The guy who owned the gun that killed my friend's brother swore up and down his gun wasn't loaded, either. I watched that kid bleed out and die on the floor of his own living room, dude. And it was because an unloaded gun wasn't unloaded.
It probably wasn't because someone took the gun out and set it on a bench, though. Whatever happened there, tragic and sad as it was, sounds like it was the result of wrecklessness.
A few posts ago, I mentioned that I think Gibert Arenas' actions were thoughtless, senseless, etc. I'm not excusing what he did. But in my mind, there are three separate issues here. There are unloaded guns, which the law usually considers differently from a loaded gun, stored in a locker at the Wizards arena (which is what most of my unloaded gun talk was about, by the way); there are those same guns set on a chair as a misguided joke; and there's a loaded and cocked gun being waved around. I recognize the what-ifs associated with guns, but we're talking about what was, not what could have been.
It's fairly easy to tell if a revolver has bullets in it. It's not always as easy to tell if you're using an automatic or semi-automatic, since removing the clip doesn't necessarily remove all the ammunition. If a bullet has already been chambered, that gun is loaded.
I'm bowing out of this but I think people are underestimating the potential for disaster from "unloaded weapons." I still see a 10-year-old boy lying on a rug in a pool of blood...
All good points, but it's also possible to completely empty a gun and be 100% certain that it has no bullets in it, isn't that true? It sucks that the person who owned the gun that shot the ten year old kid wasn't more careful. And I know that this kind of thing happens all the time. I'm not trying to underestimate an unloaded gun.
EDIT: Loaded or unloaded, the problem was that Arenas brought guns into his workplace, which is in clear violation of the CBA he and all other players are held to. In addition, this isn't his first problem with handguns. We can dance around things like, "Yes, but it wasn't loaded" but that's not the issue that concerns me. It's Arenas' blatant and continuing disregard and disdain for the rules he is supposed to follow. How many chances should he get?
You're right, he did violate the CBA. I doubt he was aware of that. And to me, that's not the primary issue, assuming he was storing the guns in his locker like he said he was. That might be what costs him the most, but it's of secondary concern to me.
Secondly, his first gun problem was a misdemeanor, and quite frankly, a technicality. The officers who cited him determined that the gun was not loaded, and was separate from the ammunition. Again, not trying to make light of it, but it was a gun that was registered in one state, but not another. It wasn't a dirty gun. Dumb mistake for someone who claims to be a responsible gun owner, but not a devilish act. He got a one game suspension.
Which brings me to the fact that I don't think this is about second chances and such. He blatantly disregarded the rules and does need to be punished for his irresponsible behavior. I don't believe the appropriate response from the NBA would be to ban him for life. I also don't think he should get a slap on the wrist. I stated before that I think Stern should handle this situation similar to how Roger Goodell handled Michael Vick. In light of the severity of his crimes and, as you mentioned, his disdain for the rules, he should get a pretty heavy-handed punishment. But I think a lifetime ban is inordinate.
And I do think it matters whether the gun was loaded or not. The law makes a clear distinction between a loaded gun and an unloaded gun. I don't think either should be taken lightly, but there's a difference.