Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Judi Lynn

(160,542 posts)
Mon Oct 27, 2014, 05:54 PM Oct 2014

Man didn't think gun was loaded when he shot boy

Source: Associated Press

Man didn't think gun was loaded when he shot boy
| October 27, 2014 | Updated: October 27, 2014 3:41pm

POLSON, Mont. (AP) — A 3-year-old Montana boy who died of a bullet wound last week was shot in the back by an intoxicated man who said he didn't think the gun was loaded as they played together, prosecutors said.

Galen Hawk, 26, is charged with negligent homicide in the death Wednesday of Lonato Moran-Allen. They lived in the same northwestern Montana residence, but weren't related.

Hawk told investigators that he saw the boy holding his gun Wednesday evening and took it away, court records said. Hawk said the boy then ran down the hallway, looking back toward him while pretending to shoot a toy gun. Hawk says he pointed his gun at the child in response and pulled the trigger, believing the gun wasn't loaded because the magazine was in his pocket.

The bullet entered the boy's upper back near his right shoulder and exited through his lower chest on his left side, an autopsy found.

Hawk and two other residents of the house took the boy to the hospital, where he died less than three weeks before his fourth birthday.


Read more: http://www.chron.com/news/crime/article/Lake-County-boy-shot-in-the-back-5850698.php

