The late YouTuber Paul Harrell was practically an institution when it comes to the online firearm community. Harrell was an active YouTube creator for over a decade, uploading more than 400 videos of educational content on the safe and lawful enjoyment of hunting and shooting sports. Harrell’s health declined in 2023, and he passed away in 2024, but his brother Roy has continued to maintain his channel and provide helpful information on firearm safety and best practices to over one million subscribers.
Paul Harrell’s output covered a lot of ground, but one piece of content we felt was particularly helpful was his video on the Most Common Types of Negligent Discharge. A negligent discharge is a type of accidental discharge where the firearm owner or operator takes some action or fails to take some action that leads to a firearm discharging when the owner or operator did not want it to. A negligent discharge event can lead to liability for a gun owner or operator, due to the potential for damage to property and injury to third parties.
Harrell’s explanation of the risk goes into great detail and is worth watching in full. The eight points which follow summarize some of the key points of the video about negligent discharge risks that affect firearm owners and operators.
1. Improper Management of a Manual Safety
A manual safety is a device that’s standard on a large number of firearms. It’s designed to reduce the likelihood of a gun owner or operator discharging a firearm either accidentally or negligently. However, it’s important to remember that no safety device is foolproof, especially if it is not properly utilized.
For example, Harrell points out that a gun owner or operator could load a magazine into a pistol and rack the slide to chamber a round. They then could place the firearm into their holster without remembering to engage the manual safety. While neglecting to engage the safety would be one mistake that creates an unsafe condition, it would take an additional mistake, such as placing a finger on the trigger, to create a situation where a negligent discharge could occur.
2. Failure to Properly Manipulate an Exposed Hammer
In some firearms, when the slide is racked and a round is chambered, an exposed hammer mechanism is cocked back to prepare to fire. It is possible to engage the safety and then holster and carry the firearm in this configuration. However, some gun owners and operators may prefer to carry their firearm without the hammer in this position.
Harrell notes the sequence of actions required to safely lower the hammer to a half-cocked position must be completed in the proper order. For example, an operator should ensure their finger is not on the trigger when lowering the hammer. Otherwise, it is possible for a finger to slip off the hammer and a negligent discharge to occur.
3. Use of the Wrong Type of Holster
A wide variety of holsters are available, yet not all are appropriate for a particular firearm. It’s important to use a holster that is designed for use with the firearm in question. Otherwise, the wrong kind of holster could leave part of the firearm uncovered, such as the safety or the hammer.
Harrell gives the example that if the gun owner or operator then brushes up against something, like a seatbelt while getting out of a car or vegetation while walking through the woods, the safety could become disengaged or the hammer could become cocked. Not expecting such a condition, the owner or operator could place a finger on the trigger and a negligent discharge could occur.
4. Failure to Manage Ammunition in an Autoloader
With a firearm that takes a magazine, it is possible to have a negligent discharge by failing to safely manage its ammunition. On the one hand, it is possible for a firearm to negligently discharge even without the presence of the magazine. Harrell gives the example of an operator who could have loaded a magazine, chambered a round and then removed the magazine without remembering to take the round out of the chamber. An unsafe condition now exists and a negligent discharge could occur if the operator or someone else forgets to check whether there is a round in the chamber and negligently pulls the trigger.
Another example given involves a similar type of negligent discharge where the operator of an autoloader unloads the firearm in the wrong sequence. By removing a chambered round while a magazine is still in place, another live round could be introduced into the chamber when the slide returns. Like the previous example, an unsafe condition exists where a negligent discharge could occur if the operator fails to check the chamber again and then pulls the trigger.
5. Improper Management of Ammunition in a Revolver
Some negligent discharge risks are specific to revolvers. There are circumstances where a hunter or sportsman may decide to lower the hammer of a cocked revolver without taking a shot. This could occur for a number of reasons. Perhaps a rabbit darted out of view while hunting, or something interrupted a target practice session. In any case, when the hammer on a revolver is lowered without firing, a live round is rotated out of firing position.
Harrell points out that if the round is rotated back into firing position by successive trigger pulls, a negligent discharge can occur. Remember that it is possible to discharge a revolver even after hearing one or more clicks on an empty chamber. A similar situation can occur when a revolver is partially loaded. The operator may believe the live round is being rotated out of firing position when it is being rotated into firing position.
6. Failure to Visually and Physically Confirm an Empty Chamber
Some firearms are equipped with a loaded chamber indicator. This mechanical device can indicate when a firearm has a round in the chamber. While these devices are useful, it’s good to remember that no mechanical device is foolproof. It could malfunction and indicate an empty chamber when a live round is present. If the safety were then disengaged and the trigger pulled, a negligent discharge could occur.
Harrell notes that while he tends to trust a loaded chamber indicator when he intends for a round to be chambered, he does not trust the indicator when he intends for the chamber to be empty. For maximum safety, he instead visually confirms with his eyes and physically confirms by touch that the chamber is empty.
7. Improperly Maintaining an Empty Firearm
Many negligent discharges involve a firearm owner or operator believing a firearm is empty when it is not. There are many situations where a firearm operator intends to carry an unloaded firearm, yet negligently takes some action that introduces a live round to chamber.
Harrell points out that whether in the military, in law enforcement duty or during civilian activities, simply operating the slide to confirm that a firearm chamber is empty could chamber a round if a loaded magazine is attached to firearm.
8. Failure to Safely Handle a Negligent Discharge Event
A negligent discharge is always unexpected. Even in cases where the firearm discharges in a safe direction and no persons or property are harmed in the event, the gun owner or operator is likely to be rattled.
Harrell emphasizes the risk that one negligent discharge event is a risk for another. Without thinking, the person operating the firearm may pull the trigger a second time without thinking. If another round is now in firing position, the firearm could negligently discharge again.
Risk of Liability With a Negligent Discharge Event
From a risk management perspective, a number of outcomes are possible if a gun owner or operator does have a negligent discharge. If the firearm operator is practicing firearm safety best practices, the firearm should always be pointed in a safe direction, away from people and property. If a negligent discharge occurs in a safe direction, the outcome may be that the owner or operator learns a valuable lesson and practices greater care when handling firearms.
However, other outcomes are possible. It is possible for a negligent discharge to result in an injury to a third party or damage to their property. Even though the incident was not intentional and was due to a mistake, the owner or operator of the firearm could face legal liability for the harm or damages caused.
In these circumstances, insurance may be able to provide some protection. Lockton Affinity Outdoor offers Personal Firearm Liability coverage for gun owners and operators that can protect against the resulting accidental injury to third parties.
Our Personal Firearm Liability provides protection for:
- Accidental discharge coverage
- Hunting and shooting accident liability
- Lost or stolen firearm liability
- Lawful personal defense
- Civil suit defense and damages
Every gun owner and operator hopes to avoid having a negligent discharge incident, especially one where someone is injured or property is damaged. Paul Harrell’s tips on negligent discharge are good advice, and may help minimize your risk of an incident. But for added protection, you may still wish to obtain insurance.
Learn more about Personal Firearm Liability online at Lockton Affinity Outdoor.