HAR §7-9-16. Firearm, discharging; through carelessness

(a) A model specification for the offense of firearm, discharging; through carelessness shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, through carelessness, discharge a (service rifle) (_____________________) in the (squadron) (tent) (barracks) (_____________________ compartment) (_____________________) of _____________________." Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 12 of 23) (b) The elements of the offense of firearm, discharging; through carelessness shall be as follows: (1) That, at the time and place alleged, the accused discharged a firearm; (2) That the discharge was caused by the carelessness of the accused; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section, "carelessness" means negligence. It means the absence of ordinary care. It is an act or failure to act on the part of a person who is under a duty to use due care which demonstrates a lack of care which a reasonably careful person would have used under the same or similar circumstances. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP