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Uncle accidentally shoots 2-year-old niece in the face while trying out new Christmas gift

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Post by Guest Mon Dec 28, 2015 12:27 am

First topic message reminder :

A 2-year-old girl in Oregon was rushed to the hospital after being shot in the face on Christmas morning by her uncle.
The Clackamas County Sheriff’s Office said officers received a 911 call just after 11:00 a.m. on Friday informing them that a child had been shot in the face with a handgun. The shooting occurred at a home near Molalla.

The uncle who shot her, 24-year-old Luke Andrew Bowman, reportedly was cleaning a .45 caliber handgun when it went off, striking the girl in the cheek.

A sheriff’s deputy told KGW the uncle had been given a gun cleaning kit for Christmas.

The girl was flown to a Portland area hospital to undergoing surgery. She is expected to survive.
The Clackamas County Sheriff’s Office said no criminal charges had been filed.

Video on link


http://www.rawstory.com/2015/12/uncle-accidentally-shoots-2-year-old-niece-in-the-face-while-trying-out-new-christmas-gift/


UUUUUUUUUUUUUUUUUUUUUUUGGGGGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Makes me so bloody angry!!!!!!!!!!!!!!!!!!!!!!!!

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Post by Victorismyhero Mon Dec 28, 2015 9:45 pm

and if you actually killed someone due to negligence (like excessive speed, reckless overtaking drink driving etc) you would be facing 20 years to life
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Post by eddie Mon Dec 28, 2015 9:46 pm

Lord Foul wrote:
eddie wrote:
Ben_Reilly wrote:

Because I grew up in a high-crime neighborhood and it makes me feel safer to have one. I have no idea whether I could kill someone with it, though I doubt it would have to come to that (warning shot?). I freely admit that it's mainly something to make me feel like I could protect myself if I had to. I'd happily submit to any and all regulations on it, if only we could have some ...

Fair enough. It's hard for us to imagine, as over here it's kind of rare, for someone "ordinary" (non gang member, non-hunter etc) to have a gun.


non gun owners are not "ordinary" they are aberrant.

and I object to being considered in the same category as a "gang member"  
the worst kind of association fallacy.....

like lumping veggies with pro life bombers


grrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

I mentioned hunters too grumpy bollocks
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Post by Victorismyhero Mon Dec 28, 2015 9:50 pm

eddie wrote:
Lord Foul wrote:

non gun owners are not "ordinary" they are aberrant.

and I object to being considered in the same category as a "gang member"  
the worst kind of association fallacy.....

like lumping veggies with pro life bombers


grrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

I mentioned hunters too grumpy bollocks


pffft...you included me in the "gun nut" category by default by claiming that ALONG with gang members....hunters were not "normal"

sniff... Uncle accidentally shoots 2-year-old niece in the face while trying out new Christmas gift - Page 2 3201073460
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Post by Ben Reilly Mon Dec 28, 2015 9:56 pm

Lord Foul wrote:
eddie wrote:
Lord Foul wrote:

non gun owners are not "ordinary" they are aberrant.

and I object to being considered in the same category as a "gang member"  
the worst kind of association fallacy.....

like lumping veggies with pro life bombers


grrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

I mentioned hunters too grumpy bollocks


pffft...you included me in the "gun nut" category by default by claiming that ALONG with gang members....hunters were not "normal"

sniff... Uncle accidentally shoots 2-year-old niece in the face while trying out new Christmas gift - Page 2 3201073460

You're awfully touchy for a member who routinely seasons everything he says with insults toward others, and their intelligence Razz
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Post by Victorismyhero Mon Dec 28, 2015 10:00 pm

thats cos the intelligence of those others is so far down the scale of things its positiely invisible Uncle accidentally shoots 2-year-old niece in the face while trying out new Christmas gift - Page 2 4233679493

oooh you do love giving me ammo dont you Razz

now....

can you provide ONE good sound argument why you shouldnt make the rules surrounding the posession of a vehicle licence as strict as those surrounding a gun licence (of the kind we have ...which would go a long way to solving your problems)?


