Hi,
I was reading about a police Sargent in Milwaukee that had a ND in a shopping mall with his concealed duty gun (M&P 40).
"A Milwaukee police sergeant whose gun went off inside Southridge Mall in Greendale on Nov. 2 was charged Thursday with endangering safety by use of a dangerous weapon, a misdemeanor.
According to a criminal complaint released Thursday, Edwards was in line at Auntie Anne's pretzel shop when he reached into his back pocket for his wallet. As he did, his gun slid out of his waistband and down his pants. As he reached for the weapon, it went off, blowing a hole through his pants. The gun was not in a holster and did not have a safety, the complaint says."
From the article
http://www.jsonline.com/news/milwaukee/police-sergeant-charged-after-gun-goes-off-at-southridge-i83ca0c-135265738.html
I understand that he was negligent for just sticking a loaded gun in his waistband, but when it slipped down his trousers and he grabbed for it -- was he "using" the gun at the time? Could he claim that he was protecting the public by trying to catch the falling gun and was not "using" it ?
By the way, his department does not have a policy about officers offduty needing to use a holster. Guess they thought it was obvious.
I was reading about a police Sargent in Milwaukee that had a ND in a shopping mall with his concealed duty gun (M&P 40).
"A Milwaukee police sergeant whose gun went off inside Southridge Mall in Greendale on Nov. 2 was charged Thursday with endangering safety by use of a dangerous weapon, a misdemeanor.
According to a criminal complaint released Thursday, Edwards was in line at Auntie Anne's pretzel shop when he reached into his back pocket for his wallet. As he did, his gun slid out of his waistband and down his pants. As he reached for the weapon, it went off, blowing a hole through his pants. The gun was not in a holster and did not have a safety, the complaint says."
From the article
http://www.jsonline.com/news/milwaukee/police-sergeant-charged-after-gun-goes-off-at-southridge-i83ca0c-135265738.html
I understand that he was negligent for just sticking a loaded gun in his waistband, but when it slipped down his trousers and he grabbed for it -- was he "using" the gun at the time? Could he claim that he was protecting the public by trying to catch the falling gun and was not "using" it ?
By the way, his department does not have a policy about officers offduty needing to use a holster. Guess they thought it was obvious.