7-year-old faces 2 felony charges for shooting BB gun

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posted on Apr, 4 2013 @ 08:33 AM
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I am sure this will be overturned. In North Carolina bbguns are not legally considered firearms:

Broadly speaking, pellet guns are the most dangerous air guns, followed by BB guns (some of which can also shoot pellets), and then airsoft guns. Now let’s look at some criminal charges and whether they can be predicated on the possession or use of these weapons.

Firearms Offenses

None of these weapons are firearms, because they do not use gunpowder explosions to propel their projectiles. See G.S. 14-409.39(2) (defining a firearm as a weapon that “expels a projectile by action of an explosion”); G.S. 14-415.1 (defining a firearm as a weapon that “expel[s] a projectile by the action of an explosive”). See also G.S. 14-269.2 (prohibiting the possession of weapons on school grounds, and distinguishing between “any gun, rifle, pistol, or other firearm,” a Class I felony under subsection (b), and a “BB gun . . . air rifle, [or] air pistol,” a Class 1 misdemeanor under subsection (d)). Therefore, possession or use of these weapons cannot support charges such as possession of a firearm by a felon, G.S. 14-415.1, or assault by pointing a gun, G.S. 14-34. See In re N.T., __ N.C. App. __, 715 S.E.2d 183 (2011) (airsoft gun is not a “gun” for purposes of assault by pointing a gun).
nccriminallaw.sog.unc.edu...




posted on Apr, 4 2013 @ 02:00 PM
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reply to post by JohnPhoenix
 


I expect that for a small nominal fee a Lawyer will have the case completely dismissed.

But, the prosecutor MUST be a Damn Idiot to follow through with charges. 2 Felonies at that.

Its Pathetic and an absolute WASTE of local tax dollars.

Maybe it was too calm in the town that day and they needed something to stir things up.



posted on Apr, 4 2013 @ 07:14 PM
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nice.. a b.b. gun isnt a "firearm" so good luck trying to prove he used a "firearm" it should be a "weapon" in the wording. either way , a kid is a kid. parents shouldve been watching beter. if noone was harmed it doesnt matter fix the cars and move on, the kid doesnt need to become a convicted felon for that!



posted on Apr, 4 2013 @ 07:37 PM
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reply to post by netwarrior
 


Agreed. The parents should be brought up on charges as well. Nothing big, but they deserve the fine for failing to be responsible for their child.



posted on Apr, 4 2013 @ 08:41 PM
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Originally posted by ShadellacZumbrum
reply to post by woodsmom
 


Excellent Point. . . But, if you noticed he is ONLY facing probation and community service. For A FELONY.
Since when did they change the rules?

I think this is more about setting an example.
Ummm...No...this is about getting him a couple of felonies early so that he wont be able to legally own firearms in the future....I really do hope that TSHTF and I mean BIG TIME...so that these elected and appointed dumbasses can be rounded up and placed on a really, really little island with a bunch of hungry crocodiles...No wonder they're being winnowed...Fraking idiots...



posted on Apr, 4 2013 @ 09:45 PM
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reply to post by YouSir
 


You, Sir have raised a good point. The current push Against weapos aka GUNS is just rediculous. We are seeing too many of these types of instances. Those in power are just NOT thinking. I can honestly say that they are setting Bad examples for the future pillars of Our communities.



posted on Apr, 4 2013 @ 10:15 PM
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reply to post by ShadellacZumbrum
 
The real problem for the boy now will be getting through airports. Flagged for life, he will probably be killed or indefinitely detained by DHS in a future terrorist investigation. What overkill. It's not like he shot a sleeping guy 16x with a real gun. What is the caliber of a bb?



posted on Apr, 4 2013 @ 10:34 PM
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reply to post by butcherguy
 