71 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Man didn't think gun was loaded when he shot boy (Original Post) Judi Lynn Oct 2014 OP
So the idiot left his gun with a chambered round exboyfil Oct 2014 #1
His first mistake was having a loaded gun available to the child. postulater Oct 2014 #2
Exactly shenmue Oct 2014 #5
That's what I was always taught and what I taught my kids. NaturalHigh Oct 2014 #28
My BNL, USAF gunner in Vietnam said not only to assume it's loaded, don't pick a gun up until you freshwest Oct 2014 #54
I haven't shot a gun in decades deutsey Oct 2014 #58
A large segment of society exboyfil Oct 2014 #6
how about not have a gun or at least respecting the weapon samsingh Oct 2014 #13
That too. postulater Oct 2014 #22
Some folks are dumb as rocks... ileus Oct 2014 #3
Law abiding and Responsible! mikeysnot Oct 2014 #4
I thought the first rule of gun safty was notadmblnd Oct 2014 #7
And always assume it's loaded Scootaloo Oct 2014 #8
Yup sakabatou Oct 2014 #49
Christ on a cracker. My dad taught me when I was 8 years old that a bullet stays chambered even if catbyte Oct 2014 #9
damn heaven05 Oct 2014 #10
Why only negligient homicide? Why not second degree murder? peacebird Oct 2014 #11
Definitions of the crimes. ManiacJoe Oct 2014 #27
Can't drunken stupidity increase it? After all, he did murder the toddler.... peacebird Oct 2014 #35
Can't say that I have ever heard of that happening. ManiacJoe Oct 2014 #37
Can we at least hope remorse causes the drunken fool to do unto himself as he did to the toddler? peacebird Oct 2014 #38
Please tell me you are not suggesting that his suicide is your desired outcome. ManiacJoe Oct 2014 #39
It would be the kindest outcome. Could YOU live with yourself if YOU were him? peacebird Oct 2014 #57
I would never have done what he did. ManiacJoe Oct 2014 #71
According to a very quick Google search, it appears the max sentence for "negligent homicide" nomorenomore08 Oct 2014 #43
This being Montana why NOT "Deliberate" Homicide?? happyslug Oct 2014 #67
Man didn't think eppur_se_muova Oct 2014 #12
Man didn't think Kalidurga Oct 2014 #55
I have never owned a gun in my life yet I have known for over thirty years CBGLuthier Oct 2014 #14
Kinda disgusting - all the attempts to frost the ugliness of this away Plucketeer Oct 2014 #15
Yes, enough! BrotherIvan Oct 2014 #26
Exactly. peacebird Oct 2014 #36
So true. n/t Judi Lynn Oct 2014 #51
I appreciate your comparison. Completely appropriate. n/t Judi Lynn Oct 2014 #52
this is what my father taught me, further driven into me by several range masters littlewolf Oct 2014 #16
Bet would have characterized himself as "responsible, law-abiding" gun owner right before he shot Hoyt Oct 2014 #17
Seems everyone here knows gun safety. The shooter upaloopa Oct 2014 #18
2nd Amendment Rights SoCalMusicLover Oct 2014 #19
LOL! Politicalboi Oct 2014 #21
Prayers to the little boy and his family. Dont call me Shirley Oct 2014 #20
It is perfectly legal to own a gun, hold a gun, leave a gun sitting on a table when you are drunk... Tikki Oct 2014 #31
I used to be able to throw a killer frisbee while drinking beers. Dont call me Shirley Oct 2014 #46
"bbut what about Eddie Eagle? he proves that the NRA really *does* care about the consequences of MisterP Oct 2014 #23
He didn't know.. .the gun was loaded KamaAina Oct 2014 #24
This is why guns and alcohol do not mix. ManiacJoe Oct 2014 #25
These kinds of gun negligence Jenoch Oct 2014 #29
Typical and not a new story Warpy Oct 2014 #30
Here's an article with his mugshot Kaleva Oct 2014 #32
Attend the funeral? That sure takes some balls (and not in a good way)... nomorenomore08 Oct 2014 #44
Sigh...when are we going to learn. Here's my idea: Sancho Oct 2014 #33
Licensing and background checks are certainly good ideas. nomorenomore08 Oct 2014 #45
Excellent suggestions, but . . . markpkessinger Oct 2014 #47
We already have carry permits, don't allow machine guns, etc...it's not a legal problem at all.... Sancho Oct 2014 #56
Good ideas. A good start! calimary Oct 2014 #50
Another high ranking officer in our well regulated militia eom whereisjustice Oct 2014 #34
Thank god someone had a gun. Guns save lives. The NRA and assorted ammosexuals told me so. nt valerief Oct 2014 #40
But what do the ammophobes have to say about this? friendly_iconoclast Oct 2014 #53
These occurences are... 3catwoman3 Oct 2014 #41
I grew up in a small town in rural PA, in a house with many guns . . . markpkessinger Oct 2014 #42
Oh good Lord. Brigid Oct 2014 #48
It doesn't just Hurt, it Kills Mister Nightowl Oct 2014 #59
Guns are the real threat to Americans, not ebola. Vinca Oct 2014 #60
Remove the Alcohol, you also remove this death happyslug Oct 2014 #69
IRONICALLY...... cynzke Oct 2014 #61
Man didn't think. n/t Orsino Oct 2014 #62
Every gun is loaded Travelman Oct 2014 #63
Bingo. Well said. marble falls Oct 2014 #64
This is what we were taught as boys workinclasszero Oct 2014 #66
Only in America workinclasszero Oct 2014 #65
Montana only has Deliberated and Negligent homicide happyslug Oct 2014 #68
"I didn't think it was loaded" is now neck and neck with louis-t Oct 2014 #70

exboyfil

(17,863 posts)
1. So the idiot left his gun with a chambered round
Mon Oct 27, 2014, 05:57 PM
Oct 2014

so that a kid could find it and play with it. He then proceeded to play cops and robbers with a real gun.

Bury him under the prison.

postulater

(5,075 posts)
2. His first mistake was having a loaded gun available to the child.
Mon Oct 27, 2014, 06:01 PM
Oct 2014

His second mistake was not stopping the child as the child pointed the gun at him, even though it was a play gun. Children should always be taught never to point any gun, real or toy, at another person. Every gun should be treated as loaded.

NaturalHigh

(12,778 posts)
28. That's what I was always taught and what I taught my kids.
Mon Oct 27, 2014, 07:50 PM
Oct 2014

I showed them my two guns when they were little and explained that only grown-ups should handle them. That was about twelve years ago, and they've still never shown any interest in guns. I really think parents should be open and honest with kids about the guns in the house so that it won't be some sort of hidden secret that piques the curiosity. Just my two cents.

freshwest

(53,661 posts)
54. My BNL, USAF gunner in Vietnam said not only to assume it's loaded, don't pick a gun up until you
Tue Oct 28, 2014, 04:28 AM
Oct 2014
ready, willing and able to kill. If you are not willing to shoot and kill what you aim the weapon at, you have no business with it. A gun is for killing, it's not a toy.

