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Negligent Discharge vs. Accidental Discharge

11/9/2017

10 Comments

 
If you've been around guns for at least five minutes, you've undoubtedly heard the terms "negligent discharge" and "accidental discharge".  Some people use these terms interchangeably.  Others will pedantically insist that "there is no such thing as an accidental discharge, only a negligent discharge."  The truth is that there is such a thing as both a negligent discharge and an accidental discharge, and while both involve an unintentional firing of a shot, they are not the same thing.  Let's examine the difference in an effort to make you safer when handling a gun.
First, a brief discussion about firearm safety

Before we get into the definition of each, let's review the Four Universal Firearm Safety Rules, to which we will refer frequently in our discussion.

Rule #1:  Treat every gun as if it is loaded.  Even if you know the gun is unloaded, treat it with the same level of respect as you would a loaded gun.

Rule #2:  Never let the muzzle cover anything you're not willing to destroy.  The fact that the gun is unloaded is not an excuse to violate this rule (see rule #1).

Rule #3:  Keep your finger off the trigger and outside the trigger guard until you are ready to shoot.  The only time your finger goes on the trigger is when you are pointed in at a target and prepared to shoot.

 Rule #4:  Be sure of your target and what is in line with your target.  You must be certain that what you are about to shoot is a valid target, and there is nothing in front of or behind it that you are not willing to shoot.

Chief among their purposes, the Four Universal Firearms Safety Rules serve two goals:
1.)  Prevent negligent discharges
2.)  Mitigate the effects of both negligent and accidental discharges


Understanding this, let's now explore the difference between negligent and accidental discharges.
Negligent Discharge
A negligent discharge is an unintentional firing of a shot due to a violation of the Four Universal Firearms Safety Rules, or other improper weapon handling.  In the case of a negligent discharge, the fault lies entirely with the person handling the gun, and could have been prevented.  In the vast majority of cases, the negligent discharge occurs due to a failure to observe Rule 3.  In many of these cases, it also involves a lack of proper mindset or respect for the weapon, or a failure to observe Rule 1.  In fact, it can be said that the most dangerous gun is the "unloaded" gun, because the handler may feel free to violate safety rules, often with tragic results.

The video below shows a Las Vegas police officer having a negligent discharge.
You'll notice in this video, the officer is violating both Rules 2 and 3, in turn muzzling her partner and the suspect, and keeping her finger on the trigger in spite of the fact that she is not planning to shoot.  Fortunately for both her partner and the suspect, her weapon drifted away from both of them just before she fired the shot.  In other words, the fact that Rule 2 was technically in force at the moment the shot fired is what prevented this situation from being more disastrous.  Sadly, as this video illustrates, many police officers do not get sufficient training in handling their weapon, leading to incidents like this one.

This illustrates the redundancy in the Four Universal Firearm Safety Rules, and how they mitigate the effects of a negligent discharge (or an accidental discharge, as we'll see in a minute).

Another infamous example of a negligent discharge is in this video, wherein the gun handler blatantly violates Rules 1, 2, and 3.
This one has it all.  Know-it-all attitude.  Lack of respect for the weapon because it's "unloaded".  No muzzle discipline.  No trigger finger discipline.  And it all adds up to a painful negligent discharge.  All I have to add is that I'm glad he wasn't pointing the gun at any of the students.
Accidental Discharge
An accidental discharge in the unintentional firing of a shot not due to improper gun handling and through no fault of the person handling the gun.  In the vast majority of cases, an accidental discharge is due to mechanical failure or equipment malfunction. 

An example of an accidental discharge I heard about recently involved a law enforcement officer.  She was in uniform, carrying her duty weapon in its holster, and carrying a backpack slung over her shoulder.  As she approached her car, she lowered the backpack off her shoulder and began to place it in the car.  At that moment, her gun (still in the holster) discharged into the ground.  In the investigation afterward, it was determined that a strap from the backpack had slid into the holster and through the trigger guard as she lowered the bag.  As she then tossed the bag into the car, the strap pulled up on the trigger, causing the discharge.  I would call this an accidental discharge, because the officer didn't do anything improper.  You could argue the holster is to blame, since it failed to keep the foreign object out of the trigger guard, but the officer was not at fault.

This video is another perfect example of an accidental discharge:
Here are some things to note about the video above:

1.  Based on what you can see in the video, the most likely explanation for what happened (in my opinion) is that the shooter's gun has a very light hammer/sear engagement, meaning that it doesn't take much for the hammer to slip.  I am speculating a bit, but I would guess that, due to the fact that this is obviously a competitive event, the shooter's gun probably has a custom trigger to provide a very light trigger press.  When the shooter racked the slide, the hammer failed to engage the sear, followed the slide forward, and struck the firing pin, firing the shot. 

2.  While one could argue that the discharge was due to shoddy work on the part of the gunsmith, it was not due to error on the part of the shooter.  This was an equipment failure, rather than improper gun handling, which is what makes this an accidental discharge rather than a negligent discharge.

3.  The shooter followed the Four Universal Firearms Safety Rules throughout.  As the range officer in the video points out, that is why this accidental discharge did not cause any damage or harm.  Because the shooter handled the gun with the proper respect (Rule 1) and kept his muzzle pointed into the berm or bullet trap (Rules 2 and 4), the results were mitigated.
Reducing (Eliminating?) Negligent and Accidental Discharges
Obviously, both negligent and accidental discharges are highly undesirable and are to be avoided to the extent possible.  But can they be eliminated?

