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Michigan State Police Sgt prosecuted for a non-command discharge of a P320 (Correction firearm was a P365 not a P320)

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/430601935/m/8590026615

August 08, 2025, 08:15 PM
Trooper Joe
Michigan State Police Sgt prosecuted for a non-command discharge of a P320 (Correction firearm was a P365 not a P320)
https://www.wzzm13.com/article...84-9b86-d6d225ba410a


As a retired command officer of MSP I am really concerned that our enforcement personnel are still being issued the Sig P320. This was not the only noncommand discharge MSP has experienced of the P320.

The FBI/MSP report on the P320 certainly needs clarification.

This message has been edited. Last edited by: Trooper Joe,
August 08, 2025, 08:50 PM
Chowser
from the article:

full magazine and a "foam" holster.



What is this foam holster? something like the old uncle mike's clip holster that has awful retention?

years ago, I instituted a policy that off duty guns must be carried in a holster that covers the trigger guard and must prevent anything from sliding in. the gun must not fall out of the holster if held upside down.



Not minority enough!
August 08, 2025, 08:50 PM
cooger
That prosecutor is an idiot.
August 09, 2025, 07:36 AM
Trooper Joe
I was just corrected on another forum. This information was really hidden in all the information I found on this incident

I have one of the first P365’s available and really like it.

I still think this Sgt should not have been prosecuted.

TJ
August 09, 2025, 07:46 AM
pedropcola
I agree she shouldn’t have been prosecuted. I think someone fainting is a sad tell of our society. I think using a “foam” (stickie?) holster with a 320 in your purse is poor judgment. She bears all the responsibility for her negligent discharge in all likelihood. Prosecution? Silly, I agree.
August 09, 2025, 11:12 AM
YooperSigs
There is a wide variety of "holsters" made of nylon that use velcro to attach to the inside of purses or off body carry bags and are supposedly adjustable and one size fits all. Even some of the high speed, low drag bag makers provide them. Would I stick a non manual safety striker gun into any of them? Nope! I want a formed Kydex velcro backed holster designed for the gun, to hold it securely in place and place it in the most optimal mounting for a safe draw. And to enclose and keep crap away from the trigger. Crossbreed makes an excellent bag holster and thats what I use. Mounts tightly and does a great job in a bag.
In the early days of Glocking, many of my cheap fellow cops would buy a G17 and then proceed to stuff it into a $10 Uncle Mikes nylon holster and then shove the whole mess into their pants for IWB carry. I tried to dissuade the practice but never was too successful. And prosecuting the cop? Pointless grandstanding and glad she was found not guilty. MSP can and should handle the matter internally, Mr. Prosecutor!


End of Earth: 2 Miles
Upper Peninsula: 4 Miles
August 09, 2025, 12:07 PM
JDG
Good on the jury to find her not guilty! In a society of cupcakes, the prosecutor had to try...
August 09, 2025, 12:28 PM
trapper189
Michigan Jury Acquits State Police Sergeant in Off-Duty Accidental Firearm Discharge Case

Excerpt:
“As she checked out at the cash register, she placed her wallet back into her purse. At that moment, her department-issued Sig P365 firearm, which she carried in an Uncle Mike's foam holster inside the purse, discharged a round.”
August 09, 2025, 12:37 PM
nhracecraft
^^ Sooo, DUMBASS!! Roll Eyes

Presumably that 'holstered' P365 was tossed into her purse, rattling around with her wallet, cellphone, mascara & lip gloss, AND who knows what else!
quote:
Michigan Compiled Laws 752.861 states: "Any person who, by carelessness, recklessness, or negligence, but not willfully or wantonly, shall cause or allow any firearm under his immediate control to be discharged so as to injure or endanger any other person shall be guilty of a misdemeanor."

This statute criminalizes non-willful but negligent discharges that result in injury or endangerment. The key terms—carelessness, recklessness, or negligence—must be interpreted based on their ordinary meanings: carelessness as a lack of attention to safety, negligence as failure to exercise reasonable care, and recklessness as a conscious disregard of a known risk.

It would seem that charge was justified!


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 47....Making America Great Again!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
August 09, 2025, 12:41 PM
Trooper Joe
I am sure some of you fine folks may think I turned into a Sig basher. Far from it, in fact I am currently high bidder on one of these beauties:

(I borrowed this photo from a Sig document)



TJ
August 09, 2025, 12:55 PM
CPD SIG
quote:
Originally posted by YooperSigs:
In the early days of Glocking, many of my cheap fellow cops would buy a G17 and then proceed to stuff it into a $10 Uncle Mikes nylon holster and then shove the whole mess into their pants for IWB carry. I tried to dissuade the practice but never was too successful. And prosecuting the cop? Pointless grandstanding and glad she was found not guilty. MSP can and should handle the matter internally, Mr. Prosecutor!


It’s been said on here many times, and mostly by cops-
You’re (not you, Yooper, but many others) under the impression that all cops are “gun people”, and as you know, most of us aren’t.
They see a handgun as something they need to carry. Shoot only when they have to qualify, maybe clean it afterwards, maybe not.

So a lot of cops either don’t know or don’t care. This encompasses holsters as well.
“Oohh! It’s $12! Such a deal! Why spend $80?” I can’t tell you how many Ive seen with a cheap plastic/nylon/leather holster stuffed in the pants. Or the pistol stuffed in their front pocket.

I did a part time gig at the Academy for a few years, and hit on the topic of carrying off duty:
“Hey, get a good holster for off duty as well!”
Saying this to a bunch of young cops who already dolled out a few grand on uniforms, gun, duty belt and all the other stuff, they just roll their eyes when someone says “spend another $100”. Or they forget about it, or they just don’t care.



As far as the prosecution aspect-
Can someone show me the crime? What criminal act was committed?

Stupidity / laziness / ignorance, sure. But if that shit was a crime, there’d be a lot less free people walking around.


______________________________________________________________________
"When its time to shoot, shoot. Dont talk!"

“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy
August 09, 2025, 01:05 PM
nhracecraft
^^^ Read the MI Statute (posted above). Seems pretty cut and dry to me.


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 47....Making America Great Again!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
August 09, 2025, 07:52 PM
hrcjon
I don't see how any uncommanded discharge around others is not covered by the statue unless you are all alone somewhere. Certainly it looks like some of the discharges I have seen at matches (glock stuffed into holster with garment causing a discharge) would certainly be a crime. Or the guy who goes to show clear and pulls the trigger and the gun launches a round?


“So in war, the way is to avoid what is strong, and strike at what is weak.”
August 09, 2025, 09:36 PM
egregore
I have a P365 and occasionally use a Sticky Holster (the brand name) for AIWB. But it is a far cry from the cheap, thin "Uncle Mike's" holsters. It is made of substantial material; there is no chance the holster lip can fold over and snag the trigger. I still put the gun into the holster first, then into my waistband, keeping my fingers clear of the muzzle. I have no worries.





"The Almighty, He put some livin' things on this earth so a man can eat." - Festus Haggen, Gunsmoke
August 09, 2025, 11:49 PM
CPD SIG
quote:
Originally posted by nhracecraft:
^^^ Read the MI Statute (posted above). Seems pretty cut and dry to me.


Yeah, I caught that after I posted.

Interesting case law against “it was an accident”, and trying to prove intent.


______________________________________________________________________
"When its time to shoot, shoot. Dont talk!"

“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy