Gregory Kielma • September 29, 2025
Can a loaded firearm go off without pulling the trigger?
Can a loaded firearm go off without pulling the trigger?
Says Gregg Kielma firearms trainer and firearm enthusiast,
I have never had a firearm discharge by itself. I’ve dropped a few, not many at all, however, never had a negligent discharge, ever. Can it happen? I understand the Sig 320 semi auto firearm when accidentally dropped has discharged. Check out the reviews on this firearm. Would I own a Sig P320, no. Would I own the Sig P365 and carry it absolutely.
Negligent discharge refers to the unintentional firing of a firearm due to carelessness or failure to follow safety protocols, and it can have serious legal and personal consequences.
Definition and Distinction
• Negligent Discharge:
This occurs when a firearm is unintentionally fired due to a lack of care or failure to adhere to basic safety rules. It is often the result of human error, such as improper handling or not keeping the finger off the trigger.
• Accidental Discharge:
In contrast, an accidental discharge typically involves mechanical failures or unexpected events, rather than human negligence. Many experts argue that what is often labeled as an accidental discharge is actually a negligent discharge.
Legal Implications
• In some jurisdictions: such as California, negligent discharge is defined legally under Penal Code § 246.3. It involves willfully discharging a firearm in a grossly negligent manner, which could result in injury or death. This can lead to misdemeanor or felony charges, with penalties including imprisonment.
• To be convicted of negligent discharge:
it must be proven that the individual acted with gross negligence, meaning a reasonable person would have recognized the risk involved in their actions.
Causes of Negligent Discharge
• Human Error:
Most negligent discharges occur due to carelessness, such as failing to follow firearm safety rules, improper handling, or leaving a firearm unsecured.
• Poor Trigger Discipline:
A common cause is improper trigger finger placement, where the shooter inadvertently pulls the trigger while handling the firearm.
Prevention Strategies
• Follow Safety Rules:
Adhering to fundamental firearm safety rules can significantly reduce the risk of negligent discharges. These include treating every firearm as if it is loaded, keeping the finger off the trigger until ready to shoot, and ensuring the firearm is pointed in a safe direction.
• Proper Training:
Comprehensive training on firearm safety and handling can help prevent negligent discharges by educating users on the risks and responsibilities of firearm ownership.
Conclusion
Negligent discharge is a serious issue in firearm safety that can lead to severe consequences, both legally and personally. Understanding its definition, causes, and prevention methods is crucial for responsible firearm ownership and safety. By following established safety protocols and receiving proper training, the likelihood of such incidents can be minimized.
Lets take a look at what Andrew said recently on my blog
Complex Question.
I’ve dropped a Glock 9mm right on the back of the slide from 6′… no discharge.
I’ve dropped a flattop old model .44 mag Ruger from 4′ and blew a hole through the ceiling missing me by 3″ or less.
I've fired an M60 belted to the max, removed the trigger group and let the ammo fly until the rounds cooked off before the firing pin hit…ie. we removed the trigger in a fully automatic belted firearm.
I've had a 9mm AR15 platform go off when I released the bolt group. Just like and old school Ingram Mac 45 that has a fixed firing pin and fires from an open bolt… i.e. cocked back just far enough not to engage the trigger, but the spring was heavy enough to cause the fixed firing pin to strike the primer.
So… I've personally had 4 out of 5 experiences where I didn't pull the trigger and the gun discharged.
So accidentally dropping a loaded old school revolver that didn't have that additional safety installed but had a load under the hammer when it should have been empty.
So…Do guns discharge without pulling the trigger.
It depends on the firearms. Knowledge is king. Research what you are purchasing, get opinions from Gunsmiths ask the critical questions. Know before you buy!
They only fire when something, a physical action, initiates the gun to go fire. If the mechanical failure is with the hammer and trigger systems, yes, they can fire…but that's a mechanical failure ie. dropped or misuse of the firearm.
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Convicted Felon Sentenced to 87 Months in Trafficking Nine Firearms, Including to Buyer Who Said He Was ‘At War’ Thursday, April 30, 2026 U.S. Attorney's Office, District of Columbia WASHINGTON - Brandon Smith, 34, a previously convicted felon residing in the District of Columbia, was sentenced today in U.S. District Court to 87 months in prison for conspiring to traffic at least nine firearms to a prohibited buyer over the course of six months, announced U.S. Attorney Jeanine Ferris Pirro. “Brandon Smith was already on supervised probation for a violent felony when he chose to traffic firearms, and he continued even after being told the buyer intended to use them for violence,” said U.S. Attorney Pirro. “Over the course of six months, he arranged the sale of at least nine guns—including one with an obliterated serial number—to a prohibited individual. This was not a momentary lapse in judgment, but a sustained and deliberate effort to arm someone who could not legally possess firearms. My office remains committed to holding accountable those who endanger our communities by trafficking illegal guns.” On Jan. 9, 2026, Smith pleaded guilty before Judge Howell to conspiracy to commit trafficking in firearms. In addition to the 87-month prison term, Judge Howell ordered Smith to serve three years of supervised release. Federal prosecutors had requested a 108-month prison term. According to court papers, beginning in November 2023, ATF opened an investigation after a confidential source reported that Smith, then on supervised probation for a violent felony, was actively advertising firearms for sale by texting photographs of guns to prospective buyers, including individuals with prior felony convictions. During the next six months, Smith sold or arranged the sale of nine firearms to a buyer on six separate occasions. During the transactions, Smith sold his own personal carry firearm on multiple occasions when a supplier failed to deliver, then purchased a replacement for himself afterward. In early January 2024, as Smith and the buyer discussed an upcoming transaction, the buyer told Smith he needed the firearms because he was “at war” after his cousin had been killed. Smith proceeded with the sale. The buyer had also told Smith he was serving a criminal justice sentence at the time of the transactions. Smith acknowledged that he, too, was “on papers.” Smith arranged a total of six transactions from Nov. 30, 2023, through May 30, 2024, resulting in the sale of nine firearms. At least one of the firearms had its serial number obliterated. On Oct. 26, 2024, MPD officers conducted a traffic stop on the 1600 block of 16th Street SE and found Smith in the front passenger seat of a parked vehicle. Officers observed open containers of alcohol and discovered a satchel at his feet. Inside the satchel, in plain view, was a loaded Glock Model 19X 9mm handgun with a round in the chamber and 16 additional rounds in the magazine. The bag also contained a bank card and government-issued identification in Smith’s name. Smith has prior convictions for Simple Assault (2011), Attempted Robbery (2013), and Robbery and Possession of a Firearm during a Crime of Violence (2016), for which he was sentenced to five years in prison. He was serving a term of supervised probation from the 2016 conviction at the time of the firearms trafficking conspiracy. This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office, and the Metropolitan Police Department. The matter was prosecuted by Special Assistant U.S. Attorney Brendan M. Horan. Convicted Felon Sentenced to 87 Months in Trafficking
