Exodus Strength

mbasic wrote: ↑Thu Mar 23, 2023 7:45 am yep, this is a mess

I feel there's plenty of blame to go all around and that will somehow, unjustly, exonerate everyone.

RIP cinematographer-lady

Close enough, latest from New Mexico from what I'd gathered:

Hall, the First Assistant Director, who was the first to talk to Police and agreed a deal with them on the wording of the charges that included negligent use of a deadly weapon.

He's an experienced film guy, with over 80 credits, including Matrix Reloaded. But for not doing his job, by checking every round in the weapon on this set, he was convicted on Friday.

A six-month suspended sentence with unsupervised probation, a $500 fine, 24 hours of community service and a firearms safety class.

That sentence doesn't seem to reflect the fact that a person, Halyna Hutchins, actually died because of his part in this sorry mess.

GlasgowJock wrote: ↑Sun Apr 02, 2023 2:00 pm That sentence doesn't seem to reflect the fact that a person, Halyna Hutchins, actually died because of his part in this sorry mess.

I think this is just a criminal case.
I would imagine a civil case ('wrongful death') is coming.
A big chunk of money really doesn't amount to justice in my mind.

I would only hope, at least, some of these fuckers can't get a job in their profession going forward. (armorer, etc.)

If they filming continues, I would guess the movie has more ticket sales now, due to the macabre factor attached to it or whatever.

mbasic wrote: ↑Mon Apr 03, 2023 4:34 am I think this is just a criminal case.
I would imagine a civil case ('wrongful death') is coming.

Aye indeed, it's my understanding the civil case has understandably been paused until criminal proceedings have concluded.

This was a workplace accident. Corporate liability shields protect the individuals involved. Regardless, I believe Rust Movie Productions LLC has already settled with the husband.

aurelius wrote: ↑Tue Apr 04, 2023 7:13 pm This was a workplace accident. Corporate liability shields protect the individuals involved. Regardless, I believe Rust Movie Productions LLC has already settled with the husband.

This is in no way a correct understanding of corporate vs individual liability.

mikeylikey wrote: ↑Wed Apr 05, 2023 8:02 amThis is in no way a correct understanding of corporate vs individual liability.

How so?

My understanding: This was a work place accident where proper procedure was not followed by multiple people including the deceased. Would they not have to prove gross negligence to go after Baldwin personally? I understand gross negligence to be a high bar.

And the husband did settle with Rust LLC. They made him an executive producer. I don’t see Baldwin (a stakeholder) agreeing to that settlement if he could still be sued personally.

aurelius wrote: ↑Thu Apr 06, 2023 11:51 am My understanding: This was a work place accident where proper procedure was not followed by multiple people including the deceased. Would they not have to prove gross negligence to go after Baldwin personally? I understand gross negligence to be a high bar.

I don't believe you are correct. Amateur legal opinions follow:

Let's be careful with terminology. Most jurisdictions have 'negligence' and 'recklessness'. Negligence meaning you have a duty to act with due care and don't, including by honest mistake or accident. Simple negligence is not usually criminal*, but is usually sufficient for civil liability if it results in harm. Recklessness means you willfully disregarded some important standard of care or safety. Recklessness is normally the threshold for criminal* jeopardy, but of course can still result in civil liability as well. I assume you are using "gross negligence" to mean recklessness and not simple negligence.

That an accident occurs in the workplace does not shield the individual actor from liability. It is probably often the true that for a significant injury to happen in a modern workplace, there probably were more than one rule that was broken leading up to the mistake, and thus it is easier to argue the case against the organization than any one individual. But there is nothing that would prevent you from, say, personally suing a crane operator who dropped a beam on your foot through simple negligence. However this doesn't usually happen because the employer usually has the deepest pockets, either in sufficient insurance or assets to satisfy the damages, and certainly more than you would get from the operator personally. And as long as it was simple negligence, the operator also won't likely be criminally charged.

