since they were born" BUT guns and small children mixing is worse than guns and alcohol, if you have small kids in the house keep the guns 100% of the time in a completely seperate location,locked up in a safe were the children can not go, as for your personal carry weapon, do not NEVER take it from its holster, unless of course you tend to use it, and it must be kept in a safe place at night, fingerprint lock box is good, these people certainly did not intend for there kids to get shot, now two familys lives are changed forever cause of some absentmindedness, when my daughter, and grand daughter were growing up and staying with us they knew about the guns but could never get to them, now that my grandaughter is older and they do not live with us anymore a weapon is no more than a arms reach from anywhere in the house, guns are like anything else that can hurt people, you can NEVER EVER let your gaurd down................

 

[BC1]

Guys I am the last one in the world to say anything about a individuals right the keep guns, and I do not care that the children were "around guns since they were born" BUT guns and small children mixing is worse than guns and alcohol, if you have small kids in the house keep the guns 100% of the time in a completely seperate location,locked up in a safe were the children can not go, as for your personal carry weapon, do not NEVER take it from its holster, unless of course you tend to use it, and it must be kept in a safe place at night, fingerprint lock box is good.

Amen brother. My gun is always locked up, even at night. And we have no kids in the house. Between dogs, alarms and secure doors/windows there's more than enough time to access the gunvault should a break-in occur.

 

[Doc Mustang]

I mentioned on another thread that I have a presentation that I give to other physicians on the topic of firearm safety in the home. One major theme is the level of threat vs the need for safety from neglegent or accidental misuse of firearms in the home.

One point that always raises eyebrows is when I discuss the topic of Concealed Carry inside the home. Many have difficulty comprehending the need to have a loaded firearm in the home. Some simply cannot comprehend that level of imminant threat. I do point out that a safely holstered weapon on your hip is DEFINATELY never in the hands of your kids. If a gun is out of sight it needs to be locked up in some fashion

I also discuss various types of rapid access lock boxes and their use. I discuss the risks vs benefits from storing a firearm loaded and chambered, loaded but not chambered, completely unloaded with colocation of ammo or separate storage of ammo and firearm.

Most neglegent discharges occur through improper handling of a firearm during loading or unloading. My audience usually has a hard time understanding that minimizing the handling and manipulation of a firearm may actually be more beneficial than storage methods which require frequent loading, unloading and chambering of rounds.

I also stress the importance of proper gun handling. If Col. Coopers four rules are ALWAYS followed. In particular the often broken rule about fingers on triggers then many gun accidents could be ENTIRELY AVOIDED.

Preventing access by those not trained in their use is a primary responsibility of gun ownership. That means lock them up securely. Safely store your ammunition separately in most cases and learn and exemplify safe firearms handling techniques.

If you have children teach them safe firearms handling through a course designed to promote children's safety.

 

[nogods]

I mentioned on another thread that I have a presentation that I give to other physicians on the topic of firearm safety in the home. One major theme is the level of threat vs the need for safety from neglegent or accidental misuse of firearms in the home.

One point that always raises eyebrows is when I discuss the topic of Concealed Carry inside the home. Many have difficulty comprehending the need to have a loaded firearm in the home. Some simply cannot comprehend that level of imminant threat. I do point out that a safely holstered weapon on your hip is DEFINATELY never in the hands of your kids. If a gun is out of sight it needs to be locked up in some fashion

I also discuss various types of rapid access lock boxes and their use. I discuss the risks vs benefits from storing a firearm loaded and chambered, loaded but not chambered, completely unloaded with colocation of ammo or separate storage of ammo and firearm.

Most neglegent discharges occur through improper handling of a firearm during loading or unloading. My audience usually has a hard time understanding that minimizing the handling and manipulation of a firearm may actually be more beneficial than storage methods which require frequent loading, unloading and chambering of rounds.

I also stress the importance of proper gun handling. If Col. Coopers four rules are ALWAYS followed. In particular the often broken rule about fingers on triggers then many gun accidents could be ENTIRELY AVOIDED.

Preventing access by those not trained in their use is a primary responsibility of gun ownership. That means lock them up securely. Safely store your ammunition separately in most cases and learn and exemplify safe firearms handling techniques.

If you have children teach them safe firearms handling through a course designed to promote children's safety.

All of which is reasonable.

But many people stash lock and load firearms around the house as a substitute for an alarm system.

 

[Doc Mustang]

All of which is reasonable.

But many people stash lock and load firearms around the house as a substitute for an alarm system.

Ok there are a number of problems with this. One thing I also teach is threat level assessment. The danger of keeping unsecured loaded firearms cached in the home is often more significant than your actual threat of criminal attack. So unless you are a retired international assassin who just received a call from Bill that Uma is on her way to your house with a katana, That gun you have stashed in the Kids cereal box is just not a good security plan.

Secondly, unless you tie them to stings of tin cans and old silverware or possess extremely unusual firearms, the guns you have stashed around the house can NEVER substitute for an alarm. As the name suggests the entire point of an alarm system is to alert you that you may be in danger. Guns stashed around the house cannot perform that function.

Worse still stashed guns could be a resource to any intruder.

 

[wjh2657]

"A six year old kid is only in danger with a Glock or Firearms safety training will keep a six year old kid from being shot" are both BS.

The first thing a small child does is "click and push" everything on the object. The safety will be swiped, trust me. Anything you teach a child this young will be forgotten for the most part within a week. I speak as a father and a grandfather.

The only "safe" gun around a small child is one in your holster or the ones that are unloaded and locked up.

I clean my guns in the garage and children are not allowed in during cleaning. When grandchildren visit, the duty HD shotgun is in gun safe and only gun out is on me, holstered.

Leaving loaded weapons out around small children because you think they are "smarter than other kids" or "have been taught better" may assuage your ego but you are setting yourself up for a terrible tragedy. Do not allow small children access to loaded weapons and you may actually end up with grandchildren.

 

[ArmyRanger]

This case is really sad, no one should have to die because of someone else's negligence. When cleaning or handling my firearms I take the ammo out of the room, and when my kids were too young to know better they were kept in the safe if loaded and all ammo was under lock and key. As far as safties go, I prefer to have something more than Glock's trigger safety, I like Springfield XD's grip safety, but I don't trust any manual safety fully.