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Post by Victorismyhero Mon Dec 28, 2015 10:53 pm

snigger.....
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Post by Original Quill Mon Dec 28, 2015 11:15 pm

Lord Foul wrote:snigger.....

Shocked Is that a racial slur?

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Post by Victorismyhero Mon Dec 28, 2015 11:23 pm

are you really that ignorant of the english language quill?

or is it just your turn in the stupid barrel tonite?

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Post by Eilzel Tue Dec 29, 2015 12:13 am

A gun's primary use is to kill.
A car's primary use is to get from A-B fast.

Nobody 'needs' a gun.
Some people need a car to get to work.

So to have car ownership subject to the same restrictions as gun ownership would potentially be limiting job opportunities for some and make the lives of others extremely difficult.

No one is asking for an outright ban (though I wouldn't be sad at the idea, the system we have in the UK works well enough), but you can't honestly think the ease people can get guns, as described by Ben, is a sensible situation to have.
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Post by Victorismyhero Tue Dec 29, 2015 12:27 am

Eilzel wrote:A gun's primary use is to kill.
A car's primary use is to get from A-B fast.

utterly irrelevant since the end result is the same  the above is just a deflection and ignoring the inconvenient truth


Nobody 'needs' a gun.
Some people need a car to get to work.

true however if they didnt qualify via criminality or any of the other good reasons to disbar ...why do you have a worry...?? the honest decent upright citizen with no criminal background, no domestic violence history and of sound temprement would get a licence just the same as the above would get his/her gun licence

So to have car ownership subject to the same restrictions as gun ownership would potentially be limiting job opportunities for some and make the lives of others extremely difficult.

only those who's lives deserve to be tough and limited   or do you think the serial rapist deserves a car to ply his trade ? the thief a car to carry away his ill gotten gains...
presumably you are happy that the habitual drunk or drug user is free to get his licence back after a minor inconvenience of a year ban??
that the violent thug with no self control is able to go out and terrorise the area at will?


No one is asking for an outright ban (though I wouldn't be sad at the idea, the system we have in the UK works well enough), but you can't honestly think the ease people can get guns, as described by Ben, is a sensible situation to have.

and \i never said the existing system in the states is "good"  i've said it times its crazy....


come on eil...you can do better than wriggle like a hooked worm


give me a good solid argument why the same standards should NOT be expected of car users as gun users

or is it that you too are affaid that some dark secret in your past would disbar you?



like i said so far all I have had by way of counter argument is excuses...and pleadings ...not reasons....

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Post by Eilzel Tue Dec 29, 2015 12:43 am

A criminal who has served time or someone with mental issues that may stop them getting a gun, will need to work the same as everyone else. Stopping them getting a car would be just another thing barring them from getting on in life. That's an extreme example of course.

But I feel this debate has moved from simple gun restrictions, which in the states even you agree with- now you seem to be expecting equally harsh restrictions on cars, why? Spite? Yes we talked about public safety, but even you must see the massive difference between car deaths and gun deaths. Mainly; intention or accident.
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Post by Victorismyhero Tue Dec 29, 2015 12:49 am

Eilzel wrote:A gun's primary use is to kill.
A car's primary use is to get from A-B fast.

Nobody 'needs' a gun.
Some people need a car to get to work.

So to have car ownership subject to the same restrictions as gun ownership would potentially be limiting job opportunities for some and make the lives of others extremely difficult.

No one is asking for an outright ban (though I wouldn't be sad at the idea, the system we have in the UK works well enough), but you can't honestly think the ease people can get guns, as described by Ben, is a sensible situation to have.

and of course we are back to that essentially lefty argument "need"

which I have repeatedly shown to be nothing but a blind for the dictator

no one NEEDS a garden ......so lets build more housing on them

no one NEEDS to go out to a night club...so lets close them all....and save the NHS a fortune

no one NEEDS a vehicle over 1000cc so lets restrict all private vehicles to that

no one NEEDS a vehicle capable of more than 60mph ...so lets restrict all private vehicles to that

no one NEEDS a whole host of things....


NEED is NOT the defining factor in this kind of argument.

It is largely irrelevant.....

