Negligent Discharge of Firearm Gives Police Right To Search Private Home?

W

wittlescwappy

Guest
Jurisdiction
North Carolina
If I Accidentally have my firearm go off whilst cleaning or inspecting, do the police who show up to investigate have the right to search my home? Do I have to give them I.D. or allow the to inspect the discharged weapon? I live in N.C.

If I am using these forums incorrectly I apologize. Thank you for any and all responses.
 
BTW I should have mentioned that I do live within city limits. I am not allowed to fire guns at or near my house. I do live in my own house not a rental/not a apt. (if that makes any difference).

I am the poster from above, I signed up. Sincere apologies for double posting - I couldn't edit my first post because I was not a member when I started it.
 
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If you make sure the weapon is unloaded before storage/transport/handling it for any other reason than firing it (Firearms 101), that should not be a problem.
 
KatDini said:
If you make sure the weapon is unloaded before storage/transport/handling it for any other reason than firing it (Firearms 101), that should not be a problem.
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I agree with that philosophy and have handled firearms for a large chunk of my life w/o a ND... However I feel I should know my rights in this situation just in case. Negligent discharges happen to alot gun owners who regularly use their firearms over decades.

Thankyou for your reply.
 
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wittlescwappy said:
I agree with that philosophy and have handled firearms for a large chunk of my life w/o a ND... However I feel I should know my rights in this situation just in case. Negligent discharges happen to alot gun owners who regularly use their firearms over decades.

Thankyou for your reply.
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If the police were called, obtained knowledge of any gun related "incident", they have the right to investigate.

In some jurisdictions, denying them entry to the premises, will cause an ugky escalation to ensure the premises and the "incident" are investigated.

I would advise you to permit them to enter upon the premises to investigate the matter.

The time to argue any perceived, or alleged civil rights violation is NOT during the investigation, or with the police.

You can, after the fact, argue the alleged violation in court.

Never, ever challenge or argue with the police for any reason.

One, you'll always lose on the scene.
Two, things could escalate rapidly, and often end badly for the "actor", acting up!
 
Would it be in my best interest to, after said NG, call the local police and let them know what happened? Would they probably still show up If I did this? They do know who I am and know that I own guns. We are on friendly terms.
 
wittlescwappy said:
Would it be in my best interest to, after said NG, call the local police and let them know what happened? Would they probably still show up If I did this? They do know who I am and know that I own guns. We are on friendly terms.
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Common sense says that IF your firearm was discharged accidentally, and the police didn't arrive contemporaneously with the alleged incident, to follow the Clinton doctrine of DA, DT (don't ask, don't tell).

If no one was injured (or, God forbid KILLED) after the incident, no harm, no foul.

The police are a very busy lot.

I don't know of many police agencies investigating misdemeanors (absent injury, property loss, or theft) days after the alleged incident occurred.

Hypothetically, had this occurred 48 hours ago, I doubt the police will come calling tomorrow.

If they did, such an incident would be impossible to prove.

In NC LEOs are only able to make an arrest absent a warrant for the following:

shoplifting,
DUI,
domestic criminal trespass,
violation of a 50B (domestic protective order),
violating a pre-trial release order (stalking, staying away from they're home, phoning, emailing...etc.),
assault by pointing a gun (if in a relationship with one another),
assault on a female,
assault inflicting serious injury or assault w/deadly weapon.

Otherwise a magistrate must sign off via a warrant.
 
army judge said:
Common sense says that IF your firearm was discharged accidentally, and the police didn't arrive contemporaneously with the alleged incident, to follow the Clinton doctrine of DA, DT (don't ask, don't tell).

If no one was injured (or, God forbid KILLED) after the incident, no harm, no foul.

The police are a very busy lot.

I don't know of many police agencies investigating misdemeanors (absent injury, property loss, or theft) days after the alleged incident occurred.

Hypothetically, had this occurred 48 hours ago, I doubt the police will come calling tomorrow.

If they did, such an incident would be impossible to prove.

In NC LEOs are only able to make an arrest absent a warrant for the following:

shoplifting,
DUI,
domestic criminal trespass,
violation of a 50B (domestic protective order),
violating a pre-trial release order (stalking, staying away from they're home, phoning, emailing...etc.),
assault by pointing a gun (if in a relationship with one another),
assault on a female,
assault inflicting serious injury or assault w/deadly weapon.

Otherwise a magistrate must sign off via a warrant.
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They aren't very busy in my town. I hear gunshots a fair bit from my property - but I think I live a fair bit closer into town than those offenders. I haven't had a ND. This is for future reference.
 
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Two words apply here - exigent circumstances.

If the police responded immediately they could certainly articulate entering your home to ensure that no one was injured and in need of medical attention. You telling them that it was an accident wouldn't prevent this.

That may include searching all areas that a person could occupy.
 
Highwayman said:
That may include searching all areas that a person could occupy.
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Or, a body could be concealed. :rolleyes: LOL

Just wondering my friend, have you ever had a negligent discharge or accidental discharge of any weapon in your life?

I have handled firearms since I was about 8 years old (under my dad's supervision until I was age 17), grew up on a farm, and have never once had such an event occur.
 
Same here... Never had a negligent discharge or accidental discharge. I am going on 54 been around firearms all my life. Just last week while shopping in a store that sells firearms. A gentleman unholstered his weapon to compare the size with one the store was selling. He was amazed on how fast I took it from him. Since he was pointing it at me. Some folks will never learn proper firearm handling.

If the cops didn't show up when you mishandled a firearm and discharged it in your house. Then let a sleeping dog sleep. We gun owners already get bad press to have another improper discharge making the front page of your local newspaper.
 
Disabled Vet said:
Same here... Never had a negligent discharge or accidental discharge. I am going on 54 been around firearms all my life. Just last week while shopping in a store that sells firearms. A gentleman unholstered his weapon to compare the size with one the store was selling. He was amazed on how fast I took it from him. Since he was pointing it at me. Some folks will never learn proper firearm handling.

If the cops didn't show up when you mishandled a firearm and discharged it in your house. Then let a sleeping dog sleep. We gun owners already get bad press to have another improper discharge making the front page of your local newspaper.
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You're spot on.
I can imagine the look on the careless idiot's face after you protected yourself.
As more and more people carry, just like drivers, careless and negligent things will occur.

Gun safety should always be number one any and every time you touch a firearm.
 
army judge said:
Just wondering my friend, have you ever had a negligent discharge or accidental discharge of any weapon in your life?
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No, sir.

I have been a police officer for over 17 years and my duty weapon is a Glock (I also own two other Glock pistols). In order to field strip a Glock for cleaning one must press the trigger first. Every time I do that I cringe no matter how sure I am that the chamber is empty and I do check that several times before proceeding.

If the basics are strictly followed there should never be a problem. When one is handling a firearm one's focus should be on the matter at hand - no distractions and no rushing.

As far as I am concerned, there is never an excuse for this type of incident.
 

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