Accidental discharge in Florida home? - Page 2

smoakingun · January 23, 2012, 09:14 PM

without any damage being done to someone elses property or person, not much can be done to you on the state level, however, local noise ordinance, or hoa by-laws regarding noise still apply

csmsss · January 24, 2012, 01:05 AM

Quote:

Csmsss in order to clean the gun, you must first disassemble it no? I consider that cleaning my gun. You are quibbling over semantics.

Not at all. What I am doing is making clear your mistake of equating clearing a weapon with cleaning it. They are two entirely different acts. In fact, if a firearm has been cleared, then it cannot possibly discharge while one is cleaning it.

Your point is that you don't want your imprecise language brought to anyone else's attention. Sorry if my doing so makes you feel bad.

csmsss · January 24, 2012, 01:08 AM

Quote:

without any damage being done to someone elses property or person, not much can be done to you on the state level, however, local noise ordinance, or hoa by-laws regarding noise still apply

That's simply not so. If you live in a jurisdiction where the discharge of a firearm is prohibited, and do so anyway, if that is witnessed then yes you can be prosecuted. It's rare, but it's possible.

I don't understand all of the hemming and hawing over this. ANY discharge of a firearm within one's home not resulting from a mechanical defect is inexcusable.

MLeake · January 24, 2012, 08:00 AM

csmsss, the OP's question was specific to Florida. As several of us have noted, in Florida, the state has preempted lower levels of government from passing or enforcing firearm laws. So, for purposes of this thread, the discharge of a firearm is not really a player.

But it was a negligent discharge, unless the weapon went off while being cleared, due to a true mechanical malfunction.

So we agree on the main point, anyway.

icedog88 · January 24, 2012, 08:20 AM

Quote:

Not at all. What I am doing is making clear your mistake of equating clearing a weapon with cleaning it. They are two entirely different acts. In fact, if a firearm has been cleared, then it cannot possibly discharge while one is cleaning it.

Your point is that you don't want your imprecise language brought to anyone else's attention. Sorry if my doing so makes you feel bad.

As I said

If I do the brakes on my car, the first step is not to take the brake pads off. Kinda hard to do if the wheel is still on.
And yes, you are arguing semantics and not my perceived imprecise language as I clearly stated that I consider disassembling my gun part of of the cleaning process if that's what I set out to do. Disassembly involves removing the magazine on my semi-autos. This is not my mistake. If I take my gun out, wishing to clean it, and my girlfriend asks what I'm doing, I absolutely do not say, "I am clearing my gun. Then I will proceed to disassemble said gun. After that, I will clean said gun."

Super Sneaky Steve · January 25, 2012, 05:26 PM

Quote:

"I heard it too, officer. Have you figured out where it came from yet?"

How is this a lie? If you fired the weapon you would have indeed heard it too.

Asking an officer a question is not a lie either.

diceman3 · January 25, 2012, 08:25 PM

Most probable legal answer: If you live in Florida, who has a state law that no local entity can make laws that go beyond Florida state law, and do not discharge a pistol in a public place, or on private property that endangers nearby persons or property, and do not violate HOA rules (assuming muffled sounds inside house), you do not violate Florida state law.

January 23, 2012, 09:14 PM	#26
smoakingun Senior Member Join Date: April 12, 2009 Location: melrose, fl Posts: 634	without any damage being done to someone elses property or person, not much can be done to you on the state level, however, local noise ordinance, or hoa by-laws regarding noise still apply __________________ Hundreds of years from now, it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove... But the world may be different because I did something so bafflingly crazy that my ruins become a tourist attraction.

January 25, 2012, 08:25 PM	#32
diceman3 Junior Member Join Date: May 19, 2011 Posts: 10	Most probable legal answer: If you live in Florida, who has a state law that no local entity can make laws that go beyond Florida state law, and do not discharge a pistol in a public place, or on private property that endangers nearby persons or property, and do not violate HOA rules (assuming muffled sounds inside house), you do not violate Florida state law. Last edited by diceman3; January 25, 2012 at 10:22 PM.

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January 24, 2012, 08:00 AM	#29
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	csmsss, the OP's question was specific to Florida. As several of us have noted, in Florida, the state has preempted lower levels of government from passing or enforcing firearm laws. So, for purposes of this thread, the discharge of a firearm is not really a player. But it was a negligent discharge, unless the weapon went off while being cleared, due to a true mechanical malfunction. So we agree on the main point, anyway.