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Those aren’t the facts in that case (as found by the sentencing judge). Accused was not impaired and was not “playing around”. He was checking the firearm to ensure that it was not loaded when it accidentally fired.
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Yeah but he was doing it improperly which is why they got a conviction in my opinion.
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Mr. Penner failed to check whether the safety was engaged or to engage the safety. He also failed to remove the magazine. Mr. Penner suggests that because he did not attend the firearms safety class concerning semiautomatic weapons, he would not have known to remove the magazine before checking the chamber. However, Mr. Penner had previously used this firearm.(i) Mr. Penner also failed to safely control the direction of the firearm’s muzzle.
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So there's culpability there. He didn't know what he was doing and did it improperly. That's not even close to what happened with Stanley.