Quote:
The muzzle striking the wall caused the firearm to go off.
|
That would still be an ND... I completely understand his position. An AD is if something breaks in the gun. The gun fires with no one touching it while it is in what would otherwise be a safe state. A failure of some kind.
The negligent act may be simply carrying it with a round in the chamber when it is not safe to do so.
If you were carrying a series 70 1911 with a polished hair trigger... with the safety off... and it fell to the ground, causing the trigger to move just enough to let the hammer fall and let a round off... that would be an ND, not an AD. If the safety was on and the sear somehow broke or failed and the hammer fell and let a round off, that would be an AD.