The majority of people used to be congnizant of this basic fact. A hunter intends to kill an animal. If one is not targeting an animal, one is targeting a human being. A gun has a certain function and that's its reason to exist.

Too many are treating guns like the newest consumer gadget, a toy or a status symbol. They have a total disconnect from what the gun is made to do. They don't think about what they are doing, it's as if they think they are in a movie or playing a game.

People need to respect what guns are and why they are made. Serious gun owners are not as dangerous as guys like this. I'm disappointed they are only going to give him 20 years, if they do.

But then I'm ticked that a person was so callous in the first place. I don't consider 26 years to be a child who doesn't know better. At least the little boy probably never knew what hit him or felt much of anything as it was so damaging when it tore his little body apart.

Every home is a potential slaughterhouse with the implements of death tossed around like footballs. I hardly cry about these now as it's simply numbing.

deutsey

(20,166 posts)
58. I haven't shot a gun in decades
Tue Oct 28, 2014, 06:49 AM
Oct 2014

But what I learned about always assuming a gun is loaded has stayed with me all these years. I can never understand how that gets lost on some gun owners.

exboyfil

(17,863 posts)
6. A large segment of society
Mon Oct 27, 2014, 06:06 PM
Oct 2014

gets their jollies out of pointing and shooting guns at each other (paint ball and air soft rifles). Even replicas without balls (Civil War reenactments).

mikeysnot

(4,757 posts)
4. Law abiding and Responsible!
Mon Oct 27, 2014, 06:05 PM
Oct 2014

not....

another unfortunate child murder by and idiot with a gun.

I didn't know it was loaded... fucking moron.

notadmblnd

(23,720 posts)
7. I thought the first rule of gun safty was
Mon Oct 27, 2014, 06:08 PM
Oct 2014

NEVER POINT A GUN AT ANOTHER HUMAN BEING UNLESS YOU INTEND TO USE IT?

catbyte

(34,393 posts)
9. Christ on a cracker. My dad taught me when I was 8 years old that a bullet stays chambered even if
Mon Oct 27, 2014, 06:21 PM
Oct 2014

you remove the effing clip. He should be charged with murder for pointing a gun at a three year old & pulling the trigger.

peacebird

(14,195 posts)
11. Why only negligient homicide? Why not second degree murder?
Mon Oct 27, 2014, 06:30 PM
Oct 2014

It's not the toddlers fault that a drunken idiot murdered him. It's not the toddlers fault this man is so careless/stupid/irresponsible that he should never have been allowed to own a gun in the first place. He murdered a tot. Hopefully he will do the honorable thing and eat a bullet, save the courts the time. If not, put this piece of human excrement in jail and throw away the key.

ManiacJoe

(10,136 posts)
27. Definitions of the crimes.
Mon Oct 27, 2014, 07:49 PM
Oct 2014

Since there was no intent to kill or injury the child, negligent homicide would be the correct charge.

ManiacJoe

(10,136 posts)
37. Can't say that I have ever heard of that happening.
Mon Oct 27, 2014, 09:04 PM
Oct 2014

Yes, he killed the toddler. No, he did not murder him.

nomorenomore08

(13,324 posts)
43. According to a very quick Google search, it appears the max sentence for "negligent homicide"
Mon Oct 27, 2014, 10:30 PM
Oct 2014

in the state of MT is 20 years and a $50,000 fine. Hopefully they throw the proverbial book at him.

 

happyslug

(14,779 posts)
67. This being Montana why NOT "Deliberate" Homicide??
Tue Oct 28, 2014, 11:46 AM
Oct 2014

Review of the underlying statute shows Montana does NOT have 1st or 2nd degree murder, but "Deliberate" and "Negligent" Homicide.

45-5-104. Negligent homicide. (1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being.
(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.


