Should Baldwin be charged?

[conan]

Yes…for negligence.

[SixFoot]

@TheRedComet

I would say yes. Involuntary manslaughter.

Anyone handling a firearm has an obligation (perhaps not legal, but certainly moral) to check the condition of said firearm. The cylinder should be flipped out and examined on a revolver, a semi automatic should have its magazine dropped and the chamber cleared. Once someone hands you a firearm, you are responsible for doing those things.

He was negligent, trusting the word of someone else, and a woman is dead because of it.

That said, he is not the only person responsible. There are a chain of people involved that shoulder the blame as well.

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]

@Oryx

@zantax

Much different than not being checked and having live rounds in it already.

Is that what happened with Baldwin? I thought they were still investigating?

If he checked it, how did he miss seeing the live round?

[Oryx]

[quote=“zantax, post:25, topic:240564, full:true”]

@Oryx

@zantax

Much different than not being checked and having live rounds in it already.
[/quote]

Is that what happened with Baldwin? I thought they were still investigating?

If he checked it, how did he miss seeing the live round?

I don’t know, I assume the public will be privy to the investigation details before too long.

[Oryx]

@zantax

Nobody checks a gun barrel after every shot. I would imagine even less so if they are shooting blanks.

How about between every take on a movie set?

[TheDoctorIsIn]

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]

Veterans, what’s the first thing you do when someone hands you a rifle?

[zantax]

@Oryx

@zantax

Nobody checks a gun barrel after every shot. I would imagine even less so if they are shooting blanks.

How about between every take on a movie set?

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.

[TheDoctorIsIn]

@zantax

If you did the same exact thing at home, your wife handed you a weapon telling you it was unloaded and you turned around and shot someone, where do you think you would be spending the night?

But this wasn’t at home. It wasn’t Alec Baldwin’s wife who told him the gun wasn’t loaded.

Context matters.

[zantax]

@TheDoctorIsIn

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.

I am pretty sure pointing a loaded gun at someone is a crime, even on a movie set.

[zantax]

@TheDoctorIsIn

@zantax

If you did the same exact thing at home, your wife handed you a weapon telling you it was unloaded and you turned around and shot someone, where do you think you would be spending the night?

But this wasn’t at home. It wasn’t Alec Baldwin’s wife who told him the gun wasn’t loaded.

Context matters.

You think if your wife happened to be a gun safety expert it would get you off? lol

[Oryx]

@zantax

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.

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]

@Oryx

@zantax

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.

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.

That’s the beauty of just saying it, you don’t have to prove it.

[TheDoctorIsIn]

@zantax

I am pretty sure pointing a loaded gun at someone is a crime, even on a movie set.

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]

@TheDoctorIsIn

@zantax

I am pretty sure pointing a loaded gun at someone is a crime, even on a movie set.

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.

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?

[margaretms2]

@zantax

@Yossarian

@zantax

Yes or no, with your reason. Me, yes, I would have been.

As an actor, no.
As a producer, yes.

If you did the same exact thing at home, your wife handed you a weapon telling you it was unloaded and you turned around and shot someone, where do you think you would be spending the night?

I don’t think that’s a good analogy—especially because a paid professional armorer on a film set is not a random wife.

[TheDoctorIsIn]

You missed the most important word in my post.

“Intended”

[zantax]

@margaretms2

@zantax

@Yossarian

@zantax

Yes or no, with your reason. Me, yes, I would have been.

As an actor, no.
As a producer, yes.

If you did the same exact thing at home, your wife handed you a weapon telling you it was unloaded and you turned around and shot someone, where do you think you would be spending the night?

I don’t think that’s a good analogy—especially because a paid professional armorer on a film set is not a random wife.

Show me a statutory exception for that case. As I said, anyone else would be facing charges.

[JimmyC]

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?

[zantax]

@TheDoctorIsIn

You missed the most important word in my post.

“Intended”

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.