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originally posted by: Zyzxxrd
If in fact she was shot in the right shoulder area while standing behind the camera operator...
It seems the media is also conflating "misfires" with "accidental discharges".
originally posted by: AugustusMasonicus
originally posted by: Zyzxxrd
If in fact she was shot in the right shoulder area while standing behind the camera operator...
The gaffer next to her is saying she grabbed her abdomen and also states she was shot in the stomach. Probably best to wait for the coroner's findings at this point.
originally posted by: vonclod
originally posted by: Oldcarpy2
originally posted by: vonclod
originally posted by: panoz77
originally posted by: alphabetaone
originally posted by: TheRedneck
In any case, I am a bit relieved to hear you would like to see charges as well. I do not wish Alec Baldwin, or any actor, ill over this or anything else. I simply want to see some common sense safety precautions taken.
Im not a huge baldwin fan either, but here's the problem i see with charging Baldwin for this.
You bring your truck into a repair shop for new brakes. The brakes fail due to the work being subpar and you kill someone. Who is liable? The shop is so long as there is actual cause and proximate cause.
In the case of Baldwin, there was an outside firm responsible for the safety of the equipment and Baldwin was only an operator...whether or not he was properly trained in firearms safety and handling should never come into play as he had no desire to handle a projectile discharging firearm....but an illusion of one. We can argue whether or not its a great idea to use a "real" firearm as an illusion, but thats another debate.
Actual cause in Baldwins case would mean if not for the negligence of the outside firm would Mrs. Hutchins have been shot down? If the answer is no, actual cause has been established. Proximate cause in this case would be were there any unforseeable or intervening events that would relieve the outside firm of liability? If the answer is no, you have proximate cause.
Instead the outside firm should be held liable and any forthcoming charges should fall sqaurely on them.
Here is where you are wrong. You never point a firearm, real gun or blank firing gun (we are not talking about a plastic toy cap gun) at something you don't intend to kill and pull the trigger. Never, not ever. There are no exceptions to this rule. Even if every other firearm safety provision was violated, nobody would have died if this firearm wasn't pointed at a person and the trigger pulled, PERIOD.
I must assume you have never been to a movie, or watched tv..because obviously it has happened..I dunno..millions of times
Guess that poster has never seen the John Wick films. Or many others, for that matter.
Ya, his words are very reasonable..in real life. However, making movies/tv, it's par for the course. I did notice last John Wick, was a lot of digital gunfire, lots of up close stuff
So. can a "misfire" also be an accidental discharge, or not?
Yeah, does that surprise you?
Guns don't just "go off."
Then, what is a "misfire"? The crew reported that there were 3 misfires before this incident.
A misfire is when you pull the trigger and the primer DOESN'T go off, hence igniting the powder and ejecting a bullet. There were not reports of "misfires". I believe the reports were of negligent discharges.
www.handgunsafetycourse.com...
"A misfire is when the primer fails to ignite the powder."
There are very rare cases where certain guns can "go off" without pulling the trigger. For example, some SKS's can fire a round if the butt of the gun is slammed into the ground, this is usually due to guns that have worn trigger components or lack of maintenance and are very rare.
originally posted by: Erno86
originally posted by: TheRedneck
a reply to: alphabetaone
But hollywood is an entirely different animal
There is the crux of my disagreement. No, Hollywood is not a "completely different animal" when it comes to firearm safety! No one is immune to firearm safety, and this incident underscores that statement. No one. Period.
Also, i looked up the definition of manslaughter in Mew Mexico:Paragraph B seems to apply. Not personally checking the weapon before firing it demonstrates a lack of "due caution and circumspection." It does not matter if it was on a Hollywood movie set or in a biker barroom... a gun is a gun is a gun, and a gun can kill. Alec Baldwin knew this, as evidenced by a cornucopia of comments made in favor of gun control before this happened. He can't even plead ignorance here due to those previous statements. He knew the gun could kill, and yet he failed to verify it was safe before pointing it at another human being and pulling the trigger.
