We previously discussed the tragic case of an eight-year-old boy who shot himself accidentally with a fully automatic Uzi. A similar tragedy has now occurred but it is the instructor who was killed by a 9-year-old girl learning to fire a submachine gun in Arizona at the Bullets and Burgers shooting range. The instructor, 39-year-old Charles Vacca, died at a hospital after he was shot in the head.
Bullets and Burgers allows children between 8 and 17 to shoot such weapons. An Uzi is an Israeli-made submachine gun. In this case, the recoil moved the weapon off the shoulder of the little girl and turned toward the instructor. The video showing the event up to the second before the shooting is shown below. The video shows Vacca positioning the little and her firing off a single round. Vacca then adjusted the Uzi, put his right hand on her back and his left under her right arm. She fired several rounds in rapid succession before the gun kicked to the left as she lost control. She was with her parents.
Bullets and Burgers advertises that “We separate ourselves from all other Las Vegas ranges with our unique ‘Desert Storm’ atmosphere and military style bunkers.”
These types of accidents are generally covered under issues of assumption of the risk and contractual waivers by all of the parties, including the instructors. The death would be covered under worker’s compensation unless the Vacca family will seek negligence liability for how the facility is run or structured as well as standards of training and safety. There is the separate question of whether the state should limit such use of weapons, a highly controversial question with gun rights advocates who are likely to point out that all of the parties consent to such risks (with the parents consenting for the minor). Finally, there is the emotional distress for this little girl who will have to live with this incredibly horrific memory.
Notably, some coverage suggests that Vacca may have been negligent in where he was standing. Greg Block, who runs California-based Self-Defense Firearms Training, said that a child should not be using this type of gun and that Vacca “was literally in the line of fire. He did pretty much everything wrong, and I don’t like saying that because it cost the man his life.” That would raise the question of possible liability of the range if the family were to sue over the trauma to their daughter, though such a lawsuit would present difficult issues since they would effectively have to sue the man killed by the minor under a respondeat superior theory.
In the Massachusetts case, former Pelham Police Chief Edward Fleury was found not guilty two years ago in a prosecution for involuntary manslaughter and furnishing a machine gun to a minor in the death of 8-year-old Christopher Bizilj.
Simms – you raise a good issue. The papers here just say he was certified, but not by whom.
John Oliver, Bingo. The nanny state, wants to eliminate all risk. There is a perverted connection w/ ambulance chaser attorneys who prey upon the notion of no assumed risk and no personal responsibility. I worked many product liability cases helping defend foreign companies being sued in the US. They were uniformly shocked and disgusted @ how perverted our formerly great civil justice system has become.
Justice Holmes, there are two things proven: 1. The instructor was an idiot; there are idiots in all professions and walks of life. 2. Anti-gun reactionaries will use any gun-involved tragedy to fuel a “this proves it” rant.
Was proper safety protocol followed in gun range death?
http://www.cbsnews.com/news/accidental-uzi-death-were-proper-safety-protocols-followed-by-instructor-charles-vacca/
Excerpt:
There is no requirement in Arizona for gun range employees to be certified as firearms instructors. The National Rifle Association said Charles Vacca was not an NRA certified instructor.
@Paul C. Schulte “John – the instructor was an experience, certified gun instructor.”
I don’t know what other certifications he may have had, but there are reports that he was not an NRA certified instructor.
“There is no requirement in Arizona for gun range employees to be certified as firearms instructors. The National Rifle Association said Charles Vacca was not an NRA certified instructor.”
http://www.cbsnews.com/news/accidental-uzi-death-were-proper-safety-protocols-followed-by-instructor-charles-vacca/
New rule for gun instructors.
Guns do not kill. Little chunks of metal going very fast have been known to do the job though. Avoid their path.
George – Pat Tillman was killed accidentally by trained shooters.
A proof that “experienced, certified” people are human beings too. In certain fields mistakes can be deadly.
Was this his first 9-yr-old? NO? Then he knew the general strength and ability of other 9-yr-olds. He knew that kick was a problem for anyone, much less a child. He may have done this five thousand times before. And only one mistake. Good surgeons do as well.
A tragedy, surely. A tale of fate. Human beings being human. Alas!
“…killed by a 9-year-old girl.” “…killed by the minor…”
When this blog, and most of the news articles, use phrases like this, it really makes me angry. The phrases make it sound like the girl was fooling around and accidentally shot the instructor. That couldn’t be farther from the case. The girl did not kill the instructor.
Based on the video the girl did everything she was told. The instructor put an automatic weapon in the hands of a likely no more than 60 pound child. The instructor set the weapon on automatic. The instructor put himself in the line of fire. The instructor accidentally KILLED HIMSELF.
