7-year-old faces felony charges for BB gun incident

[billyscott]

The boy's father left a comment under the story.

The newspaper printed the name of the 7 year old. 

Sorry, it's not a firearm but I thought it might fit here.

 

http://www.charlotteobserver.com/2013/04/04/3957454/7-year-old-faces-felony-charges.html

Edited April 5, 2013 by billyscott

[Mike.357]

cracked up at a comment that the charges weren't warranted but the kid deserved a spanking.    So assault of a child is appropriate?

 

Little kids mess up,  the police do not always need to be involved.  Sounds like the parents were on top of things.

[peejman]

Since when is a bb gun a "firearm"?  The ATF doesn't think they are.

 

 

http://www.atf.gov/firearms/faq/firearms-technology.html

 

 

Q: Does the ATF regulate the sale and possession of air guns? Is an air gun classified as a “firearm” under Federal law?

The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include (A) 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; (B) the frame or receiver of any such weapon…. Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.

We caution that ATF is not charged with enforcement or oversight of the firearms laws of States or localities. To determine possible restrictions on air guns where you reside, we recommend that you contact the office of your state Attorney General, the State Police, or other State/local law enforcement authorities for further guidance.

 

[DaveTN]

Family members told WGHP they were shocked with prosecutors’ decision to charge their son. His initial court date is Friday in Newton.

That says something right there. They were shocked that their little juvenile delinquent was charged with shooting into passing vehicles? Two cars were shot into; that’s not an accident.

[Hozzie]

Spanking isn't assault.  If spanking was assault, mine as well as most other parents of our day (I am 37) would be behind bars.  I don't condone hitting kids, but a few more spankings won't hurt a single one.  Felony charges are stupid for sure.  Make the kid stand it front of the room and apologize.  That will teach him more than some court room case where he understands nothing.  I agree, it sounds like the parents were on top of it, but they will learn from this too.  

Edited April 5, 2013 by Hozzie

[c.a.willard]

Under the law of the state that this occured in it doesnt have to meet the federal definition of a firearm.  It has to be capable of firing a projectile that exceeds 600FPS

 

 

§ 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.

[Hozzie]

Just as a general comparison, a Red Ryder only has a muzzle velocity of around 250-350fps, so it still wouldn't be a firearm by that definition.  Not that it makes it right, just that I don't think it can stand up in court under that law unless it is some enhanced bb gun.

Edited April 5, 2013 by Hozzie

[billyscott]

This article sheds a little more light on the incident. 

http://www.hickoryrecord.com/news/article_07e898f8-9d6b-11e2-b629-0019bb30f31a.html

Here's a quote from it;

 

The woman whose car was damaged and the deputy who responded to the residence both said they did not want to press charges, Robbins said. Robbins thought the incident was behind them until a letter arrived from the N.C. Department of Juvenile Justice a week or two later informing them of a discovery hearing about the shooting.

Robbins said he and his wife had to answer questions at the discovery hearing about how they raised Sam and what activities interest him. A letter was sent by the Department of Juvenile Justice to the faculty at Sam’s school to inform them of the incident, Robbins said.

And it looks like charges were dropped.

http://www.wsoctv.com/news/news/local/7-year-old-face-judge-felony-charges-shooting-bb-g/nXDL8/

[BigK]

Spanking isn't assault.  If spanking was assault, mine as well as most other parents of our day (I am 37) would be behind bars.  I don't condone hitting kids, but a few more spankings won't hurt a single one.

 

I couldn't agree more. Spanking works, when administered properly.

[piercedan]

Spare the rod, spoil the child.

[gnmwilliams]

That says something right there. They were shocked that their little juvenile delinquent was charged with shooting into passing vehicles? Two cars were shot into; that’s not an accident.

Actually it can be. And I speak from experience. Ahem cough cough. Turns out, if you drop your BB gun, the sights get out of whack. Who knew right? Of course back then, the police just called the parents and made sure they handled it. Ended up costing me about an inch of skin off my hide and $150 out of my allowance over the next 6 months for the broken car window. Never any charges, let alone felony charges. But I never goofed around with a firearm again!

[Worriedman]

For a compendium of incidents in my misspent youth, I received a number of "spankings" if one wished to term them that, as did my acquaintances and friends when our actions warranted.  They were applied with such tenacity that I can never remember having that corporal punishment issued for the same offense twice, ever, as they left an indelible mark on the memory as to what was acceptable, and what was not.  I suppose the reason I lived past 10 was due to the fact that I prefered not to receive any more of them than was absolutely necessary.

 

[RED333]

The parents today want the system to raise their kids, well some do.

Hell, I got a paddled on the last day of school in Jr High, for water balloons.

Got the the belt from my Dad and the paddle from my Mom when I needed it as well.

Now the talking was worse, I would rather take a paddlen any day.

[Guest carter]

cracked up at a comment that the charges weren't warranted but the kid deserved a spanking.    So assault of a child is appropriate?

 

Little kids mess up,  the police do not always need to be involved.  Sounds like the parents were on top of things.

its not assault.. it's physical reinforcement. My dad would of burned my butt for that, and 7 years old and a felony? can they even do that...