Gun "Use" definition -- question

[john_bud]

Hi,

I was reading about a police Sargent in Milwaukee that had a ND in a shopping mall with his concealed duty gun (M&P 40).

"A Milwaukee police sergeant whose gun went off inside Southridge Mall in Greendale on Nov. 2 was charged Thursday with endangering safety by use of a dangerous weapon, a misdemeanor.

According to a criminal complaint released Thursday, Edwards was in line at Auntie Anne's pretzel shop when he reached into his back pocket for his wallet. As he did, his gun slid out of his waistband and down his pants. As he reached for the weapon, it went off, blowing a hole through his pants. The gun was not in a holster and did not have a safety, the complaint says."


From the article

http://www.jsonline.com/news/milwaukee/police-sergeant-charged-after-gun-goes-off-at-southridge-i83ca0c-135265738.html


I understand that he was negligent for just sticking a loaded gun in his waistband, but when it slipped down his trousers and he grabbed for it -- was he "using" the gun at the time? Could he claim that he was protecting the public by trying to catch the falling gun and was not "using" it ?

By the way, his department does not have a policy about officers offduty needing to use a holster. Guess they thought it was obvious.

 

[Auckland]

I guess its up there with shooting an intruder and being charged with "discharging a firearm within 100 yards of a dwelling". Prosecutors throw shit at the wall and sees what sticks.

 

[Jester1341]

seems like a silly question, i agree we obviouslly wasnt using it, but at the same time i'm sure it warrants some sort of infraction for his neglagent 'handling'

i hope some sort of safety class is required!

not to rant too much but this is one of the things that gets me. no way he'll get in the kind of trouble a citizen would. same at cops talking on thier phone while driving, or speed exessively, or any number of other tihings that are fine for an officer or official to do or atleast get away with.......*breathe* okay i'm done

john

 

[G O B]

You are responsible for EVERY round that you discharge. PERIOD. Discharging a gun in a crowded public place is criminal.

 

[hvymax]

He should be treated the same as any other "lawfull" carrier. He was negligent at best. I hope new nickname is Plexico.

 

[Threeband]

...

Could he claim that he was protecting the public by trying to catch the falling gun and was not "using" it ?

...

There is no excuse for this.

There is no excuse for a supposedly trained officer to carry Mexican, without a holster.

"Trying to catch the falling gun" is the wrong thing to do. A modern pistol like the M&P is designed to be drop safe. It can be dropped repeatedly without "going off".

--

 

[john_bud]

I agree -- the officer was not rowing with both oars that day. Certainly negligence in several areas. Also agree that the DA is trying to make a point that ND's are "bad". But was struck by the word "use" and was wondering how that fit in with the legal system. I understand that words have precise meanings legally -- and I don't know this meaning !

If the tin foil hat slips, I wonder if the DA chose this charge to send a message AND allow the officer to easily get off?

 

[steves1911]

I would have never thought that an officer of the law would carry a gun without a holster. He obviously didnt pay attention while going through the academy and shouldnt be allowed to carry a gun ever again.

 

[marko12]

There is no excuse for this.

There is no excuse for a supposedly trained officer to carry Mexican, without a holster.

"Trying to catch the falling gun" is the wrong thing to do. A modern pistol like the M&P is designed to be drop safe. It can be dropped repeatedly without "going off".

--

I think that this is a natural reaction trying to prevent an "Embarrassing Moment". Most would react the same way although knowing it is the wrong decision, after the fact unfortunately.

 

[Threeband]

I think that this is a natural reaction trying to prevent an "Embarrassing Moment". Most would react the same way although knowing it is the wrong decision, after the fact unfortunately.

Yup. That's the natural reaction.

It's also the wrong reaction. If it falls, it's safest to let it drop (assuming a modern gun, and not a pre-recall Ruger).