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MD: Warning Shot Cited as Evidence of Restraint in Self Defense Shooting
Gun Watch ^ | 15 November, 2014 | Dean Weingarten

Posted on 11/16/2014 2:09:45 PM PST by marktwain

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To: Yo-Yo

This “negligent discharge” is so conditional and situational that it would never legally fly outside of states or D.C. where guns are still effectively outlawed. While acting in the prevention of a felony, it would be an unconscionable “parsing” of an event.

According to Criminal Defense Lawyer.com, “You cannot commit an unlawful discharge of a weapon if you fire it accidentally. A prosecutor must show you intentionally fired the weapon, but does not have to show you did so maliciously or with the intention to hurt someone or damage property. Prosecutors typically show your intent from the circumstances surrounding the situation, witnesses testimony, or even your own statements.”


21 posted on 11/17/2014 6:38:16 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: yefragetuwrabrumuy

Unlawful discharge is not the same as negligent discharge.


22 posted on 11/17/2014 7:28:10 AM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Yo-Yo

Legally, “Intentional, Negligent, or Careless Discharge” are classed under the previous citation.

http://www.criminaldefenselawyer.com/crime-penalties/federal/Unlawful-discharge-weapon.htm


23 posted on 11/17/2014 9:55:59 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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