Chapter 30: Criminal Offenses
Article 2: Homicide, 30-2-1 through 30-2-9
Section 30-2-3: Manslaughter.
Manslaughter is the unlawful killing of a human being without malice.
A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.
Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.
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.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony.
Hanna Gutierrez Reed (the armorer) and Dave Halls (the assistant director) would also be subject to the same charge. Anyone else who may have been complicit (discounting intent of course) would likely be subject to a serious misdemeanor.
The maximum punishment in New Mexico for a fourth degree felony is 18 months in prison and a $5000 fine.
TheRedneck
So what if said film actor had a Tommy gun with a 50 or 100 round drum magazine. Do you think said actor should be held liable for a negligent discharge, if he did not check to see if the magazine drum was loaded with live ammunition or not --- When the film armorer is --- after all --- under contract to see whether the firearm is loaded with blank ammunition?
Jus sayin...
originally posted by: Sookiechacha
a reply to: face23785
Me
So. can a "misfire" also be an accidental discharge, or not?
Face23785
Yeah, does that surprise you?
It confuses me.
Because this is how panoz77 defined a misfire.
originally posted by: panoz77
originally posted by: Sookiechacha
a reply to: face23785
panoz77
Guns don't just "go off."
Me
Then, what is a "misfire"? The crew reported that there were 3 misfires before this incident.
panoz77
A misfire is when you pull the trigger and the primer DOESN'T go off, hence igniting the powder and ejecting a bullet. There were not reports of "misfires". I believe the reports were of negligent discharges.
www.handgunsafetycourse.com...
"A misfire is when the primer fails to ignite the powder."
There are very rare cases where certain guns can "go off" without pulling the trigger. For example, some SKS's can fire a round if the butt of the gun is slammed into the ground, this is usually due to guns that have worn trigger components or lack of maintenance and are very rare.
So this misfire, that killed Helyna Hutchins, didn't fail to ignite, per the definition of a misfire panoz77 provided. it was a hot gun that was accidentally discharged.
So, what I'm understanding here is that a "misfire" is when a gun fails to ignite, OR when a "hot" gun accidentally discharges, most likely by pulling the trigger, because the gun was assumed to be "cold".
It appears the previous "misfires" that were reported were also accidental discharges, of "hot" guns thought to be "cold".
originally posted by: Oldcarpy2
originally posted by: vonclod
People should look up Deer Hunter, and what went on.
Do tell!
Someone firing a gun that they thought was unloaded is not a misfire.
originally posted by: Sookiechacha
a reply to: face23785
Someone firing a gun that they thought was unloaded is not a misfire.
Yeah...LOL
It appears to be a semantics puzzle designed by legal eagles. You can bet it will be called a "misfire" in court.
originally posted by: TheRedneck
a reply to: panoz77
The misinformation is yours, sir. I only pray no one listens to it.
TheRedneck
originally posted by: Erno86
And I assume that Baldwin will not be charged for any illegal activity in this tragic incident.
originally posted by: face23785
originally posted by: Sookiechacha
a reply to: face23785
Someone firing a gun that they thought was unloaded is not a misfire.
Yeah...LOL
It appears to be a semantics puzzle designed by legal eagles. You can bet it will be called a "misfire" in court.
It's not semantics at all. The confusion is caused by ignorant people who refuse to learn about the subject matter constantly trying to opine on and debate the subject. Millions of members of the public become misinformed in this manner, and then when they talk about it they use incorrect terms. It's not hard to understand. No "design" is needed.
www.pedestrian.tv...
on the set of Rust a few times before the fatal incident where Alec Baldwin fired a prop gun that misfired and killed cinematographer Halyna Hutchins.
originally posted by: vonclod
originally posted by: Oldcarpy2
originally posted by: vonclod
People should look up Deer Hunter, and what went on.
Do tell!
DeNero wanted some real cartridges in the russian roulette scenes..talk about method acting, obviously the rounds where never in the majic spot, still..yikes
A lot of misery in general went on, made for a very good movie though.