[dewilson58]

Originally Posted by Boston-Sean

Here is an attorney who specializes in Firearms law (Unlike all of us posting here) doing an analysis of Baldwins case. Towards the end he references an appeal of a Felony Manslaughter conviction where the New Mexico Supreme court said it didn't matter who loaded the gun. Only that the gun was handled improperly.

[url=https://www.youtube.com/watch?v=NVZWVDgErpE]Legal Analysis: Alec Baldwin Situation Beginning to Look a Lot Like Manslaughter - YouTube[/url]

[golfing eagles]

Originally Posted by Boston-Sean

It's good to know that I can speed down a highway at 100 MPH and if I crash and kill someone I can't be charged with the death because I didn't intend to kill anyone.

That's not what the law states.

[manaboutown]

2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 2 - Homicide
Section 30-2-5 - Excusable homicide.

Universal Citation: NM Stat § 30-2-5 (2020)
Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or


2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 2 - Homicide
Section 30-2-8 - When homicide is excusable or justifiable defendant to be acquitted.

Universal Citation: NM Stat § 30-2-8 (2020)
Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged.

020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 7 - Weapons and Explosives
Section 30-7-4 - Negligent use of a deadly weapon.

Universal Citation: NM Stat § 30-7-4 (2020)
A. Negligent use of a deadly weapon consists of:

(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;

(2) carrying a firearm while under the influence of an intoxicant or narcotic;

(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or

(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.

C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.

[golfing eagles]

Originally Posted by manaboutown

2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 2 - Homicide
Section 30-2-5 - Excusable homicide.

Universal Citation: NM Stat § 30-2-5 (2020)
Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or


2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 2 - Homicide
Section 30-2-8 - When homicide is excusable or justifiable defendant to be acquitted.

Universal Citation: NM Stat § 30-2-8 (2020)
Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged.

020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 7 - Weapons and Explosives
Section 30-7-4 - Negligent use of a deadly weapon.

Universal Citation: NM Stat § 30-7-4 (2020)
A. Negligent use of a deadly weapon consists of:

(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;

(2) carrying a firearm while under the influence of an intoxicant or narcotic;

(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or

(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.

C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.

So the $64,000 question would be: What constitutes "usual and ordinary caution"? (In New Mexico)

My second question would be: Having killed someone through negligence, why is it a "petty misdemeanor"?

[manaboutown]

Originally Posted by golfing eagles

So the $64,000 question would be: What constitutes "usual and ordinary caution"? (In New Mexico)

My second question would be: Having killed someone through negligence, why is it a "petty misdemeanor"?

Beats me. Hopefully some caselaw interpreting the meaning of these statutes exists in NM. It is a small state population-wise unlike NY and CA so its body of caselaw is very small.

[Caymus]

Originally Posted by JSR22

I would be shocked if he is convicted. Personally, I believe it was a terrible accident and he should not be convicted of any crime.

Any crime? The best he can hope for is to be convicted of a civil crime. Does he have enough $$$$ to settle out of court?

[golfing eagles]

Originally Posted by Caymus

Any crime? The best he can hope for is to be convicted of a civil crime. Does he have enough $$$$ to settle out of court?

"civil crime"????? Now that's the classic definition of an oxymoron

PS: to anyone out there who thinks of it, a tort can't be both at the same time

[JMintzer]

Originally Posted by Carla B

I'm sorry, without reading through pages and pages of this thread to look for the answer, will someone take pity and tell me why real guns with real bullets are even used on a movie set?

Real guns are used to shoot blanks...

Real (live) ammo should never be on a movie set...

[dewilson58]

Originally Posted by JMintzer

Real guns are used to shoot blanks...

Don't need real guns to shoot blanks.

[JMintzer]

Originally Posted by dewilson58

Don't need real guns to shoot blanks.

Unless you're making a vasectomy joke, yes you do...

[dewilson58]

Originally Posted by JMintzer

Unless you're making a vasectomy joke, yes you do...

Starter guns "cannot fire real ammunition" without first being extensively modified: Blank shells or caps are used to prevent expelling projectiles, and only a small amount of smoke can be seen when shot.

and

A starter's pistol having no bore through its barrel, and thus capable only of discharging blank cartridges, is not a firearm nor is it a dangerous weapon as that term is defined by the Legislature.

[dewilson58]

Originally Posted by JMintzer

Unless you're making a vasectomy joke, yes you do...

Here is more for you:

Blank Firing Guns and Blank Ammunition for Sale
Blank Firing Guns: Our authentic Blank Firing Replica Guns are ideal for re-enactment, theatrical are training purposes. Many of our Blank Guns can be seen in movies such as Dances with Wolves, Open Range, True Lies, Lethal Weapon, The Body Guard, Die Hard, The Untouchables, Silverado, and many other Hollywood hits. The single, double, or semi-automatic action of these replica blank firing rifles and pistols work like the originals and have been faithfully reproduced. All of our blank firing replicas are made of metal construction and are proof-tested.
They cannot be made to fire real ammunition.

[JMintzer]

Originally Posted by dewilson58

Here is more for you:

Blank Firing Guns and Blank Ammunition for Sale
Blank Firing Guns: Our authentic Blank Firing Replica Guns are ideal for re-enactment, theatrical are training purposes. Many of our Blank Guns can be seen in movies such as Dances with Wolves, Open Range, True Lies, Lethal Weapon, The Body Guard, Die Hard, The Untouchables, Silverado, and many other Hollywood hits. The single, double, or semi-automatic action of these replica blank firing rifles and pistols work like the originals and have been faithfully reproduced. All of our blank firing replicas are made of metal construction and are proof-tested.
They cannot be made to fire real ammunition.

Thanks for the info... I guess you CAN teach an old dog new tricks...

[manaboutown]

‘Rust’ armorer breaks silence on Alec Baldwin shooting incident, blames producers for unsafe conditions | Fox News

Alec Baldwin '''Rust''' shooting: 4th person handled gun before fatal incident, search warrant says | Fox News

[JSR22]

Originally Posted by manaboutown

‘Rust’ armorer breaks silence on Alec Baldwin shooting incident, blames producers for unsafe conditions | Fox News

Alec Baldwin '''Rust''' shooting: 4th person handled gun before fatal incident, search warrant says | Fox News

I would believe the man on the moon before fox.