Charge of possession of a loaded firearm under the influence

Three People Unintentionally Shot A 17-year-old girl was treated and released at the hospital after being shot in the foot by a 16-year-old boy in Watertown, South Dakota. The two were in an apartment where people were drinking alcohol, and when the group started handling a loaded pistol, the 16-year-old unintentionally shot the girl. He …

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SUNDAY, NOVEMBER 19, 2023

Hunter Injured in Winchester Model 94 Accident

In Big Flats, New York, a 41-year-old hunter was accidentally shot in the arm and had to be airlifted to the hospital for treatment. Police determined that the rifle, a scoped Winchester Model 94, lever action 30-30, belonged to a 29-year-old man who had placed it on the driver-side fender next to the open front door of the victim’s truck. Police believe the rifle fell over onto the scope, causing it to fire into the victim’s arm. It was noted that “the Winchester Model 94 doesn’t have a traditional safety feature.” Potential charges are pending as the investigation continues.

This is the safety warning that the Olin Corporation issued in 2014 in order to attempt to avoid liability for this fairly common type of accident with its rifles:

10/2/2014

WINCHESTER® Model 94 Family of Lever-Action

Rifles, Carbines, and Muskets with Half-Cock Safety

Winchester Model 94 (including commemoratives); Winchester Model 1894;Winchester Model 9422 and Model 9422M; Winchester Model 55 Sears® Model 54 and Ted Williams® Model 100; Winchester Model 64 and 64A; Winchester Centennial '66; Winchester Canadian Centennial '67

Olin Corporation, through its Winchester Division, is warning users of the above firearms that when there is a live cartridge in the chamber, dropping, jarring or bumping the firearm may cause an accidental discharge, which may result in property damage, serious personal injury or death to the user or others:

With the hammer in the full-down position, a slight impact to, or bumping the hammer can cause a discharge.With the hammer in the half-cock safety position, a hard impact to the hammer, such as from dropping the firearm, can break the safety mechanism and cause a discharge. With the hammer in any position, a hard impact, such as from dropping or jarring the firearm, can cause a discharge, even if the hammer is not impacted.

To reduce the risk of accidental discharge, follow safe firearm handling practices, including:

Always maintain control of the firearm and keep your firearm pointed in a safe direction at all times.

Never place the hammer in the full-down position when there is a live cartridge in the chamber.Never rely on the half-cock safety to prevent accidental discharge due to dropping or jarring the firearm, or hard impacts to the hammer.

When there is a live cartridge in the chamber, avoid activities that increase the risk of dropping or jarring the rifle, such as running, climbing, crossing a fence, and taking the firearm up and down from a tree stand.

This is not an ammunition or firearm recall.

Source:

Brandon Kyc, “Hunter Airlifted After Weekend Shooting Accident in Chemung County,” mytwintiers.com (November 20, 2023).

Shattered – The Gun Accident Journal

Tag: Charge of possession of a loaded firearm under the influence

SUNDAY, OCTOBER 29, 2023

FRIDAY, OCTOBER 9, 2020