The wording in those phrases does a great disservice to the victimized little girl.
That was sarcasm Paul; not very good but I’ll still go with my first post:
“The only thing this proves is that no matter how sophisticated society becomes humans will always have the capacity to make really bad decisions.”
John – you have the use the /sarc sign. 🙂
As I said, it takes a year in Germany to complete firearm training. Not just, “hold it here, pull this back, and squeeze the trigger.”
Training to be a parent would be good. Too bad so many don’t seem to realize there is a responsibility once you finalize the action to become a parent. That would probably solve 95% of the problems.
The 9 yr old was being trained (very poorly) and tested (failed). How about training and testing to be a parent or weapons instructor?
John – the instructor was an experience, certified gun instructor. People have put forward the idea of training and testing potential parents, but who is going to decide on the test?
Actually, now that I think about it, maybe I am for gun control. Should have to get training and tested to own a rifle, let alone a handgun. Not to be paid for by the state. Car is a deadly object, need training for that too.
The
NannyState needs to kick in and protect us from itself.Competent historians know that suicide is the favorite choice of such states:
(Civilization Is Now On Suicide Watch).
Death is always on the agenda in a deadly, careless society.
Doesn’t say much about the parents. I am not in favor of gun control, but, like any other object that can cause death, it should be respected and not used for a quick thrill. Germans love guns, but they have to go to school for a year to have a license to have one.
Why is a 9-year-old firing an Uzi?
By Mel Robbins
http://www.cnn.com/2014/08/27/opinion/robbins-why-was-child-firing-uzi/index.html
Excerpt:
Understand, I love shooting guns and so do my kids. My favorite gun is a 12-gauge over/under shotgun. Our teenage daughters prefer a .22 because it’s easier to aim and control. Other than hooking a large brown trout, there’s nothing more thrilling in my book than pulling the trigger on a shotgun and managing to hit a target.
But this is not a shotgun. This is a fully automatic machine gun developed by the Israeli army. It is capable of firing 600 to 650 bullets a minute.
As this Uzi pumps out 10 bullets a second, the kickback is substantial. It is designed to be fired by a soldier during war, not a fourth-grader on vacation. It’s too powerful, it’s too big and it’s too deadly. Many adult novices can’t control that weapon.
The Mohave County Sheriff, Jim McCabe, said the full video of the incident was, as one might imagine, “ghastly.”
This, of course, isn’t the little girl’s fault; was it even her idea to shoot an Uzi in the first place? It’s the instructor and the parents who are to blame — I mean, what could possibly go wrong if you hand an Uzi with the selector on fully automatic mode to a 9-year-old? For anyone who asks “What were they thinking?” the answer is: They weren’t. That’s why the law needs to change — to protect kids from adult stupidity.
Elaine – the nanny state needs to kick into high gear to protect us from ourselves. Other than stand in the wrong place, the instructor walked the girl through the gun, had her fire it in single shot mode and then flipped the selector to full. He should not have been in the line of fire. He should have been behind her.
The only thing this proves is that no matter how sophisticated society becomes humans will always have the capacity to make really bad decisions. Maybe we should ban lighters and video cameras instead; Fire Challenge anyone?
http://www.liveleak.com/view?i=322_1406832573
I’m thinking of all the things you CAN’T DO LEGALLY until a certain age is reached.
Can’t drive a car.
Can’t buy liquor.
Can’t vote in an election.
Can’t buy cigarettes.
Can’t serve in the military.
Can’t have consenting sex.
Can’t play the lottery.
Break those laws and someone might go the jail for a long time.
Ken – I cannot remember the last time an underage person when to jail for any of the offenses you listed.
An Uzi and a 9-year-old. With parenthood an obligation’s borne. To nurture and protect. How about no Uzis until at least 16.
Justice Holmes – We get all p**sy about accidents with guns, but we do not get upset over the deaths by automobile. I think the instructor was too close to the girl, should not have given her an Uzi to begin with and assumed the risk as her instructor. I feel very badly for the little girl and her family. They are going to carry this with them the rest of their lives.
Should all “responsible” car owners be responsible for the accidents of others? Should AAA be held responsible? I am sure you are going to give up all motorized transportation now because of what I have said.
I think this proves it. There are no responsible gun owners. There are gun owners who think they are responsible until they do something like this. Now a man is dead and a child will have to live with the knowledge that she killed someone. Thank you NRA and the rest of the cowards in Washinton and elsewhere. All the “responsible” gun owners involved in this tragedy should be held responsible both civilly and CRIMINALLY. I say reckless disregard murder fits the bill. An UZI to a 9 year old seems to fit that bill.