The Baldwin case is atypical because Alec Baldwin most likely has far more assets than the shell company that was making Rust. Hence the suit of him personally, which I believe alleges simple negligence. Presumably this was filed by a competent attorney who would know if it was fundamentally possible to sue an individual for negligence in the workplace. Not that that means the suit will be successful but you can generally assume that decent attorneys are not going to miss basic questions of whether a court has personal jurisdiction.

*Relevant: negligence CAN be nominally criminal if a statute says it is... there are plenty of such statutes, often involving negligence in the use of a dangerous object like a car or a gun. Crimes of simple negligence are usually misdemeanors if there aren't aggravating factors.

The decent attorneys could also pass on the case, leaving shittier attorneys as the only options to bring it.

But wait...
The special prosecutors, Kari Morrissey and Jason Lewis, released a statement late Thursday regarding the decision to drop his charges, saying they may be refiled after “further investigation.”

“Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander “Alec” Rae Baldwin, III. Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form. We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation. This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and on-going.”

Here's how Paul deals with criticism. He's pedantic, but kinda funny and might even put you to sleep a la Bob Ross:

Has anyone seen an XM7 full auto on the real ammo video yet?

5hout wrote: ↑Thu May 18, 2023 11:58 am Has anyone seen an XM7 full auto on the real ammo video yet?

Nope.

I did see Brandon Herrera's review of the .308 semi civil version....
....only thing I really took away from it is how heavy it was.

That mag jam thing is disconcerting, but maybe that's just on the .308 version and/or would be an easy fix I'd think.

Also learned it had removal feed ramps?

mbasic wrote: ↑Thu May 18, 2023 12:48 pm

5hout wrote: ↑Thu May 18, 2023 11:58 am Has anyone seen an XM7 full auto on the real ammo video yet?

Nope.

I did see Brandon Herrera's review of the .308 semi civil version....
....only thing I really took away from it is how heavy it was.

That mag jam thing is disconcerting, but maybe that's just on the .308 version and/or would be an easy fix I'd think.

Also learned it had removal feed ramps?

TBH most of my "battle rifle" shooting is a 1911 mag taking AR in .45 that has that exact issue. I put up with it, b/c it's a silly gun. It is insane to me that this can happen so easily on a newly adopted rifle. If for some insane reason I need to take this gun off to hunt bears I'd JB weld in an over-insertion stop.

It's like the adopting of the pistol despite the drop safe thing, it just feels like they are in full blown 1974 fresh out of Vietnam "let's adopt a bunch of experimental stuff b/c we're done with real fighting for a while" mode. You could also say this about the P. Truman administration pre-Korea.

5hout wrote: ↑Thu May 18, 2023 12:58 pm It is insane to me that this can happen so easily on a newly adopted rifle. If for some insane reason I need to take this gun off to hunt bears I'd JB weld in an over-insertion stop.

Maybe its a quirk with those 308 models, and not the military version 277.

But I have a hunch those two rifles use the same mag/mag well design/basic specs ....as those two rounds seem like they are the same basic size (like 556 & 300BLK).

Its probably an easy fix.

In re: the Alec Baldwin case, where charges were dismissed pending additional forensic analysis of the gun:

New firearms report casts doubt on Alec Baldwin’s ‘Rust’ account

In his 30-page report, Haag said he was asked to assess the operation and condition of the weapon at the time of the incident. He described taking possession of the prop gun from the Santa Fe County Sheriff’s Office, where it has been stored in evidence. Haag said he needed to rebuild the weapon to complete his analysis.

“The full-cock step on the hammer had been severely damaged, the top of the trigger’s sear was broken off and the bolt (cylinder stop) was also broken,” Haag wrote.

Haag said he then installed a new bolt and “the trigger and hammer from a new, unfired Pietta 1873, .45 Colt, [single/action] revolver.”

“Upon reassembly, the evidence revolver was found to function properly and in accordance with the operational design of original Colt 1873 single-action revolvers,” wrote Haag, who owns Arizona-based Forensic Science Services Inc.

