'Accidents are not generally punished as crimes' - no charge in gun death of child

nogods

Active member
District Attorney Ben David will not charge anyone for a violation of the law concerning the storage of firearms to protect minors in the shooting death of 8-year-old Ethan Bartley in Bladen County.


David noted that North Carolina General Statute 14-315.1, which says anyone who leaves a gun out and lives with a minor can be charged, does not apply to the facts of this case because the gun was stored unloaded and the adults were not aware of any prior attempts by the children to get the gun without permission.

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The stated reasoning of the DA is nonsensical. The reason for such a law is because as adults we know children will find an unsecured weapon. Any adult that doesn't know that already probably shouldn't own a weapon in the first place. In essence, the DA has set a first kill rule.

The same could be argued for a person responsible for a death because of DWI - if he had driven hundreds or thousands of times before while under the influence without any negative consequences.
 
Unsecure Weapon

If I walk away from my weapon It is either disabled or in a quick access safe. I get tired of people saying that it's not ok to put your handgun in a safe. If there is anyone else in the house then it would be irresponsible to always have a loaded handgun available unless you have control of it (ie: carrying). I have mine out at night when a robbery is likely but I never leave it unsecured and walk away from it.
 

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