It is an unfortunate reality that accidents do happen. Although statistically infrequent, accidental shootings do occur. An accidental shooting refers to a situation where a firearm discharges unintentionally, often resulting in property damage, personal injury or even death.
This definition covers a wide variety of scenarios: someone accidentally discharging a gun while cleaning or reloading it; hunters mistaking one another for prey; a shootout that wounds or kills bystanders; or a bullet fired in self-defense that hits the wrong target. Unintentional shootings also include incidents in which stray bullets enter homes and cars. Perhaps one of the most tragic scenarios is when a child finds a gun and mistaking it for a toy, unintentionally fires it, hurting himself or someone nearby.
In this article, we cover how big of a problem accidental shootings are, and ways to avoid them… and we answer the critical question posed in the title. Does legal defense protection (aka “CCW Insurance”) Cover Accidental Shootings? It pays to read further.
How Big of a Problem are Accidental Shootings?
In 2023, the Pew Research Center reported that in 2021, the most recent year for which data was available from the Centers for Disease Control (CDC), there were 549 accidental shootings resulting in death. Out of a U.S. population of approximately 331 million, the percentage of unintentional deaths was very small, but to the 549 affected families, each one was a profound tragedy.
READ MORE: What the data says about gun deaths in the U.S.
Of course, the CDC data does not include the number of unintentional shootings that did not result in death, such as an accidental discharge while cleaning a firearm, or a hunting accident where someone was seriously injured (e.g., loss of limb, paralysis, etc.)
Gopher Hunters Charged for Accidental Discharge at Hotel
This relatively recent case from 2023 demonstrates that accidental shooting incidents that result only in property damage can lead to charges and expensive legal bills.
After receiving a report of a gun shot at a hotel, police descended on the property. An investigation revealed that three elderly men had accidentally fired a rifle in their room.
A local news report cited a police press release saying, “The males didn’t realize the bullet had (gone) through the headboard in their room and made its way into the room next to them. The males were hunting gophers in a rural area earlier and didn’t realize one of the rifles was still loaded when they were putting them away.”
Two of the men were charged with unsafe storage of a firearm, and the third was charged with careless use of a firearm.
Although this incident occurred in Canada, it can happen anywhere in the United States, and it has.
READ MORE: Gopher hunters charged after gun accidentally fired in Weyburn hotel
How to Avoid Accidental Shootings
Avoiding an unintentional discharge of a firearm is always a top priority for responsible gun owners. Whether hunting, carrying a concealed pistol, traveling with a gun, storing guns at home, practicing or competing on the range – in all these scenarios the risk of an accidental discharge exists.
Of course, the best way to avoid an accidental shooting is to follow the Three NRA Rules of Gun Safety when handling guns:
- ALWAYS keep the gun pointed in a safe direction. It’s been said many times that every bullet has a lawsuit attached to it. Should a stray bullet hit a bystander, someone behind a wall, or a fellow hunter downrange, you will most likely be held accountable for any damage to property or injury. Remember that bullets can easily pass through multiple layers of drywall (as the Gopher hunters in the example above discovered).
- ALWAYS keep your finger off the trigger until ready to shoot. The best safety is your brain and trigger finger. Keep your finger outside the trigger guard until you are ready to shoot.
- ALWAYS keep the gun unloaded until ready to use. A good rule of thumb is to assume the gun is always loaded, even if you just cleared it a few minutes ago.
Other precautions include:
- Never Rely on the Safety Mechanism: Of course, always make sure the gun’s safety is engaged when not in use, if it has one, but never rely on mechanical safety as a substitute for following the Three NRA Rules of Gun Safety. Mechanical things break and malfunction.
- Never Clean or Work on a Gun With Ammunition Nearby: Keep ammunition away from your workspace when cleaning or repairing a firearm, whether you are in the field, at the range, or your residence.
- Proper Storage: Store firearms unloaded and secured in a locked safe or cabinet, with ammunition stored separately.
- Regular Maintenance: Perform regular checks and maintenance on your firearm to ensure it is in good working condition.
- Training and Education: Take firearms safety courses and practice proper handling techniques. Ensure that all users of the firearm are properly trained.
- Clear and Inspect: Always check that a firearm is unloaded before cleaning, storing, or handling it in any way.
- Avoid Distractions: Be fully focused and avoid handling firearms while distracted or under the influence of drugs or alcohol.
By following these practices, gun owners can significantly reduce the risk of accidental discharges and enhance overall safety.
Does Legal Defense Protection Cover Accidental Shootings?
As of this writing, Second Call Defense IS THE ONLY offering (that we are aware of) that specifically covers damage and legal bills resulting from the accidental discharge of your firearm. Second Call Defense offers up to $50,000 in property damage coverage for accidental shooting incidents.
Not every District Attorney or law enforcement officer believes you have the right to self-defense, and an ideological prosecutor may choose to bring criminal charges against you. Even if you successfully defend yourself in court on criminal charges, an unscrupulous lawyer can bring a civil suit against you from the aggrieved family of your attacker. These aren’t hypotheticals, people just like you have faced these situations.
Ask yourself these questions, and if the answer is “no” to any of them, chances are you need CCW insurance:
- Do you have an attorney on retainer skilled in defending against criminal charges?
- Do you have an unlimited budget to pay out-of-pocket for your legal defense bills?
- Do you have at least $100,000 in cash to pay a bail bondsman that you can afford not to get back?
- Do you have ready access to professional psychological counseling for post-incident treatment?
- Do you have legal protection against civil damages that could force you to sell your home, cars, guns, and other assets to pay a judgment?
READ MORE: When It’s Too Late to Buy CCW Insurance
Second Call Defense provides a range of services for Members that include immediate access to an attorney, coverage for legal expenses and even psychological support. This comprehensive approach ensures that Members are not only financially protected but also have immediate and expert legal representation to navigate the complexities of self-defense laws.
Join Second Call Defense Today
Second Call Defense has a 100% success rate in defending our members. We ensure that you’re never alone in the aftermath of a self-defense incident and we will never ask you to pay us back for your legal defense. Click here to become a Member of Second Call Defense.