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  1. #11
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    Sep 2010
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    Default Re: Am I Responsible for a Gun Misfire

    I think you're deluded. The NRA gives you $2500 worth of liability coverage which wouldn't get you past the minimal lawyers fee in a claim.

  2. #12
    Join Date
    Jan 2013
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    372

    Default Re: Am I Responsible for a Gun Misfire

    Are you sure that the NRA offers $2500 of liability insurance? I thought that was loss and theft insurance. $2500 may replace a pistol but it's unlikely to cover a shooting accident.

  3. #13
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    Jul 2007
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    Florida
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    Default Re: Am I Responsible for a Gun Misfire

    The question is nonsense because a "misfire", when the word is used relative to a gun, can only happen when an attempt is made to fire a weapon and it "misfires" - i.e. fails to discharge a bullet. A gun in a pocket with the safety on is incapable of misfiring, but if it did somehow try to fire itself but misfired there would be no harm because it... misfired. You can be as negligent as you like, but if no harm occurs (as none can in this hypo) then there is still no liability.

    There, is that better?

  4. #14
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Am I Responsible for a Gun Misfire

    I suggest you Google "concealed carry insurance". Why would a ninja misfire their gun? Why would they have one?

  5. #15
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Am I Responsible for a Gun Misfire

    Quote Quoting Bubba Jimmy
    View Post
    The question is nonsense because a "misfire", when the word is used relative to a gun, can only happen when an attempt is made to fire a weapon and it "misfires" - i.e. fails to discharge a bullet. A gun in a pocket with the safety on is incapable of misfiring, but if it did somehow try to fire itself but misfired there would be no harm because it... misfired. You can be as negligent as you like, but if no harm occurs (as none can in this hypo) then there is still no liability.

    There, is that better?
    well, theoretically a gun could misfire while in one's pocket. Guns have been known to fire even with the safety on. If that resulted in a misfire, then you have a misfire while in your pocket.


    and if you include a jammed slug as a misfire, while it isn't going to hurt anybody else, the person carrying the gun is surely not going to agree with your claim there is no harm.

  6. #16
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    Sep 2010
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    19,000

    Default Re: Am I Responsible for a Gun Misfire

    I was understanding the original question to mean misfire as accidental discharge rather then the pedantic correct use of the word where the gun fails to fire.

    But either way, if someone is harmed by your negligent handling of a gun you can be liable.

    OK, I was wrong about the NRA, but the "concealed carry" insurances I looked out don't cover negligent gun handling. They limitation is only for the use of the weapon in an act of self defense. You carrying it around in your pants and dropping it on the floor and it gong off and killing Billy Bob isn't going to be covered. Even if you are shooting at someone who is attacking you and you have been drinking or doing drugs or on the job, many of these policies are not going to cover you.

  7. #17
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    Default Re: Am I Responsible for a Gun Misfire

    My other thought was that even homeowners insurance might offer a rider to cover firearm accidents. I am sure LLoyd's would insure anything, LOL.

  8. #18
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Am I Responsible for a Gun Misfire

    ...Too many people on here have never even actually held a gun and are giving advice and discussing "misfires". Look, the OP is not talking about a misfire. There are exactly and only 3 ways in which a gun can "fire", 1) intended discharge, 2) accidental discharge, and 3) negligent discharge. That's it - those are the only options. The gun having a safety, or not having a safety, is absolutely irrelevant.

    intended discharge - the gun fires as intended when the shooter pulls the trigger
    accidental discharge - the gun fires without warning or intent (very, and I mean VERY uncommon)
    negligent discharge - the gun fires as intended, however, the shooter did not intend for the gun to fire

    Too, and I mean FAR too many people, claim to have experienced an accidental discharge, like it is some fault of the gun. Accidental discharges are "accidents" of judgement, not mechanical malfunction. A "true" accidental discharge would be caused by a mechanical failure of one of the components.

    Personally, I see nothing wrong with carrying a "pocket gun" in what?? A pocket?! The problem arises when you also throw your keys in that pocket, or maybe a pen or other objects that can manipulate the trigger when you don't expect it.

    It will likely be up to a jury to decide if your actions were negligent or if an "accident" truly occurred. I live in PA and I have umbrella coverage for just this type of scenario through my insurance company.

    PS - the comment about safety on an automatic handgun particularly made me laugh. If the OP had an automatic handgun, he's got bigger issues to worry about.

  9. #19
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    Default Re: Am I Responsible for a Gun Misfire

    The thread has been based on a faulty premise since its conception. A gun with the safety on cannot misfire. Hence the reason we were enjoying our responses and focused on the insurance end of it.

  10. #20
    Join Date
    Jul 2007
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    Florida
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    Default Re: Am I Responsible for a Gun Misfire

    Words have meaning, so clarifying "misfire" as opposed to "unintentional discharge" is useful.

    Revolvers have no safety but they operate differently than most semiautomatics. Single-action semiautomatics have a safety, and carrying one in a pocket with a round in the chamber with the safety off is dangerous and most probably negligent. Double-action semiautomatics operate similarly to a revolver, and require no safety mechanism. It is difficult to imagine how an uncocked revolver or a double-action semiautomatic could accidentally fire in a pocket unless there was a hand in the pocket and a finger on the trigger.

    - - - Updated - - -

    But the answer to the OP doesn't change. If you are carrying a weapon and it discharges, injuring or killing someone, you are liable unless you can prove there was a mechanical failure having nothing to do with your own negligence.

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