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The officer panicked. You can see the muzzle in the air.

That will be a payday if it goes in front of a jury.

Maloy
 

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Everybody loves to hate lawyers (and airlines) until you need one.
It's a love hate relationship, people love their lawyer and hate the other guys lawyer.
I don't love or hate lawyers, I just think that reasonable limits should be placed on what kind of things people can sue for. If you're committing a crime, for example, you shouldn't be allowed to sue your victim if you have a negative outcome from that crime. You shouldn't be able to sue a business of any kind, much less a gun dealer or manufacturer, if someone misuses a legitimate product and commits a crime.
 

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It's a love hate relationship, people love their lawyer and hate the other guys lawyer.
I don't love or hate lawyers, I just think that reasonable limits should be placed on what kind of things people can sue for. If you're committing a crime, for example, you shouldn't be allowed to sue your victim if you have a negative outcome from that crime. You shouldn't be able to sue a business of any kind, much less a gun dealer or manufacturer, if someone misuses a legitimate product and commits a crime.
Unfortunately, when Truth and morality are discarded, the only thing we have left is the written law. When there is a pile of money, someone will find a way to try to twist that written law in to an advantage.
 

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Having dealt with lawyers in the past, it is easy to overpay a bad lawyer. And a good lawyer is priceless.

 

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Having dealt with lawyers in the past, it is easy to overpay a bad lawyer. And a good lawyer is priceless.

...and a good lawyer will be personable. If you want to lose, pick some arrogant, snooty type to represent you 'coz once they piss-off the judge (and they certainly will), you can't be more screwed. Judges hold grudges.
 

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Back in my cop days, I was working one New Year's Eve and got a call to go to one of our mobile home parks right after midnight. Turns out the occupant of one of the mobile homes was sitting alone at his kitchen table having a celebratory drink when a spent bullet came through his ceiling and hit the kitchen table a foot or so from where he was sitting. Since it was a mobile home with their thin ceilings and metal roof, it was easy to see right out through the hole where the spent round came through.

I don't know if the bullet would have killed him had it struck him in the head but it put a dent into his wooden table top. If it had hit him, he definitely would have felt it, though. Bullet had bounced off the table top and landed on the floor near his kitchen sink. Looked like it was a .45 acp round nose although the nose had been flattened a bit from the impact. There were so many people shooting guns into the air in neighborhoods all around that area that discovered who fire this particular one was next to impossible to do.

That was my only personal experience where someone firing a round into the air actually caused some damage when it came back down, but I am more surprised that it did not happen more often. Firing a gun up into the air is definitely not the brightest thing to do but it sure happens a lot.

My other takeaway from this incident is that mobile homes (at least from the 1960's and 70's) were not built very well. If it had hit a regularly build frame house, I doubt that it would have done more than damage a shingle at the point of impact but probably would not have gone through the plywood sheathing underneath.
 

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Back in my cop days, I was working one New Year's Eve and got a call to go to one of our mobile home parks right after midnight. Turns out the occupant of one of the mobile homes was sitting alone at his kitchen table having a celebratory drink when a spent bullet came through his ceiling and hit the kitchen table a foot or so from where he was sitting. Since it was a mobile home with their thin ceilings and metal roof, it was easy to see right out through the hole where the spent round came through.

I don't know if the bullet would have killed him had it struck him in the head but it put a dent into his wooden table top. If it had hit him, he definitely would have felt it, though. Bullet had bounced off the table top and landed on the floor near his kitchen sink. Looked like it was a .45 acp round nose although the nose had been flattened a bit from the impact. There were so many people shooting guns into the air in neighborhoods all around that area that discovered who fire this particular one was next to impossible to do.

That was my only personal experience where someone firing a round into the air actually caused some damage when it came back down, but I am more surprised that it did not happen more often. Firing a gun up into the air is definitely not the brightest thing to do but it sure happens a lot.

My other takeaway from this incident is that mobile homes (at least from the 1960's and 70's) were not built very well. If it had hit a regularly build frame house, I doubt that it would have done more than damage a shingle at the point of impact but probably would not have gone through the plywood sheathing underneath.
GREAT story. I've heard many warnings from officials to not fire in the air because those rounds come back somewhere, but this is the first time I've heard a real story about one coming down. I've always thought it was a bunch of hype, because the odds of anyone being injured are probably a statistical zero. However, there are all kinds of bad things that can happen when drunks are firing guns on New Year's Eve.
 

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GREAT story. I've heard many warnings from officials to not fire in the air because those rounds come back somewhere, but this is the first time I've heard a real story about one coming down. I've always thought it was a bunch of hype, because the odds of anyone being injured are probably a statistical zero. However, there are all kinds of bad things that can happen when drunks are firing guns on New Year's Eve.

there was a young child killed by being hit in the head from a projectile coming through the roof of the church where he and his Mother were sitting in a Pew several years back here in Georgia.
I can't remember which holiday it was but it was from a weapon fired in the air in celebration.
 

