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If Thourot altered the gun so that it malfunctioned then he was negligent.
If he bought a used gun that was altered then I'd say it is not Thourot's fault assuming he was ignorant of the alteration.
If the gun was not altered and malfunctioned then it is the manufacturer's fault, and a product liability suit should ensue.
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I believe pointing it in an unsafe direction would have made him negligent regardless. The only question is whether he is solely responsible, or if the negligence of a third party contributed to incident.