What an excellent point. Bull's eye! I remember what it was like to be 7. I was poor so I didn't get to be 7 until I was 13. I went out shooting a slingshot in a gravel road out in the woods. I picked up the best rocks I could find. Rounder was better. I shot all summer long. Then one day, I got a hold of some real shot pellets. I took aim on a bird in a tree, and fired. I hit the bird and it fell to the ground. I was stunned. I picked up the bird and ran my finger across its breast. The feathers parted and I could see the pellet had hit the bird's heart. I felt pretty bad about it. If I were seven years old, I might have cried. When I was seven, I caught a frog and put it under a jar. I forgot about it, and when I remembered it, It was all dried up and dead. I did cry. A kid is a kid. Now I had an 8 year old boy cuss me, and I got very upset about that. You could not cuss any better if you were 80 years old. But c'mon, I never would consider it more than a spanking offense. But you can't spank kids now. Just put a felony on their record. Try and get a job now, kid. Honestly. Now shooting at a car is very bad. I think the cops and the parents could have convinced the boy of that without bringing lawyers into it. World gone mad. I think we need to swear kids in as deputies. They probably would do just as good as the adults.



posted on Apr, 4 2013 @ 10:39 PM
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reply to post by ShadellacZumbrum
 


Man the US is getting crazy, over a kid playing with a BB gun..like really? I remember when me and my buddy were shooting our Metal BB guns in my back yard when i was younger, neighbor called cops lol they show up, nice guy, he saw my gun and his face was like "woah" if I saw you with that in the hallway I wouldn't hesitate to shoot you.. lol although it was a all black metal replica M4A1 with ACOG scope and laser pointer and hand grip, he was chill and asked for my ID than ran it in the system and saw I'm clean and was clean and didn't take it away or anything..Although i kept buggin' him to see his real one in the trunk of his car hehe. he said no, but he just said, don't let you neighbors call again, or I'll unfortunately have to take it. Either than that, he was right i was shooting it in a urban place and living in a townhouse we have neighbors beside us, So i never really shot it again, just kept it at my bed side as it looked very real and was bad ass.

So for a kid to get charged wtf, how can you even charge a 7 yr old lmao. And why would you even, when nobody wants to charge him, why is the states getting so fked up..??



posted on Apr, 4 2013 @ 10:54 PM
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reply to post by sarahlm
 
These officials will be sorry. Karma. I hope one of them gets in trouble. They can expect no mercy from the courts in the future. Zero tolerance gone amuk. the dispensers of the law are now above the law. Makes it easier for them to dish it out, doesn't it? On a curve, the punishment for this kid brings a speeding ticket up to a capitol crime.
edit on 4-4-2013 by nownow because: Unclear, overall message conveyed different meaning than intended.



posted on Apr, 4 2013 @ 11:32 PM
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The following is my opinion as a member participating in this discussion.

Each state has the right to set its own firearm laws. While in most states an air rifle is not considered a “firearm” under most laws, you have to check individual laws themselves for special cases where they fall under a different classification. Usually, these types of laws are used to expand the normal definition due to the circumstances being more life threatening.

For example, in my state he would have most likely been charged just as strictly, but with discharging a “deadly missile” (a rock, arrow, marble, etc... can be legally construed a deadly missile especially if used on a vehicle where the operator may lose control due to being startled or struck by it).

Here you go is North Carolina's applicable law:


§ 14‑34.1. Discharging certain barreled weapons or a firearm into occupied property.
(a) Any person who willfully or wantonly discharges or attempts to discharge any firearm or barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second into any building,structure, vehicle, aircraft, watercraft, or other conveyance, device,equipment, erection, or enclosure while it is occupied is guilty of a Class E felony.

(b) A person who willfully or wantonly discharges a weapon described in subsection (a) of this section into an occupied dwelling or into any occupied vehicle, aircraft,watercraft, or other conveyance that is in operation is guilty of a Class D felony.

(c) If a person violates this section and the violation results in serious bodily injury to any person, the person is guilty of a Class C felony. (1969, c. 341; c. 869, s. 7;1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179,s. 14; c. 755; 1993, c. 539, s. 1141; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑461,s. 1.)