45-5-102. Deliberate homicide. (1) A person commits the offense of deliberate homicide if:
(a) the person purposely or knowingly causes the death of another human being;


Other had stated the #1 and #2 rules of gun Safety, #1 assume a weapon is always loaded, #2, never point the weapon at anything you do NOT want bullet to hit. #3 is NEVER mix alcohol (or other "Drugs&quot with Firearms.

CBGLuthier

(12,723 posts)
14. I have never owned a gun in my life yet I have known for over thirty years
Mon Oct 27, 2014, 06:36 PM
Oct 2014

about the "one in the chamber." Negligent homicide my ass, this was willful homicide. he saw, he aimed he pulled the trigger.

There is no way in any situation that is a safe or sane thing to do. Fuck this murderer and all like him with their bullshit excuses.

 

Plucketeer

(12,882 posts)
15. Kinda disgusting - all the attempts to frost the ugliness of this away
Mon Oct 27, 2014, 06:40 PM
Oct 2014

They're TOOLS OF DEATH. THAT is what they were/are conceived for. They're not icy porch steps - to aid in getting you into your home - they're not a vehicle - designed primarily for transportation. They're TOOLS OF DEATH. Mix these tools with stupid and/or juveniles and bad things are bound to happen. It's NOT ABOUT your dad teaching you not to point it at someone - it's not about: you thought it wasn't loaded - it's about an instrument who's sole mission is to damage flesh to the point where death or severe injury is the desired result.

Rattlesnakes are great for rodent control. How about turning one or two loose in your home for that purpose? Guns in the house make as much sense and are just as dangerous.

BrotherIvan

(9,126 posts)
26. Yes, enough!
Mon Oct 27, 2014, 07:41 PM
Oct 2014

The constant attempts to downplay every death as an "accident". When in fact, the gun served its purpose: TO KILL.

All the, "well, he shouldas," and "my daddy always taught me" won't bring that child back. Gunners will allow that THIS guy is now one of the handful of people who should not have a gun because____ or ____ BUT THE CHILD IS STILL DEAD.

The gunners motto: "Your dead kids don't trump my rights!"

littlewolf

(3,813 posts)
16. this is what my father taught me, further driven into me by several range masters
Mon Oct 27, 2014, 06:40 PM
Oct 2014

as well as RSO's (range safety officers)

1. Treat all guns as loaded until you have personally made sure they are not.

2. never point a gun at anything you are not prepared to destroy.

3. laser rule, make sure the bbl is pointed in a safe direction at all times.

4. be sure of your target and what is behind it.

 

Hoyt

(54,770 posts)
17. Bet would have characterized himself as "responsible, law-abiding" gun owner right before he shot
Mon Oct 27, 2014, 06:40 PM
Oct 2014

the poor kid. They all think they are "responsible gun owners."

upaloopa

(11,417 posts)
18. Seems everyone here knows gun safety. The shooter
Mon Oct 27, 2014, 06:46 PM
Oct 2014

probably passed a shooting course. Isn't it obvious "gun safety" is just words gunners use in their obfuscation attempts. Good guys with guns and with gun safety training are just as dangerous as bad guys with guns.

Tikki

(14,557 posts)
31. It is perfectly legal to own a gun, hold a gun, leave a gun sitting on a table when you are drunk...
Mon Oct 27, 2014, 07:54 PM
Oct 2014

The NRA will tell you these are unfortunate accidents and guns shouldn't be punished
because frisbees are just as dangerous.


Tikki

MisterP

(23,730 posts)
23. "bbut what about Eddie Eagle? he proves that the NRA really *does* care about the consequences of
Mon Oct 27, 2014, 07:27 PM
Oct 2014

its project to flood the market with arms and is absolutely and in no way a cynical way to simultaneously cover their asses and train kids about guns!"

 

Jenoch

(7,720 posts)
29. These kinds of gun negligence
Mon Oct 27, 2014, 07:51 PM
Oct 2014

are why I believe everybody should take a gun safety course as a youth.

