WHAT IS RECKLESS DISCHARGE OF A GUN?
Recklessly discharging a firearm within a city of Minnesota is a felony offense. In order to be found guilty of recklessly discharging a firearm within a municipality, the prosecution must prove beyond a reasonable doubt that there was some conscious or intentional act leading to the firearm discharging that created a substantial and unjustifiable risk, and the person causing the firearm discharge was aware of, but disregarded that risk.
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Fortunately, for Americans exercising their 2nd Amendment gun rights, the firing of a firearm is not a crime if the gun going off is caused by negligence or accident. Anyone who regularly carries or uses a firearm is at risk of an accidental or negligent discharge of that gun. Even law enforcement officers are not immune from having a negligent or accidental firing of their weapon (See here, here, and here for examples).
ACCIDENTS ARE NOT A CRIME
Accidents and non-criminal negligence can happen if there is a malfunction of the firearm, magazine, or ammunition, or if there is an accident when unloading, loading, cleaning, holstering, or drawing a firearm. However, due to guns being a controversial topic in this country, as well as Minnesota law enforcement’s strong public opposition to the 2003 permit to carry law, otherwise law abiding gun owners can find themselves in a serious legal predicament if an accidental or negligent discharge occurs.
If you are accused of, or charged with reckless discharge of a firearm, call Coley Grostyan now to ensure you have a knowledgeable and experienced advocate fighting for your 2nd Amendment rights. Minnesota firearm and 2nd Amendment lawyer Coley J. Grostyan is always accessible and responds to the needs of his clients 24 hours a day, 7 days a week. For confidential and personal service, aggressive and professional representation, contact Coley Grostyan today at 612-747-2254 to schedule a consultation.
Coley Grostyan represents individuals facing reckless firearm discharge charges in the Twin Cities Minneapolis/St. Paul Area, and all across the State of Minnesota.