Reckless Enda

[Whoops2u]

I have some big dogs. They love kids and kids love them even though the dogs look scary to the parents. When the kids come to pet, even with my permission, I am on ninja alert and physically ready to pull the dogs off if there is a problem.

The point is, even though I am comfortable with them does not mean I don't give them the respect they deserve. Firearms are the same way. I think many here would agree that, perhaps, you did not give your firearm the respect it deserves.

Does that make it criminal?

A quick Google search shows that it is not unusual for Washington police to arrest for Reckless endangerment when loaded firearms are available to children. Much of the motivation seems to stem from an incident on or before 2012 where a kid brought a found firearm to school in his backpack and the firearm injured another. There have been a couple of attempts to make the specific thing of children's access to loaded firearms illegal because of that incident and they have failed. An interesting case that is not your facts but might explain some breaks to criminal liability might be useful to you. State v. Bauer, 329 P. 3d 67 (2014)

Don't talk about the facts with people other than your attorney. You might also consider getting a specialist because there might be actual legal issues to resolve in regards to what you've said so far and having someone who knows the specific law and related cases inside and out might be well worth the extra cost. Do you know how it was charged? I see Reckless Endangerment-DV as a conviction that could remove your firearm rights in Washington and am uncertain how they determine if it was domestic violence related.

 

[PayrollHRGuy]

Does you wife often use your truck to take the kids to school?

 

[Whoops2u]

Does you wife often use your truck to take the kids to school?

I think that is at least one important fact that will help determine if the act was "reckless" or not.

I also think /u/bartdesoma would be foolish to answer it in a public forum even if he believes the answer would help him.

 

[PayrollHRGuy]

If that is his real name he is an idiot right up front.

 

[quincy]

Definitely some tough times ahead for our family. We both have full time jobs, kids just got back to school with newborn in DayCare (6 mo). Will try and keep everyone posted on the outcome. CPS was notified as well.

We would be interested in hearing what is decided if you can post back with the outcome.

The criminal defense attorney you hire should be experienced in family law matters. I hope the attorney can keep you out of jail, arrange for "weekend" jail or get for you probation with deferred sentencing.

Although the offense is a very serious one that could have had a disastrous, tragic result, you and your family were lucky. I am not sure jail time will benefit anyone.

Good luck.

 

[Just Blue]

We would be interested in hearing what is decided if you can post back with the outcome.

The criminal defense attorney you hire should be experienced in family law matters. I hope the attorney can keep you out of jail, arrange for "weekend" jail or get for you probation with deferred sentencing.

Although the offense is a very serious one that could have had a disastrous, tragic result, you and your family were lucky. I am not sure jail time will benefit anyone.

Good luck.

Revoking the gun permits and taking away all guns from OP would benefit all.

 

[quincy]

Revoking the gun permits and taking away all guns from OP would benefit all.

Yes.

 

[Whoops2u]

If you guys want we can debate the issue. But, I suspect the forum would shut us down quickly.

 

[quincy]

This has not become a gun rights issue, nor should it.

There is a forum for senior members only where we discuss these issues off the board.

 

[Just Blue]

If you guys want we can debate the issue. But, I suspect the forum would shut us down quickly.

There is nothing to debate. OP was reckless with his weapon and is damn lucky some children didn't die as a result of his actions. He should not be allowed to have a gun.

 

[Zigner]

This thread is not about gun rights - it's about the improper and (potentially) lethal negligence on the part of the OP (and the OP's wife).

 

[PayrollHRGuy]

There is nothing to debate. OP was reckless with his weapon and is damn lucky some children didn't die as a result of his actions. He should not be allowed to have a gun.

We don't know that. And is why I asked the question I did earlier in the thread.

If the gun was locked in his truck and he had no reason to think his wife and children would be in the truck he was not negligent.

On the other hand if he knew there was a chance that the wife and kids would be in the truck he would be.

That said. I had my son trained well before he was 5-6 to alert either myself, wife or another adult if they came across a firearm. In fact one shortly before one Christmas when my son was 4 my wife took him into a sporting goods store. When he saw the rack of guns he froze on told his mother 'Stop, there are guns in here. We have to tell daddy."

He said this pretty loud and the next time I went into the store I pretty much got a standing ovation and asked how I taught him gun safety so well.

 

[Zigner]

We don't know that. And is why I asked the question I did earlier in the thread.

If the gun was locked in his truck and he had no reason to think his wife and children would be in the truck he was not negligent.

On the other hand if he knew there was a chance that the wife and kids would be in the truck he would be.

That said. I had my son trained well before he was 5-6 to alert either myself, wife or another adult if they came across a firearm. In fact one shortly before one Christmas when my son was 4 my wife took him into a sporting goods store. When he saw the rack of guns he froze on told his mother 'Stop, there are guns in here. We have to tell daddy."

He said this pretty loud and the next time I went into the store I pretty much got a standing ovation and asked how I taught him gun safety so well.

The gun was placed in the unlocked center console of the truck. The CC permit-holder was not present in the truck. He should have taken his weapon with him. His criminal negligence placed his own children, as well as others, in mortal danger.

 

[quincy]

We don't know that. And is why I asked the question I did earlier in the thread.

If the gun was locked in his truck and he had no reason to think his wife and children would be in the truck he was not negligent.

On the other hand if he knew there was a chance that the wife and kids would be in the truck he would be.

That said. I had my son trained well before he was 5-6 to alert either myself, wife or another adult if they came across a firearm. In fact one shortly before one Christmas when my son was 4 my wife took him into a sporting goods store. When he saw the rack of guns he froze on told his mother 'Stop, there are guns in here. We have to tell daddy."

He said this pretty loud and the next time I went into the store I pretty much got a standing ovation and asked how I taught him gun safety so well.

I like that story, PRG.

What happens to Bart's guns will be an issue for the court - and I suspect it will play a major role in any plea agreement.