Kaleva

(36,304 posts)
32. Here's an article with his mugshot
Mon Oct 27, 2014, 07:55 PM
Oct 2014
http://www.washingtontimes.com/news/2014/oct/26/montana-man-fatally-shoots-3-year-old-in-game-of-g/

In another article, it was stated he asked the judge if he could attend the boy's funeral but the judge didn't make a decision on that.

"Public defender Matt Pavelich, who represented Hawk during the hearing, told the court that Hawk would like to attend Lonato's funeral on Tuesday, but the judge did not make a decision on that request."

http://www.chron.com/news/crime/article/Lake-County-boy-shot-in-the-back-5850698.php

Sancho

(9,070 posts)
33. Sigh...when are we going to learn. Here's my idea:
Mon Oct 27, 2014, 08:28 PM
Oct 2014

People Control, Not Gun Control

This is my generic response to gun threads where people are shot and killed by the dumb or criminal possession of guns. For the record, I grew up in the South and on military bases. I was taught about firearms as a child, and I grew up hunting, was a member of the NRA, and I still own guns. In the 70’s, I dropped out of the NRA because they become more radical and less interested in safety and training. Some personal experiences where people I know were involved in shootings caused me to realize that anyone could obtain and posses a gun no matter how illogical it was for them to have a gun. Also, easy access to more powerful guns, guns in the hands of children, and guns that weren’t secured are out of control in our society. As such, here’s what I now think ought to be the requirements to possess a gun. I’m not debating the legal language, I just think it’s the reasonable way to stop the shootings. Notice, none of this restricts the type of guns sold. This is aimed at the people who shoot others, because it’s clear that they should never have had a gun.

1.) Anyone in possession of a gun (whether they own it or not) should have a regularly renewed license. If you want to call it a permit, certificate, or something else that's fine.
2.) To get a license, you should have a background check, and be examined by a professional for emotional and mental stability appropriate for gun possession. It might be appropriate to require that examination to be accompanied by references from family, friends, employers, etc. This check is not to subject you to a mental health diagnosis, just check on your superficial and apparent gun-worthyness.
3.) To get the license, you should be required to take a safety course and pass a test appropriate to the type of gun you want to use.
4.) To get a license, you should be over 21. Under 21, you could only use a gun under direct supervision of a licensed person and after obtaining a learner’s license. Your license might be restricted if you have children or criminals or other unsafe people living in your home. (If you want to argue 18 or 25 or some other age, fine. 21 makes sense to me.)
5.) If you possess a gun, you would have to carry a liability insurance policy specifically for gun ownership - and likely you would have to provide proof of appropriate storage, security, and whatever statistical reasons that emerge that would drive the costs and ability to get insurance.
6.) You could not purchase a gun or ammunition without a license, and purchases would have a waiting period.
7.) If you possess a gun without a license, you go to jail, the gun is impounded, and a judge will have to let you go (just like a DUI).
8.) No one should carry an unsecured gun (except in a locked case, unloaded) when outside of home. Guns should be secure when transporting to a shooting event without demonstrating a special need. Their license should indicate training and special circumstances beyond recreational shooting (security guard, etc.).
9.) If you buy, sell, give away, or inherit a gun, your license information should be recorded.
10.) If you accidentally discharge your gun, commit a crime, get referred by a mental health professional, are served a restraining order, etc., you should lose your license and guns until reinstated by a serious relicensing process.

Most of you know that a license is no big deal. Besides a driver’s license you need a license to fish, rent scuba equipment, operate a boat, or many other activities. I realize these differ by state, but that is not a reason to let anyone without a bit of sense pack a semiautomatic weapon in public, on the roads, and in schools. I think we need to make it much harder for some people to have guns.

nomorenomore08

(13,324 posts)
45. Licensing and background checks are certainly good ideas.
Mon Oct 27, 2014, 10:39 PM
Oct 2014

But of course, to some folks, they're an intolerable infringment on "Mah Conistintutional rights!"

markpkessinger

(8,399 posts)
47. Excellent suggestions, but . . .
Mon Oct 27, 2014, 10:51 PM
Oct 2014

. . . so long as we have a Supreme Court that interprets the Second Amendment as conferring an individual right to bear arms that is independent of service in any militia, your idea about licensing presents a legal problem. There is, so far as I know at least, no legal precedent for licensing a constitutional right, and I seriously doubt the Supreme Court, as currently constituted, would allow such a law to stand.

