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Gun's holster is blamed for officer wounding himself
Chesterfield Observer ^ | May 24, 2006 | Greg Pearson

Posted on 06/06/2006 10:20:48 AM PDT by real saxophonist

May 24, 2006 

Gun's holster is blamed for officer wounding himself

Richmond officer sues two Chesterfield gun shops seeking $1.2 million over accident

By Greg Pearson STAFF WRITER

A sergeant in the Richmond Sheriff's office is suing two Chesterfield gun shops for an accidental shooting two years ago when he shot himself in the hand. He alleges the holster is to blame.

According to the court filing, on May 9, 2004, while Sergeant Naitraj David was getting ready for a family trip to Kings Dominion, the gun discharged, hitting him in the left hand, "causing serious injury." He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."

According to the court filings, the gun shops were to "use reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."

From the gunshot wound, David "suffered physical pain, discomfort, mental anguish substantial expenses for doctors [and] lost earnings from employment" and is not able to perform his job as before.

The suit was filed against Town Police Supply on Courthouse Road in Chesterfield County while the suit against Southern Gun World on Midlothian Turnpike was filed in Richmond.

According to David's Charlottesville attorney, Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, David was unsure of where he bought the pancake-style holster, thus requiring two lawsuits.

"There is a slight chance the holster was purchased at Town Police, but I think the suit with Southern Gun will be the one that goes forward," said Slaughter. "Sergeant David is 95 percent sure he bought it at Southern Gun. It's ongoing litigation so I don't want to comment further."

When contacted, David said, "It's in my attorney's hands, so I have to follow his instructions."

"Our records indicate he didn't buy that holster from us," responded Karen Allen, owner of Southern Gun. She said David was also suing the manufacturer. "He'd better have a lot of money because G&G [Gould & Goodrich Leather, the manufacturer in Lillington, N.C.] has never lost a lawsuit."

Both suits against the retailers are similar and seek $1.2 million in damages with interest from two years ago plus legal costs. David, who is licensed to carry a weapon off duty and resides on Kentwood Forest Drive in Chester, wants a jury trial.

The owner of Town Police did not return a call from the newspaper.


TOPICS: Crime/Corruption; Extended News; US: Virginia
KEYWORDS: banglist; donutwatch
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To: real saxophonist

can I put my bullet in Andy?

21 posted on 06/06/2006 10:40:57 AM PDT by Vaquero ("An armed society is a polite society" Robert A. Heinlein)
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To: absolootezer0
that its a very bad idea to carry a DA pistol with a round chambered?

Why? Should I only carry 5 rounds in my wheel gun? Should I carry empty pipe, and when needed take the extra time to chamber a round?

Any handgun, or long gun for that matter, has the potential to ND. Shouldn't the user at sometime in their lives have the responsibility to actually know WTF they are doing?

Jumping on Glocks makes me think you are either uninformed or just don't like the ugly little black pistols. Saying that 'to carry any DA with one in the chamber is a very bad idea' is ridiculous.

22 posted on 06/06/2006 10:41:19 AM PDT by 11Bush
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To: mbynack

... and there's no fixin' stupid!


23 posted on 06/06/2006 10:42:09 AM PDT by gc4nra ( this tag line protected by Kimber and the First Amendment (I voted for McClintock))
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To: real saxophonist

"He alleges a "5 1/2 inch strap became wedged between the trigger and the trigger guard and subsequently caused the firearm to fire."

I carry a concealed firearm (Kahr K9) and it's hard to see how a 5 1/2 inch strap could have wedged itself inside the trigger guard. I've never heard of such a problem and other than mishandling the weapon I can't see how it would even be accidentally possible. I suppose there is a remote chance, but the stupidity factor is very large here.


24 posted on 06/06/2006 10:42:13 AM PDT by navyguy
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To: absolootezer0
have these cops *still* not learned that its a very bad idea to carry a DA pistol with a round chambered?

Gee whiz, give a guy a break, willya? I've been doing it for ten years and still haven't learned ;)

25 posted on 06/06/2006 10:42:50 AM PDT by papertyger (Evil preys on civility.)
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To: Hazwaste
IMO, it comes down to a matter of competency

like i said *COPS* haven't learned. i've carried my sig with one in the pipe, and i've carried my 1911 cocked and locked. when i hunt, i've got one in the chamber in my long gun, or 6 in the wheel gun. every cop i have met- especially the pricks that do the "safety inspections" at three different local PDs that have no clue what safe handling is. the cops typically will play with, and look at the weapon with their finger on the trigger, and even dry fire it- without the idiot checking the chamber!
i understand gun safety, most cops don't.
26 posted on 06/06/2006 10:44:33 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: killjoy
DA or not, there is no reason his hand was in front of the muzzle. That is just natural selection in action.

We have a winner.