So he was actually charged with “discharging a barreled weapon into occupied property”...

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.



posted on Apr, 5 2013 @ 04:07 AM
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reply to post by ShadellacZumbrum
 


The person in the car wants no charges. The mother made an effort to explain things, to avoid any issues. They charge a CHILD with a BB gun for a FELONY offense, calling it a firearm??? This simply proves that gun control is insane and stupid.



posted on Apr, 5 2013 @ 05:42 AM
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Originally posted by LewsTherinThelamon

Originally posted by ShadellacZumbrum
reply to post by Casualboy100
 


Well,.. Maybe they let the mom go because she was good enough to RAT the boy out.
But seriously. You are right. They should have charge the mother with something.


Why? That is the most pointless course of action that could EVER be taken.

Kids are irresponsible ALL THE TIME. You might as well charge all parents with a future crime because their child is going to do something stupid. It is part of being a child. Make the kid work off the damages, or have the parents fork over cash--but charging anyone with a felony? Retarded.


Yes, kids are irresponsible. That is why parents are supposed to take responsibility for them. You hand your 7-yr-old a BB gun and tell him to go shoot his heart out at the abandoned house next door, and then leave him to his devices, then yes, you're responsible for him going all sniper on the cars -- as well as the vandalism of shooting up someone else's property. At the very least she ought to be spayed and put in the public stocks for a week.



posted on Apr, 5 2013 @ 09:46 AM
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reply to post by ShadellacZumbrum
 


A bb gun is not a firearm case closed...



posted on Apr, 5 2013 @ 09:52 AM
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This is completely idiotic, why would you charge a CHILD with felony charges? He's just a kid he didn't know any better. I think the parents should have paid for the widows he shot then punish the child, he doesn't deserve to have his right stripped of him.



posted on Apr, 5 2013 @ 09:52 AM
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reply to post by nownow
 


.177



posted on Apr, 5 2013 @ 10:04 AM
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I cant get the news link to work on my phone so I cant read the full story. Did they say exactly what brand/model BB gun he used. Because when the older generation hears BB gun they think of the old Red Ryder but most air rifles now are almost as powerful as a .22 cal firearm, I just bought a .177 cal that shoots at 1600fps and you can buy these air rifles right off the shelf in Walmart where I live. Some even more powerful than a firearm. You can watch videos of hunters taking down wild hogs with one shot using a .177 air rifle.

There is air rifles that can take down a buffalo with one shot, they make .22, .25, 9mm, .45cal, and even ones that shoot .50cal muzzle loader bullets. So, Yes todays air rifles are just as deadly as firearms. There is no age restriction on stupidity, but I think the parents should be held responsible not the child. Because

Its says right on the gun- CAUTION: Air Rifles are not toys.Misuse or careless use may cause serious injury or death. Children must be supervised at all times.. Ready, best part- Do not shoot if there is a potential that someone is behind or on the sides of the target.

Stupid parents = Stupid kids
edit on 2013/4/5 by ussoldier because: (no reason given)



posted on Apr, 5 2013 @ 10:15 AM
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Poor kid, this will probably have a huge negative effect on his life.

How long will these charges stay on his "criminal record"? I'm not too familiar with how this works in the USA. But if it stays on his record he could definitely have problems down the line when looking for jobs and whatnot.

"Firearm"... that's cute
edit on 5-4-2013 by Jeedawg because: (no reason given)



posted on Apr, 5 2013 @ 11:38 AM
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reply to post by agentscoly
 


As far as I was aware BB Guns were only good for shooting your eye out.

As I mentioned before I believe the case is going to end up Dismissed like it should be.
edit on 5-4-2013 by ShadellacZumbrum because: (no reason given)



posted on Apr, 5 2013 @ 03:15 PM
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reply to post by ShadellacZumbrum
 


Just had a kid shoot my mothers glass door out with a bb gun.. I am thinking about calling the cops...





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