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Post by Victorismyhero Tue Dec 29, 2015 1:02 am

Eilzel wrote:A criminal who has served time or someone with mental issues that may stop them getting a gun, will need to work the same as everyone else. Stopping them getting a car would be just another thing barring them from getting on in life. That's an extreme example of course.

so you would be happy with someone with serious mental issues driving a vehicle?? wierd

as for the criminal...he will have to suffer the indignity of catching public transport......


But I feel this debate has moved from simple gun restrictions, which in the states even you agree with- now you seem to be expecting equally harsh restrictions on cars, why? Spite?
nope not spite.....dislike of two faced hypocrisy...the fact that you and the rest of the luvvies are quite happy to see the continued slaughter on our roads...because any sensible restrictions might (may) bite your ass

let me remind you again 1000+ deaths...

Yes we talked about public safety, but even you must see the massive difference between car deaths and gun deaths.
dead is dead...imposing the restrictions as I suggest would reduce that massively

Mainly; intention or accident.
intent is irrelevant...MOST fatal accidents....especially where the victim is innocent of error..... are the result of serious negligence, if not downright law breaking. Now I really dont see THAT much difference between the guy who goes out with the deliberate intent to kill someone, and the guy that goes out with the deliberate intent to not give a fuck if he kills someone....

more importantly ...as you can imagine gun owners are by their very nature, some of the most law abiding citizens in the UK...we have to be...or we lose that licence...

now...perhaps if a driving licence was as "hard" to get and as easy to lose...it might just calm some of our feral citizens a little... I suspect the number of drunk louts would fall dramatically....after the first few dozen had lost their licence for life having been picked up pissed and puking outside the night club for the third or fouth time....


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Post by Original Quill Tue Dec 29, 2015 5:01 am

Lord Foul wrote:are you really that ignorant of the english language quill?

or is it just your turn in the stupid barrel tonite?

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Post by eddie Tue Dec 29, 2015 3:51 pm

I have suggested that perhaps it wasn't an accident.
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Post by Original Quill Tue Dec 29, 2015 4:07 pm

Stormee wrote:Should the man who fired the gun face the courts?

I say YES.

Everyone knows you NEVER have a loaded gun unless you are in the process of firing it.
You NEVER point it at anyone loaded or not.

"Everyone knows" is not evidence in an American court of law.  What evidence would you present to show that "everyone knows?"  Who would provide the foundation for receiving it into evidence?

The standard in the US is 'reasonableness'.  Under a theory of accident, the focus is: 'was reasonable care given to the actions?'  To the charge of negligent homicide, the question is...

Criminal Law wrote:Negligent homicide is a much lower intent crime and is used as a charge when one person causes the death of another through criminal negligence. The charge does not involve premeditation, but focuses on what the defendant should have known and the risks associated with what he did know.

Was it reasonable?

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Post by Victorismyhero Tue Dec 29, 2015 4:23 pm

I would suggest his actions fail the test of "reasonable"

here it would be framed as

did his actions fall below the standard required of a normally competant person in that situation

and the "question" asked
what would the "reasonable man" think...

I dont know how that would play in the U.S. You have a strange view of competancy and te expectaions of it in any given situation

here a court (and the "reasonable man) would be considered right to assume that ANY adult handling a dangerous item (like a fire arm even a tool...) SHOULD have "reasonable competancy" in its use...or else have the common sense to leave it alone

that is to say that your actions in handling something dangerous are judged BEGINNING with the premise that if you did so KNOWING it to be a dangerous item, and yet also knowing you didnt have the competancy you are half damned any way....

your negligence STARTS with playing with something you know not how to....

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Post by Original Quill Tue Dec 29, 2015 4:53 pm

I agree. The 'reasonableness' standard is flexible, and will vary from one jurisdiction to the next, and in fact from one jury to the next. British jurors are known for their permissiveness, whereas in the US the rednecks will likely side with the gun owner. Only a black defendant is sure to get convicted in the US.

Ultimately, a conviction comes down to a moral exercise. You leave it to a jury because that spreads the decision over more people. Equal justice under the law tends to get ignored, but something gets done.

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