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...and a good lawyer will be personable. If you want to lose, pick some arrogant, snooty type to represent you 'coz once they piss-off the judge (and they certainly will), you can't be more screwed. Judges hold grudges.
Good lawyers will also say things like, “we could do that, but it won’t be in your best interest“ or “we could try that but it won’t be fair and the judge will see that, once they start saying ‘no’ it will be hard to get them agreeable again”.
 

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Unfortunately, when Truth and morality are discarded, the only thing we have left is the written law. When there is a pile of money, someone will find a way to try to twist that written law in to an advantage.
I absolutely agree with this, which is why I perfectly understand when some lawyers take the kind of cases from criminals that I mentioned in my post. They do it because they technically can, and there's a $$$$ reward for them to do it. I'm just supportive of laws being written (like in my state and in Texas for example) where these kind of lawsuits are not allowed to occur in the first place. One of the things on the legislative wish list for some in Congress and the Senate is repeal of the federal law PLCAA, but fortunately so far it's looking like they're not going to be successful anytime soon.

I had an anti gunner tell me once that the PLCAA should be repealed because the gun industry shouldn't have special protection against lawsuits, and I agreed. I said the PLCAA standards against scam and politically motivated lawsuits should apply to all businesses. Judging by the look I don't think that was the response this person was looking for. :rolleyes:
 

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I absolutely agree with this, which is why I perfectly understand when some lawyers take the kind of cases from criminals that I mentioned in my post. They do it because they technically can, and there's a $$$$ reward for them to do it. I'm just supportive of laws being written (like in my state and in Texas for example) where these kind of lawsuits are not allowed to occur in the first place. One of the things on the legislative wish list for some in Congress and the Senate is repeal of the federal law PLCAA, but fortunately so far it's looking like they're not going to be successful anytime soon.

I had an anti gunner tell me once that the PLCAA should be repealed because the gun industry shouldn't have special protection against lawsuits, and I agreed. I said the PLCAA standards against scam and politically motivated lawsuits should apply to all businesses. Judging by the look I don't think that was the response this person was looking for. :rolleyes:
We, too, here in KS have laws that remove a right of civil action in certain self defense shootings. The whole criminal/civil thing is a two-edged sword. Sometimes it seems like if there is a criminal acquittal, the civil action should be barred. However, with the gross incompetence of some prosecutors, a family shouldn't suffer not getting justice if the government blows it.

Just think O.J. Many people think the government blew the prosecution, and if the civil case was barred because of it, the family would never have had their day in court. I disagree with the civil verdict (I really don't think he did it--but I think he knew about it and was there either during or right after) but imagine if they didn't get their bite at the apple.
 

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there was a young child killed by being hit in the head from a projectile coming through the roof of the church where he and his Mother were sitting in a Pew several years back here in Georgia.
I can't remember which holiday it was but it was from a weapon fired in the air in celebration.
boy stuck by falling bullet --
 
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We, too, here in KS have laws that remove a right of civil action in certain self defense shootings. The whole criminal/civil thing is a two-edged sword. Sometimes it seems like if there is a criminal acquittal, the civil action should be barred. However, with the gross incompetence of some prosecutors, a family shouldn't suffer not getting justice if the government blows it.

Just think O.J. Many people think the government blew the prosecution, and if the civil case was barred because of it, the family would never have had their day in court. I disagree with the civil verdict (I really don't think he did it--but I think he knew about it and was there either during or right after) but imagine if they didn't get their bite at the apple.

I don't know if California has a civil prohibition for justified self-defense, but it would not have been an issue in the Simpson case as the O.J. Simpson case had nothing to do with self-defense.

Texas has such a statute, and it reads:

Texas Civil Practice and Remedies Code

Use of Force or Dealy Force--Section 83.001

USE OF FORCE OR DEADLY FORCE--Civil Immunity

"A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable."
 

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I don't know if California has a civil prohibition for justified self-defense, but it would not have been an issue in the Simpson case as the O.J. Simpson case had nothing to do with self-defense.

Texas has such a statute, and it reads:

Texas Civil Practice and Remedies Code

Use of Force or Dealy Force--Section 83.001

USE OF FORCE OR DEADLY FORCE--Civil Immunity

"A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable."
No, I'm pretty sure CA does not have a civil prohibition.

I was using O.J. as an example of a case where there were both criminal and civil trials, and they had differing outcomes, not anything to do with self defense.
 

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Not a technical verdict, but sounds to me the guy died of terminal stupidity. Small loss to society.
You may be correct about the guy being stupid.

Yet, he was a father that worked and supported a family. They will now have to live without his income not to mention those kids not having a dad. It has been shown that boys that are not raised by a dad are more likely to get in to trouble than boys that come from a stable home.

Seems a high price to pay for a stupid celebration.
 
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