27 posted on 06/06/2006 10:45:38 AM PDT by real saxophonist (The fact that you play tuba doesn't make you any less lethal. -USMC bandsman in Iraq)
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To: real saxophonist
According to the court filings, the gun shops were to "use reasonable care in assembling, marketing, selling, shipping and/or distributing the holster and had a duty to provide adequate instructions, training, and warnings to those in the chain of distribution."

"Adequate" instructions in this case would have had to include "excuse me sir, but are you a dumbass? Because we can't sell you this holster if you're a dumbass..."

28 posted on 06/06/2006 10:46:01 AM PDT by Billthedrill
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To: papertyger; 11Bush; killjoy

see my post 26. i have no problem with competent people carrying with a round chambered. i just don't think cops should.


29 posted on 06/06/2006 10:47:42 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: gc4nra
"there's no fixin' stupid!"

And that's what I'm figuring is the problem here, not the holster. In just the last couple of years here we've had cops with NDs as a direct result of unholstering with their finger on the trigger, something you can often get away with using wheelguns, less so with autos.

Of course, it's much easier (not to mention potentially profitable) to blame the equipment.

Click the Gadsden flag for pro-gun resources!

30 posted on 06/06/2006 10:47:55 AM PDT by Joe Brower (The Constitution defines Conservatism. *NRA*)
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To: Dumpster Baby
A guy would "dress up" his revolver by putting one of those gawd awful ugly trigger shoes on because a gun magazine writer said it would solve all his shooting problems. The trigger shoes were wider than the trigger guard on most revolvers, so the trigger was no longer shielded or guarded on the sides. The trigger shoes would sometimes hang up on the lip of certain kinds of holsters and blow a hole in the guy's leg.

There were also some that would thin the front of the trigger guard, an equally bad idea.

Any bets on whether there are some individuals out there that have done both?

31 posted on 06/06/2006 10:48:59 AM PDT by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: absolootezer0
i don't see it in the article, but let me make a guess. cop had a glock right? have these cops *still* not learned that its a very bad idea to carry a DA pistol with a round chambered?

If he was carrying a 1911 45 ACP he would not have shot himself despite his stupdity. The 1911 is perfection in steel.

32 posted on 06/06/2006 10:49:30 AM PDT by cpdiii (Socialism is popular with the ruling class. It gives legitimacy to tyranny and despotism.)
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To: gc4nra
My son accidentally shot himself in the foot about 3 years ago. He was only 17 at the time, so "stupid" comes with the territory. The second thing he said after he did it was "Mom's going to kill me." I didn't, I figured the wound (not nearly as bad as it could've been, another inch and he'd be missing a toe)plus the embarassment was enough punishment.

He did not, however, blame anyone or anything but himself for his foolishness. If he'd even thought about suing someone,I would have kicked his behind for sure.

He's now probably about the safest person I know when it comes to handling guns.

33 posted on 06/06/2006 10:52:05 AM PDT by susannah59
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To: 11Bush

incidently, i have no problem with glocks. but they are the most common police carry gun. and there are tons of stories of cops and glocks and the most common cause of ND with them is due to improper holstering with a round chambered.


34 posted on 06/06/2006 10:52:58 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: absolootezer0
i have no problem with competent people carrying with a round chambered. i just don't think cops should.

Bwahahahaha!

35 posted on 06/06/2006 10:56:36 AM PDT by papertyger (Evil preys on civility.)
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To: 11Bush

Knowing WTF you're doing is not considered Politically Correct.

If you know WTF you're doing, you have actually earned a measure of self-esteem and therefore cannot be granted it by a liberal.


36 posted on 06/06/2006 10:57:06 AM PDT by gc4nra ( this tag line protected by Kimber and the First Amendment (I voted for McClintock))
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To: cpdiii
If he was carrying a 1911 45 ACP he would not have shot himself despite his stupdity. The 1911 is perfection in steel.

i take it you haven't heard about the idiotic things cops due to their 1911s either? grip safeties removed or rubber banded down? or also very common, the guys that don't have the holster/ unhoster action properly drilled into memory, and just plain forget to safety.
give a gun to a cop, they'll figure out a way to shoot themself.
37 posted on 06/06/2006 10:58:27 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: real saxophonist

Reholstering is not something that needs to be accomplished with speed, but deliberation.


38 posted on 06/06/2006 11:00:41 AM PDT by Tijeras_Slim
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To: atomicpossum

something is wrong with the idea he is going to sue two stores, knowing one of the stores was uninvolved. Am I correct in thinking that if it is ever determined which store he bought it from the other store is going to have a clear cause of action against him and his attorney for their legal fees and time?


39 posted on 06/06/2006 11:01:34 AM PDT by WoofDog123
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To: absolootezer0
see my post 26. i have no problem with competent people carrying with a round chambered. i just don't think cops should.

ROTFLMAO! Cue up the video of the DEA moron shooting himself in front of the school kids... ""I am the only one in this room professional enough to handle..."

40 posted on 06/06/2006 11:03:53 AM PDT by killjoy (Same Shirt, Different Day)
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