SAG-AFTRA Calls ‘Rust’ Criminal Charges ‘Wrong and Uninformed’

Without mentioning Alec Baldwin, the guild argued that “an actor’s job is not to be a firearms or weapons expert”

rust alec baldwin Bonanza Creek Ranch
Bonanza Creek Ranch in Santa Fe, New Mexico, where the deadly accident on the set of "Rust" occurred; (inset) Alec Baldwin (Photo by Sam Wasson/Getty Images; Jim Bennett/Getty Images)

SAG-AFTRA has released a statement in response to the involuntary manslaughter charges filed against Alec Baldwin, saying that the death of “Rust” cinematographer Halyna Hutchins was “not a failure of duty or a criminal act on the part of any performer.”

“The prosecutor’s contention that an actor has a duty to ensure the functional and mechanical operation of a firearm on a production set is wrong and uninformed. An actor’s job is not to be a firearms or weapons expert,” read the actors guild’s statement, which did not mention Baldwin by name. Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon, for which he faces a suspended sentence and six months of probation.

Baldwin, who was an actor and producer on “Rust,” was charged by the New Mexico district attorney’s office with two counts of involuntary manslaughter alongside the film’s armorer, Hannah Gutierrez-Reed. The charge, if found guilty, comes with a maximum prison sentence of 18 months. Because a firearm was involved in the crime, the second charge is subject to an additional mandatory five-year jail sentence in what’s known as a “firearm enhancement,” but requires prosecutors to prove that there was more than negligence involved.

SAG-AFTRA argues that actors like Baldwin are not responsible for ensuring that firearms are functional and safe to use, and that such duties belong to the armorer and other weapons experts on set. The union cites the industry standards set by the Joint Industry-Wide Labor Management Safety Commission, which outlines all the safety guidelines agreed to by entertainment industry studios and labor unions.

“The guidelines do not make it the performer’s responsibility to check any firearm. Performers ​train to perform, and they are not required or expected to be experts on guns or experienced in their use,” SAG-AFTRA said. “Anyone issued a firearm on set must be ​given training and guidance in its safe handlin​g and use,​ but all activity with firearms on a set must be under the careful supervision and control of the professional armorer and the employer.”

Read the full statement from SAG-AFTRA below:

“​The death of Halyna Hutchins is a tragedy, and all the more so because of its preventable nature. It is not a failure of duty or a criminal act on the part of any performer. 

“The prosecutor’s contention that an actor has a duty to ensure the functional and mechanical operation of a firearm on a production set is wrong and uninformed. An actor’s job is not to be a firearms or weapons expert. Firearms are provided for their use under the guidance of multiple expert professionals directly responsible for the safe and accurate operation of that firearm.  In addition, the employer is always responsible for providing a safe work environment at all times, including hiring and supervising the work of professionals trained in weapons. 

“The Industry Standards for safety with firearms and use of blank ammunition are ​clearly laid out ​in Safety Bulletin 1, provided by the​ Joint​ Industry-Wide Labor Management Safety Commission. The guidelines require an experienced, qualified armorer to be put in charge of all handling, use, and safekeeping of firearms on set. These duties include “inspecting the firearm and barrel before and after every firing sequence,” and “checking all firearms before each use.”  

“The guidelines do not make it the performer’s responsibility to check any firearm. Performers ​train to perform, and they are not required or expected to be experts on guns or experienced in their use. The industry assigns that responsibility to qualified professionals who oversee their use and handling in every aspect.  Anyone issued a firearm on set must be ​given training and guidance in its safe handlin​g and use,​ but all activity with firearms on a set must be under the careful supervision and control of the professional armorer and the employer.”

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