The Third Time's a Charm an Accident

**** POST UPDATED (12/06) SCROLL DOWN ****

If ever a news story begged to be blogged, this is it.

Pen-gun accident kills budding rap singer

December 5, 2005

ST. PARIS, Ohio --Steven Zorn had put the pen gun to his head and clicked before, thinking it was jammed and would not work.

But on the third try, the tiny, silver pistol went off as the 22-year-old budding rap singer was drinking to celebrate an impending record deal. He died later at the hospital.

The shooting happened Nov. 18 at Zorn's home in this rural village of 2,000, about 50 miles northeast of Dayton. Family, friends and law enforcement officials believe it was accidental.

Charles Darwin, please pick up the white courtesy telephone.

Naturally, the mother of the deceased is angry at the gun.

BAD GUN!

SIT!

"I've cried and cried so much, but I'm mad now," McCoy-Horn said. "Something's got to be done."

I couldn't agree more. I say we start by getting parents to raise their children to not be so utterly fucking stupid that they don't recognize the inherent dangers of pointing a loaded gun at one's head and pulling the trigger.

Is that too unreasonable?

UPDATE: File under "There Ought To Be a Law"

From the State of Ohio Firearms Laws:

Title 29. Crimes - Procedure

Chapter 2923. Conspiracy, Attempt, and Complicity; Weapons Control; Corrupt Activity

2923.11. Definitions. As used in sections 2923.11 to 2923.24 of the Revised Code:

(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

[snip]

(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;
(3) Any industrial tool, signalling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.

[snip]

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zipgun, or ballistic knife;

Got it? Good. Let's continue.

2923.15. Using weapons while intoxicated.

(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.

(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.

What? This upstanding citizen was ignorant of not only basic gun safety, but the state's gun laws as well? I'm stunned.

2923.17. Unlawful possession of dangerous ordnance.

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

[snip]

(C) Division (A) of this section does not apply to:

[OK, I won't cut n' paste this whole section, but trust me, budding young rap artists didn't make the cut - ed.]

(D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.

Again? Another violation of existing firearms laws by such an intelligent, upstanding young man? SHOCKING!

And, what of the sweet little cherub of a friend who gave him this thoughtful gift? Surely, he didn't do anything wrong.

2923.19. Failure to secure dangerous ordnance.

(A) No person, in acquiring, possessing, carrying, or using any dangerous ordnance, shall negligently fail to take proper precautions:
(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;
(2) To insure the safety of persons and property.

(B) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree.

2923.20. Unlawful transactions in weapons.

(A) No person shall:
(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordinance (sic) with purpose to dispose of it in violation of division (A) of this section;

[snip]

(4) When transferring any dangerous ordinance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;

[can we all agree that paperwork never made it to the sherff's desk? - ed.]

(B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree.

But just a FEW MORE gun control laws would have saved this young man's life, right, Mom?

UPDATE: After re-reading that, I'm not sure that a pen gun would necessarily fall under the definition of "dangerous ordnance" or not. I suppose it might all depend on your definition of "extemporized".

It seems that if such a pen gun is designed to be folded into a more conventional pistol shape (as these are), they might not be currently classified as AOW (any other weapon) and subject to any additional licensing requirements or transfer taxes.

Note: None of that changes the fact that this guy was probably the dumbest mother-fucker in Ohio, and no amount of legislation was going to prevent him from offing himself.