Charges against Alec Baldwin could be refiled as forensic report shows trigger on gun used in ‘Rust’ shooting had to be pulled

Independent testing on the weapon used in the fatal 2021 shooting on the set of the film “Rust” shows the trigger had to be pulled, the gun fired normally and it did not malfunction,

The new testing by examiners in New Mexico was conducted using a replacement “hammer, trigger/sear and bolt,” according to their report, rather than the gun’s original components. The weapon – broken during tests run by the FBI and inoperable when Forensic Science Services got it – then was returned to operable condition.

“If the hammer had not been fully retracted to the rear and were to slip from the handler’s thumb without the trigger depressed, the half cock or quarter cock notches in the hammer should have prevented the firing pin from reaching any cartridge in the firing chamber,” it reads.

The whole point of the testing and retesting was whether the hammer could have slipped off the sear and thus struck the primer absent a pull of the trigger. And this seems to claim that they have conclusively proven it could not have, using a new hammer and sear.

I expect reporters to be confused about how guns work but not gun experts who get paid to write reports like this for prosecutors. I guess I expect too much of people.

Bolt? I'm not up to date on my antique firearm mechanisms, but, waht?


Edit: Today I learned.

MA state legislature is gearing up to hose gun owners with full force.

Ma HD 4420

- requires registration of magazines
- full ban on muh assault rifles
- Ban on concealed carry on a number of public property types and ALL private property without express permission from owner.
- Other horrendous things

They're doubling down after getting their hands slapped by Bruen.

mikeylikey wrote: ↑Wed Aug 16, 2023 10:43 amThe whole point of the testing and retesting was whether the hammer could have slipped off the sear and thus struck the primer absent a pull of the trigger. And this seems to claim that they have conclusively proven it could not have, using a new hammer and sear.

“The full-cock step on the hammer had been severely damaged, the top of the trigger’s sear was broken off and the bolt (cylinder stop) was also broken,” Haag wrote.

“Upon reassembly, the evidence revolver was found to function properly and in accordance with the operational design of original Colt 1873 single-action revolvers,”

The rebuilt firearm worked perfectly! That wasn't the question being asked.

Question that will never be answered: was the firearm damaged during the production (leading credence to Baldwin's explanation) or did the police mishandle the firearm? Nevermind. The FBI damaged it. What could the FBI do in testing to damage it so much to make it inoperable? Sounds fishy.

This is reasonable doubt. No wonder the prosecutors that got stuck with the case dropped the charges.

mbasic wrote: ↑Thu May 18, 2023 12:48 pm That mag jam thing is disconcerting, but maybe that's just on the .308 version and/or would be an easy fix I'd think.

The AR-10 (.308 variant of the AR-15) had issues with the .308 cartridge. The XM7 seems derivative of the AR-15 design. If so, it would inherent the same issues feeding the .308 cartridge.

In short, the .308 is a popular civilian round. So Sig puts out a modified rifle in that cartridge. The XM7 is designed to shoot the 6.8x51mm.

*Just looked on Sig website. The new production MCX-Spear LT is only offered in 7.62x39mm, .300 blackout, or 5.56. Maybe they are correcting for that problem?

aurelius wrote: ↑Wed Aug 16, 2023 11:34 am
Question that will never be answered: was the firearm damaged during the production (leading credence to Baldwin's explanation) or did the police mishandle the firearm? Nevermind. The FBI damaged it. What could the FBI do in testing to damage it so much to make it inoperable? Sounds fishy.

This is reasonable doubt. No wonder the prosecutors that got stuck with the case dropped the charges.

https://www.latimes.com/entertainment-a ... ger-pulled

The FBI report said that during testing, analysts could not fire the gun when the hammer was cocked, unless they pulled the trigger. However, the report did note that when the hammer was in the “rest” position, the gun could fire “without a pull of the trigger when the hammer was struck directly” by another object.

I'm not sure what it accomplished to break the gun in order to prove the gun was not broken.

Obviously this is the same LIBERAL FBI that botched the Crooked Hillary investigation and came up with the SHAM 20216 Russia collusion SAD hoax protecting Baldwin who hates and does a very un-funny impersonation of TRUMP.