Negligent discharges would be virtually eliminated if everyone who handles a gun would rigidly observe the Four Universal Firearms Safety Rules.  Unfortunately, the reality is that negligent discharges will continue to occur because:
1.  Not everyone who handles a gun knows the Four Rules,
2.  Many of those who do know them do not follow them consistently, and
3.  People are imperfect and will always be prone to error, no matter how well-informed, well-intentioned, and well-trained they might be.

That said, everyone who handles a gun is duty-bound to abide by the Four Rules at all times while handling a gun in order to avoid negligent discharges.  The fact that it is unrealistic to believe that negligent discharges can be eliminated should not deter us from attempting to do so.

Accidental discharges can be prevented through selection of quality equipment, proper weapon maintenance and storage, and by avoiding modifications to your gun's fire control mechanisms.  But again, they can never be eliminated completely, because guns, like all mechanical devices, are prone to failure even just through normal wear and tear.

It is because unintentional discharges can never be eliminated completely that muzzle discipline and backstop are so important.  These precautionary measures, embodied in Safety Rules 2 and 4, ensure that even if an unintentional discharge occurs, the damage will be minimal.
The Bottom Line
Learn the Four Universal Firearms Safety Rules like the back of your hand.  Follow them religiously.  Insist on the same from everyone you know.  By doing so, you will contribute to a safe gun culture and help reduce both the number of negligent discharges and their tragic effects.

Want To Improve Your Firearm Handling and Safety?

After four days of training with Guncraft, the Four Universal Firearm Safety Rules will be second-nature to you.  Learn to handle and shoot your firearm with greater skill and proficiency than the average law enforcement officer or soldier.  Check out our Defensive Handgun Course and find the peace that comes from being well-trained.
10 Comments
Muhammad Abu Nayeem link
3/9/2021 01:33:45 am

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Reply
Eve Mitchell link
5/21/2021 10:34:35 am

I appreciate the tip about treating the gun as if it is loaded. My daughter loves shooting and she wants to get a pistol for graduation. I would like to find a seller with more safety tips.

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Tex Hooper link
9/27/2021 02:57:48 pm

I like your gun tips. I need a new pistol. I'll have to go to the gun store.

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Jeff Carbine link
12/30/2021 04:23:22 am

I never knew that treat every gun as if it is loaded. I have no idea about it but now I think I do, it is really a good article. Thank you for the information about the gun safety classes.

Reply
Jeff Carbine link
1/13/2022 05:57:00 pm

I never knew that treat it with the same level of respect as you would a loaded gun, even if you know the gun is unloaded. I never thought that it would be like this, it is a good article to read, I'll share this with my aunt. Thank you for the information about the gun stores.

Reply
Victoria Addington link
3/17/2022 09:23:26 pm

You made a good point when you stated that you must treat every gun, even if it's unloaded, with the same amount of respect as you would a loaded gun. I should tell my sister the same thing since she's getting interested in shooting. She's even looking for a supplier of gun reloading equipment to buy the items she needs for this new found hobby.

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Braden Bills link
7/6/2022 07:56:55 am

It makes sense that firing off a gun on accident would be a very serious crime. I'll make sure that I get the proper firearm training before I get one. That way, I can ensure that I know how to use it responsibly.

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John Carston link
8/3/2022 04:39:16 pm

I accidental discharge may happen if you don't handle the gun properly. The other day, my uncle told me that he and his friend were hoping to find custom rifle for their shooting range practice, and he asked if I had any idea what would be the best option to consider. I love this helpful article, I'll be sure to tell him that they can consult a trusted gun dealer as they can provide more information about their rates and services.

Reply
Roger Ringer
10/23/2022 05:10:14 am

I whole heartedly and fully disagree with the explanation and logic of negligent discharge and accidental discharge.

I have been a firearms instructor for over 24 years. They are all accidents unless the person meant to shoot someone else, which turns to homicide OR the meant to shoot themselves which turns to suicide.

Negligence is a legal term associated with manslaughter. If you admit you were negligent with your firearm because you didn't follow the cardinal safety rules, you just admitted to negligent homicide.

I am no expert or lawyer by far. Accidents happen by not paying attention, rushing through things, and mainly thinking about what you are doing. That will lead to an absolute violation of the firearm safety rules.

In 24 years, I have never had an incident on the range until yesterday, 10/22/2022. Student, who happens to also be a friend of mine, followed my direction to take his weapon out, point down range, load with a magazine, and safely holster. However, he was not paying attention when he holstered and had his finger on the trigger. Put a round through his leg. It was an accident and simple.

By the way, my friend is fine. It went in and out. Again, I am not an expert or a lawyer. I am going by my knowledge and experience of 24 plus years as a firearms instructor.

Reply
Iris Smith link
12/13/2022 06:03:01 pm

Thank you for noting that an accidental discharge is when a shot is accidentally fired without the shooter's consent and is not the result of incorrect gun handling. My son enrolled in a sports shooting course. I'll purchase him a pair of custom handgun holsters so that he can handle firearms safely.

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