Sancho

(9,070 posts)
56. We already have carry permits, don't allow machine guns, etc...it's not a legal problem at all....
Tue Oct 28, 2014, 06:31 AM
Oct 2014

licences, permits, and certificates are already legal and common. My license does not restrict any gun or weapon - you could have a nuclear bomb with my "license". There is no national database, no point-of-sale background check. Current laws are already more complex and cumbersome than a license.

You would have to jump through hoops to get your license. You present a valid license to go hunting, buy bullets, enter the shooting range, etc. Simple. When you renew you'll be checked for crimes, etc. You have an interview or references or whatever your state requires to get the license. You have proof of insurance (just like an auto) as your state requires. You take safety classes in order to get the license (just like a carry permit).

The ONLY thing that different is that ALL gun possession requires a license. Otherwise, you can't easily buy guns, ammo, or go shooting without the license. If you have a license it's no problem and you don't even have to go through a check of any kind.

Since there is no restriction on guns of any kind, there is no 2nd Amendment challenge any more than we've already resolved.

calimary

(81,267 posts)
50. Good ideas. A good start!
Tue Oct 28, 2014, 01:47 AM
Oct 2014

Appreciate the waiting period, too. That would head off a few crimes of passion.

 

friendly_iconoclast

(15,333 posts)
53. But what do the ammophobes have to say about this?
Tue Oct 28, 2014, 02:47 AM
Oct 2014

Personally, I think this guy should be clanged with the maximum sentence.

markpkessinger

(8,399 posts)
42. I grew up in a small town in rural PA, in a house with many guns . . .
Mon Oct 27, 2014, 10:19 PM
Oct 2014

In the particular part of Pennsylvania where I grew up, virtually every family had one or more hunters, and my family was no exception. There was quite a variety of rifles and shotguns, each of which was chosen for its suitability for hunting a particular type of game. But here's the thing: under NO circumstances were we EVER permitted to bring a gun into the house or into a vehicle without checking AND DOUBLE CHECKING that it had been completely unloaded. What's more, when my siblings and I were younger, my dad forbade us from pointing even so much as a toy gun at each other (an exception was made for squirt guns). And we got in serious trouble if he saw us doing so, even with a gun that was obviously a toy. I thought, as a kid, that the old man got a little carried away with himself on that point. But as an adult, I totally get what he was trying to do, to instill in us the kind of respect necessary to safely handle a potentially lethal weapon. So it simply astounds me when I hear stories like this.

Brigid

(17,621 posts)
48. Oh good Lord.
Mon Oct 27, 2014, 10:55 PM
Oct 2014

Rule #1: Always assume the damn gun is loaded.
Rule #2: If you have any questions, see Rule #1.

Vinca

(50,273 posts)
60. Guns are the real threat to Americans, not ebola.
Tue Oct 28, 2014, 08:09 AM
Oct 2014

Last edited Tue Oct 28, 2014, 01:03 PM - Edit history (1)

I wish politicians would stop posturing over 1 ebola death and focus on the tens of thousands of gun deaths in the U.S. every year. Drunken morons should not have guns.

 

happyslug

(14,779 posts)
69. Remove the Alcohol, you also remove this death
Tue Oct 28, 2014, 11:59 AM
Oct 2014

Which was the main argument for Prohibition. The counter argument was that Alcohol was NOT the problem, but the abuse of Alcohol. The same can be said of firearms, the problem is NOT firearms but the abuse of firearms.

cynzke

(1,254 posts)
61. IRONICALLY......
Tue Oct 28, 2014, 08:23 AM
Oct 2014

At least two red state legislatures passed a law forbidding doctors to question and/or talk about gun risks with their patients who have children.

