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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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accidental discharged a firearm once into dirt no damage to

Resolved Question:

accidental discharged a firearm once into dirt no damage to anything
Submitted: 11 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 11 months ago.
Thank you for using Just Answer.

I would like to try to assist you if I can, but I'm not clear on your question.

Were you arrested for this, or charged with a crime? Or are you asking if you could be?
Customer: replied 11 months ago.

hwat kind of crime could I be charged and how stiff the penalty iv hunted all my life and with out that

Expert:  RobertJDFL replied 11 months ago.
Thank you for your reply.

Depending on where this happened, you can be charged with unlawful discharge of a firearm on or near prohibited premises. It is a misdemeanor, though if it caused harm to another (which I doubt a shot into the ground did) you can be charged with a felony. Here is the statute:

923.162 Discharge of firearm on or near prohibited premises.

 

(A) No person shall do any of the following:

(1) Without permission from the proper officials and subject to division (B)(1) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery;

(2) Subject to division (B)(2) of this section, discharge a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution;

(3) Discharge a firearm upon or over a public road or highway.

(B)

(1) Division (A)(1) of this section does not apply to a person who, while on the person's own land, discharges a firearm.

(2) Division (A)(2) of this section does not apply to a person who owns any type of property described in that division and who, while on the person's own enclosure, discharges a firearm.

(C) Whoever violates this section is guilty of discharge of a firearm on or near prohibited premises. A violation of division (A)(1) or (2) of this section is a misdemeanor of the fourth degree. A violation of division (A)(3) of this section shall be punished as follows:

(1) Except as otherwise provided in division (C)(2), (3), or (4) of this section, a violation of division (A)(3) of this section is a misdemeanor of the first degree.

(2) Except as otherwise provided in division (C)(3) or (4) of this section, if the violation created a substantial risk of physical harm to any person or caused serious physical harm to property, a violation of division (A)(3) of this section is a felony of the third degree.

(3) Except as otherwise provided in division (C)(4) of this section, if the violation caused physical harm to any person, a violation of division (A)(3) of this section is a felony of the second degree.

(4) If the violation caused serious physical harm to any person, a violation of division (A)(3) of this section is a felony of the first degree.

You don't say where this happened -but as you can see from the statute - if it happened on your own property, assuming no one got hurt, it's not unlawful at all, but otherwise could be charged at the very least, as a misdemeanor.

Do you have any reason to suspect that you are going to be arrested or charged for this? Did someone report the matter to the police?

Customer: replied 11 months ago.

it was in town on my own property and accidental nothing was hurt the police came and took all of my guns didn't charge me yet wanted to talk to the Belmont county ohio prosicuter

Expert:  RobertJDFL replied 11 months ago.
I think you should be okay. Look at Section B(1) of that statute - which says 923.162 does not apply to persons who discharge the firearm on their own property. Clearly, that would be different if you damaged property or hurt someone, but neither occurred.

While I cannot obviously say for certain what the outcome will be, I have to think the prosecutor reviewing this file is going to see that there is no case to be made here and not file anything, and your guns will be returned to you.
Customer: replied 11 months ago.

thank you for the advice my mom died 5 days ago and my wife who is divorcing me nevr even showed at the showing or funeral and I don't even know what I was thinking ..I pulled the hammer back and tried to release it and my thumb slipped off but I was just pointing it at the ground thanks again XXXXX XXXXX

Expert:  RobertJDFL replied 11 months ago.
No problem. Kindly remember to leave a positive rating, as that is the only way I am paid for my assistance. Good luck to you.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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