SixFoot
24
If you legally use a firearm to defend your self, and the bullet goes through the threat and into a bystander, guess which negligent charges you’re gonna catch?
zantax
25
If he checked it, how did he miss seeing the live round?
Oryx
26
[quote=“zantax, post:25, topic:240564, full:true”]
I don’t know, I assume the public will be privy to the investigation details before too long.
Oryx
27
How about between every take on a movie set?

The moment I read your OP, I knew Mr. Branca was going to be involved, somehow. He really is making quite a name for himself providing “legal opinions” that appeal to right-wing gun owners.
As for your OP, going by what is currently known, the answer is no.
New Mexico’s Involuntary Manslaughter law:
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.
Mens rea is contextual. In this context, the question is what caution was due.
SixFoot
29
Veterans, what’s the first thing you do when someone hands you a rifle?
1 Like
zantax
30
Probably be a good idea but provided you had the gun or you could see the gun the entire time, I wouldn’t expect a charge, unless you could show you should have known such a thing could happen. We all know what happens when you fire a live round at someone. I was unaware a blank could do this.
But this wasn’t at home. It wasn’t Alec Baldwin’s wife who told him the gun wasn’t loaded.
Context matters.
zantax
32
I am pretty sure pointing a loaded gun at someone is a crime, even on a movie set.
zantax
33
You think if your wife happened to be a gun safety expert it would get you off? lol
1 Like
Oryx
34
It’s interesting that the cops said Massee was negligent but still didn’t charge him. I wonder what they think he should have done differently.
zantax
35
That’s the beauty of just saying it, you don’t have to prove it.
2 Likes
It isn’t.
Pointing a gun at someone (loaded or unloaded) is a crime (assault) only when it is intended to - and does - place the victim in reasonable fear of bodily harm or death.
zantax
37
So you know what they felt? They weren’t playing a scene where they were supposed to have a gun pointed at them. It could very well have felt threatening to them, I wonder if they ducked or flinched?
I don’t think that’s a good analogy—especially because a paid professional armorer on a film set is not a random wife.
You missed the most important word in my post.
“Intended”
zantax
40
Show me a statutory exception for that case. As I said, anyone else would be facing charges.
JimmyC
41
A difference between a movie set and real life is that in real life the gun is either loaded with live ammunition or not (is it common to shoot blanks in real life?). On a movie set should there ever be an expectation that the gun is loaded with live ammunition?
1 Like
zantax
42
Ok, you have a point about brandishing. New Mexico law.
D. As used in this section, “brandished” means displaying or making a firearm known to another person while the firearm is present on the person of the offending party with intent to intimidate or injure a person.