Travelman

(708 posts)
63. Every gun is loaded
Tue Oct 28, 2014, 10:14 AM
Oct 2014

No matter how unloaded you think a gun is, it's loaded. Always. Until you've completely disassembled the thing, it's a loaded gun. Always.

You, Mr. Hawk, are a moron of the highest order. Drunk doesn't excuse it. "I thought it was unloaded" doesn't excuse it. Nothing excuses it. You performed grade-A prime stupid, and it cost a young boy his life. Someone up above said that in Montana, the maximum penalty for negligent homicide is 20 years. I hope you spend every single minute of it thinking about what a spectacular moron you are, and how you can never, ever repent for what you've done.

 

workinclasszero

(28,270 posts)
66. This is what we were taught as boys
Tue Oct 28, 2014, 11:35 AM
Oct 2014

EVERY GUN IS ALWAYS LOADED!!!

Also a fuckin gun is not a damn toy! And never, never, NEVER point a gun at anything you don't intend to shoot!

I hope they lock that bastard up for 30 years or so, fucker is too stupid to be running around free anyway, obviously!

 

workinclasszero

(28,270 posts)
65. Only in America
Tue Oct 28, 2014, 11:30 AM
Oct 2014

I'm sorry but we have to be the most ignorant dumb bastards on the face of the earth! Not only for letting any brain dead mouth drooling psychopath have every right to arm himself to the teeth with lethal automatic killing machines that are far beyond his capacity to understand...BUT...

What kind of EVIL society stands by while innocent 3 year olds are gunned down like dogs in our streets!?!?!?!?!?

 

happyslug

(14,779 posts)
68. Montana only has Deliberated and Negligent homicide
Tue Oct 28, 2014, 11:53 AM
Oct 2014
http://leg.mt.gov/bills/mca_toc/45_5_1.htm

45-5-104. Negligent homicide. (1) A person commits the offense of negligent homicide if the person negligently causes the death of another human being.
(2) Negligent homicide is not an included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) A person convicted of negligent homicide shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.

http://leg.mt.gov/bills/mca/45/5/45-5-104.htm


45-5-103. Mitigated deliberate homicide. (1) A person commits the offense of mitigated deliberate homicide when the person purposely or knowingly causes the death of another human being or purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant but does so under the influence of extreme mental or emotional stress for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse must be determined from the viewpoint of a reasonable person in the actor's situation.
(2) Mitigated deliberate homicide is a lesser included offense of deliberate homicide as defined in 45-5-102(1)(a), but is not a lesser included offense of deliberate homicide as defined in 45-5-102(1)(b).
(3) Mitigating circumstances that reduce deliberate homicide to mitigated deliberate homicide are not an element of the reduced crime that the state is required to prove or an affirmative defense that the defendant is required to prove. Neither party has the burden of proof as to mitigating circumstances, but either party may present evidence of mitigation.
(4) A person convicted of mitigated deliberate homicide shall be imprisoned in the state prison for a term of not less than 2 years or more than 40 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.

http://leg.mt.gov/bills/mca/45/5/45-5-103.htm


45-5-102. Deliberate homicide. (1) A person commits the offense of deliberate homicide if:
(a) the person purposely or knowingly causes the death of another human being;
(b) the person attempts to commit, commits, or is legally accountable for the attempt or commission of robbery, sexual intercourse without consent, arson, burglary, kidnapping, aggravated kidnapping, felonious escape, assault with a weapon, aggravated assault, or any other forcible felony and in the course of the forcible felony or flight thereafter, the person or any person legally accountable for the crime causes the death of another human being; or
(c) the person purposely or knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.
(2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, unless the person is less than 18 years of age at the time of the commission of the offense, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222.

http://leg.mt.gov/bills/mca/45/5/45-5-102.htm

louis-t

(23,295 posts)
70. "I didn't think it was loaded" is now neck and neck with
Tue Oct 28, 2014, 12:44 PM
Oct 2014

"I was cleaning my gun." What kind of moron points a real gun, loaded or unloaded, at a child and pulls the trigger?

Latest Discussions»Latest Breaking News»Man didn't think gun was ...