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Gun owner wants charges in school shooting dropped(WA)
komonews.com ^ | 26 November, 2012 | AP

Posted on 11/27/2012 7:37:28 AM PST by marktwain

BREMERTON, Wash. -- Washington state appeals court judges had lots of questions for lawyers at a hearing about whether a gun owner should be prosecuted in a Bremerton school shooting that critically injured a 9-year-old girl.

Kitsap County prosecutors charged Douglas Bauer because he owns the pistol his girlfriend's son took to Armin Jahr Elementary. It fired through the boy's backpack, critically wounding Amina Kocer-Bowman in a classroom. Amina spent six weeks in a hospital and endured numerous surgeries for internal injuries caused by the shooting.

(Excerpt) Read more at komonews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Washington
KEYWORDS: assault; banglist; school; wa
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The Supreme Court has already ruled that you have a constitutional right to keep a loaded unlocked pistol in your home. If you can be held liable for a criminal assault because you kept a loaded unlocked pistol in your home, you no longer have the constitutional right.
1 posted on 11/27/2012 7:37:32 AM PST by marktwain
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To: marktwain
Shame that the kid got hurt. Training the girlfriend's son might have helped.

I do keep loaded, unlocked weapons in my home. I don't allow children or liberals in my home.

/johnny

2 posted on 11/27/2012 7:48:47 AM PST by JRandomFreeper (Gone Galt)
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To: marktwain
It fired through the boy's backpack,

how can that happen ?
3 posted on 11/27/2012 7:52:44 AM PST by stylin19a (obama -> Fredo smart)
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To: marktwain

From the article...

“The boy’s mother, Jamie Lee Chaffin, pleaded guilty to unlawful possession of a firearm as a felon.”

I assume he knew she was a convicted felon (though that may not be true) so that should complicate things a bit.


4 posted on 11/27/2012 8:04:12 AM PST by JoeDetweiler
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To: marktwain

people in hell want ice water. safeguarding a dangerous weapon is his responsibility. obviously he failed and some little innocent is paying the price.
if the kid took his unattended car keys, stole his car and ran over an innocent it would remain his responsibility


5 posted on 11/27/2012 8:06:57 AM PST by camle (keep an open mind and someone will fill it full of something for you)
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To: marktwain

In reading the story. The assault charge doesn’t really sound right. On the other hand providing a firearm to a convicted felon(girlfriend) sounds fairly easy to prove. Plus if he’s got any wealth at all a civil trial will bankrupt him on negligence grounds. The fact that the girlfriend has already pleaded that she was in possession of the firearm would take this guy out of the loop as to who was responsible for it’s storage.


6 posted on 11/27/2012 8:09:18 AM PST by Kadric
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To: marktwain

Men could avoid lots of problems by not living with women who are felons and have school-aged children.


7 posted on 11/27/2012 8:09:43 AM PST by SeaHawkFan
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To: marktwain

Men could avoid lots of problems by not living with women who are felons and have school-aged children.


8 posted on 11/27/2012 8:10:00 AM PST by SeaHawkFan
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To: camle

Correct. If you are not in charge of your weapon, someone else is, or will be. I know where my stuff is every moment of every day.


9 posted on 11/27/2012 8:11:47 AM PST by enraged
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To: marktwain

What part of “the gun was stolen” do these people not understand?


10 posted on 11/27/2012 8:12:08 AM PST by djf (Conservative values help the poor. Liberal values help them STAY poor!!!)
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To: SeaHawkFan

Real men don’t shack up with felons, or baby-mommas.

Then again, real women don’t commit felonies, and don’t move their kiddies into a home where there isn’t a husband or older, wiser blood relative to supervise.

Plenty of blame to pass around. Horrible that a young innocent child & her family are paying the price.


11 posted on 11/27/2012 8:15:01 AM PST by LadyBuck (Some day very soon, Life's little Twinkie gauge is gonna go...empty.)
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To: stylin19a

“It fired through the boy’s backpack,

how can that happen ?”

The backpack material was thin.

On a more serious note, the gun was probably in the backpack without a holster, thereby leaving the trigger uncovered. If something else in the backpack got caught up in the trigger guard, against the trigger, there could be enough pressure against the trigger to cause the weapon to fire if: There was a round in the chamber, the weapon was cocked, any safeties were “off” or compromised.


12 posted on 11/27/2012 8:15:13 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: marktwain
From the article,
The boy's mother, Jamie Lee Chaffin, pleaded guilty to unlawful possession of a firearm as a felon.
In exchange for her guilty pleas, the court dropped an assault charge against her and she will likely testify against Bauer if his case goes to trial.

Your point is taken, but there is always a matter of liability. I have a right to a car and alcohol, but if my 13 year old takes either one to scool, I'm going to have to answer some questions concerning my responsibility for my child. Even when your child takes your car against your wishes, you are liable, as controlling the child is your responsibility.

This being a girlfriend's child, the key question will be if the man was "playing the part" of guardian in any way or just an accessable target.

Since this is not a case of a stranger taking the gun, the issue of liability is explorable. There aren't enough details in the article to speculate further than that.

13 posted on 11/27/2012 8:21:25 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: camle; All
if the kid took his unattended car keys, stole his car and ran over an innocent it would remain his responsibility

I disagree. It is not your responsibility to keep other people from using your property illegally and immorally.

14 posted on 11/27/2012 8:22:47 AM PST by marktwain
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To: djf
What part of “the gun was stolen” do these people not understand?

If your minor child steals your car, you are still liable for the accident.

This kid was not a stranger off the street, nor a natural child. When you take in people to play family, you start sharing liability.

15 posted on 11/27/2012 8:25:11 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: marktwain
I disagree. It is not your responsibility to keep other people from using your property illegally and immorally.

It is when you've either encouraged it or they are a minor in your care. There is no reason to presume the former, but the latter is an unanswered question. All the shacking up in this country makes this a case by case determination.

16 posted on 11/27/2012 8:28:52 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: SampleMan

Was the gun stolen or not? Simple question. Simple answer. Yes or No.

If your answer is Yes, then you are admitting that the owner of the gun LACKED THE REQUISITE INTENT.

Was what the gun owner did stupid?
Maybe.

But we don’t put people in jail for being stupid.


17 posted on 11/27/2012 8:34:08 AM PST by djf (Conservative values help the poor. Liberal values help them STAY poor!!!)
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To: marktwain

Well, it is your responsibility if the person using your property is a minor under your supervision. Since he’s probably not the legal guardian of the kid, I don’t know if that applies in this case.


18 posted on 11/27/2012 8:52:45 AM PST by Boogieman
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To: enraged

Does that mean you know how many guns you have:?


19 posted on 11/27/2012 9:12:24 AM PST by Cold Heart
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To: marktwain

it is your responsibility to keep your firearms away from children. period. it was his negligence that allowed the kid to get a hold of the gun in the first place.


20 posted on 11/27/2012 9:17:13 AM PST by camle (keep an open mind and someone will fill it full of something for you)
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