Their lawyer should have a field day with this.
Every piece of law that I've researched for the state of NC defines a "Firearm" as:
a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action
of an explosive, or its frame or receiver
Simply put: A BB gun is not considered a "firearm" in the state of NC.
This should not even be reaching court in the first place.
If they had wanted to charge the child with something that would stick, it should have been more along the lines of "placing vehicle drivers in
danger" as pointed out by other posters, the distraction could have caused an accident.
At most this is a good case of the following:
Authorities being overzealous and going overboard.
For the last part, it will bite them in the rear since the child technically is being falsely charged (IE a BB gun is not a firearm), and that law
enforcement apparently do not understand what a "firearm" is), and is wasting the tax payer's time and money on something like this.
However, the parents need to actually be doing their Job.
For example my youngest son is 10. He has a BB gun, a .22 baby cricket, a 9mm Marlin Camper and a composit bow.
He is only allowed to use the BB gun unsupervised, and has been taught to treat it just like it is an actual firearm, which he's had training and
takes very seriously.
Even though he's allowed to use the BB gun unsupervised (because of his age and training), we still check on him to see what he's up to with it.
He knows the penalty if I catch him using it in a unsafe manner: his rear end will be tanned to where he can't sit down for about a week!
on 3-4-2013 by eriktheawful because: (no reason given)