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Possible Negligence With A Gun? If So should It Be Reported?

Posted: Sun Dec 13, 2015 1:51 am
by LGBTGunner
I went hiking in the national forest with a co-worker this Saturday and she felt another individual independent hiker was negligent with his firearm.

The incident started when we were coming down the mountain around mid afternoon. The coworker is more advanced than I so she was briskly walking down the trail. As I turn around a bend, I see another hiker in front of my coworker. She continues to walk briskly towards the lone hiker without saying "hi", "coming down", "to your left", etc.

As she gets within 7 yards of the hiker, she rustles up some leafs and twings. At this point, she has not said anything yet, the hiker moves his left hand on to a holstered pistol and begins to pull about the firearm. As he is doing this he is turning and sees it my coworker and his hand immediately let's go of the pistol. Based on my vantage point, I don't believe the gun left his holster.

This freaks my coworker out and she starts berating the hiker. The hiker says he has a hunting permit and it's legal to carry in the wilderness area anyways

As we got back around dusk the ranger office was closed. Personally, I don't think reporting the man will be warranted. Being more of experts, was the man negligent and should he be reported?

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 2:08 am
by Elmo
It sounds like the other hiker was startled and started to draw, but that's as far as he went.

I'd like to hear from others on this forum that carry, as I do not.

In my mind, while unnerving, this doesn't cross a line to, say, brandishing, which would be drawing/presenting the weapon. So assuming the hiker was correct that he was within his rights to be armed there, I'd say no harm, no foul.

Maybe make more noise when hiking, just as they say to do in grizzly bear country.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 2:24 am
by MayhemVI
I see nothing in the story to indicate negligence. What's the point in carrying a sidearm if you're going to be too late with it? If anything, it's the coworker who was negligent by not making her presence known. Mountain lion attacks are on the increase, many other forms of wildlife hammer humans, deer included. And it's not like wilderness areas are free of meth-heads and other assorted weirdos.

Back in the Old West, you didn't approach anothers camp without hailing first and getting an acknowledgment. And I've spent my share of time in various forests. Speaking up and making your presence and intentions known is common courtesy and common sense.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 3:25 am
by lurker
i agree with the above. other hiker was startled.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 6:22 am
by Coach
Hiker was startled. Nothing to see here.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 7:33 am
by DispositionMatrix
I would call it unfortunate but otherwise a nonevent if the gun did not clear the holster.

If your friend is hoplophobic, opposed to gun ownership, or simply opposed to carry, that might explain but not excuse her berating the other hiker.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 8:35 am
by rascally
I'll have to agree with the consensus here. If anyone was negligent it was your co-worker. Always make your presence known, especially if coming from the rear.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 8:43 am
by Inquisitor
Nonevent. Sneaking up on people is bad business.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 9:36 am
by SwampGrouch
Your cow-orker should,

1. Not waste the rangers' time and,

2. Review good trail manners (because she was downright thoughtless).

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 10:44 am
by Coach
SwampGrouch wrote:Your cow-orker should,

1. Not waste the rangers' time and,

2. Review good trail manners (because she was downright thoughtless).
3. Refrain from acting like a mountain lion in a national forest.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 11:38 am
by SwampGrouch
Coach wrote:3. Refrain from acting like a mountain lion in a national forest.
For once we agree.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 12:36 pm
by begemot
No negligence on his part. Different story of he'd put his hand on his gun in response to your coworker's provocation. I don't recommend folks reach for their weapons every time they're startled but can't fault him in this situation. Your coworker should brush up on proper trail etiquette and maybe impulse control. Who berates an armed man in the middle of the forest?

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 2:12 pm
by Simmer down
begemot wrote:Who berates an armed man in the middle of the forest?
Newbies.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 2:37 pm
by TheViking
Coach wrote:
SwampGrouch wrote:Your cow-orker should,

1. Not waste the rangers' time and,

2. Review good trail manners (because she was downright thoughtless).
3. Refrain from acting like a mountain lion in a national forest.
Yup. The guy didn't draw, he was just ready for a threat. The only known asshole in the woods that day was your co-worker.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 3:48 pm
by sikacz
Sorry to hear your co-worker freaked out. If she is a friend I would explain to her where she messed up. Safety is important. I don't care for anyone sneaking up on me either and my bad hearing doesn't help. A simple yell out and waiting for a response would have been good.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 7:13 pm
by dougb
What do you report? Nothing happened. Basically the report is "we startled a hiker, but he didn't shoot us".

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 7:22 pm
by senorgrand
Seems like a no harm, no foul by both parties (although uncomfortable for both), until you get to:
begemot wrote: Who berates an armed man in the middle of the forest?
Certainly within her right to free speech, but probably not the wisest thing to do.

What's that old saying? Intelligence is knowing that a tomato is a fruit; wisdom is not putting it in a fruit salad.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Sun Dec 13, 2015 8:00 pm
by begemot
That's a good saying. :)

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Mon Dec 14, 2015 10:58 am
by RurouniKakita
senorgrand wrote:Seems like a no harm, no foul by both parties (although uncomfortable for both), until you get to:
begemot wrote: Who berates an armed man in the middle of the forest?
Certainly within her right to free speech, but probably not the wisest thing to do.

What's that old saying? Intelligence is knowing that a tomato is a fruit; wisdom is not putting it in a fruit salad.
Charisma is being able to sell a tomato based fruit salad.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Mon Dec 14, 2015 10:59 am
by Inquisitor
Now I am hungry.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Mon Dec 14, 2015 11:02 am
by TrueTexan
senorgrand wrote:Seems like a no harm, no foul by both parties (although uncomfortable for both), until you get to:
begemot wrote: Who berates an armed man in the middle of the forest?
Certainly within her right to free speech, but probably not the wisest thing to do.

What's that old saying? Intelligence is knowing that a tomato is a fruit; wisdom is not putting it in a fruit salad.
A tomato is a vegetable by an act of the GOP congress and St. Ronnie. When Catsup was declared a veggie. :D

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Mon Dec 14, 2015 11:22 am
by Stiff
If the gun is intentionally pointed at your friend, then it's assault with a deadly weapon. If he shoots and kills your friend then it's murder.

If the gun is unintentionally pointed at your friend, then it's an accident. If he shoots then it's negligence, if he kills your friend then it's manslaughter.

If he doesn't draw the gun then it's a non event. If he draws but doesn't point it at your friend then it's a non event. If he looks funny at your friend then he might like her.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Tue Dec 15, 2015 6:05 pm
by gator68
senorgrand wrote:
What's that old saying? Intelligence is knowing that a tomato is a fruit; wisdom is not putting it in a fruit salad.
I read this ... Then tonight at dinner:
Image

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Tue Dec 15, 2015 7:28 pm
by senorgrand
That's just wrong.

Re: Possible Negligence With A Gun? If So should It Be Repor

Posted: Wed Dec 16, 2015 5:51 am
by gator68
China!