User Panel
Posted: 12/15/2005 10:36:36 AM EDT
WTF.. remember when you were a kid, and u had those toy guns that shot those little disks?
imagine getting charged with reckless endangerment with a deadly weapon for playing with that.. no difrance.. http://www.wate.com/Global/story.asp?S=4190405&nav=0RYv Teens charged for shooting airsoft gun in Campbell Co. The teens were firing an airsoft gun similar to this one. December 1, 2005 By MELISSA DIPANE 6 News Reporter CAMPBELL COUNTY (WATE) -- Two boys are in trouble with the law in Campbell County for shooting a gun that uses a spring to launch a plastic pellet. At issue is whether the shots were fired in fun or with malicious intent. The plastic pellet fired by a gun didn't hurt the subject in a 6 News test Thursday. But Campbell County police consider the toy guns deadly. "He said you know if you were 18, I'd be taking you to jail today," says Larry Humphrey, uncle of one of the boys involved, Josh Humphrey. Josh Humphrey and a friend were shooting each other with an airsoft pellet gun bought for $15 at a local flea market. A neighbor saw the boys playing, called police and said they were shooting at her. "The police report says you were shooting at houses and cars. Were you?" 6 News asked Josh. "No," he says. "No. It possibly could have hit them but not intentionally." Police charged both boys. Humphrey was charged with reckless endangerment with a deadly weapon, a charge that sent the 14 year old to court Thursday morning. "He's like, I didn't know you could get in trouble for playing with a toy. I was like, well Josh, I didn't either," his uncle says. "You've got a kid playing with a toy now he's looking at a class C felony if he's convicted. It amazes me." Police confiscated both guns. The charge surprised the toy seller at the flea market in LaFollette. "I was flabbergasted because it is a toy," she says. "I've been shot with it. They sting that's about it. No deadly injuries, no deadly injuries whatsoever." 6 News tried repeatedly Thursday to contact the officer who wrote the citation but he didn't return the calls. Although airsoft BB guns rarely cause more than a bruise, they can blind, cripple or maim in exceptional circumstances. It is recommended that anyone using an airsoft gun should always wear safety goggles and not look directly at the gun barrel. |
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Yeah, but when I was a kid, that was commonplace. It was NOT commonplace that kids brought real guns to school and blew people away. IMO, Airsoft guns are more dangerous than real guns. A kid pulls an airsoft gun on me or a cop and he might get shot real quick... |
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how about post the link to where this was allready posted here.. if not, it aint a dupe.. |
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Maybe I was wrong. Sorry if I was. story looks different. Same crap, different place. www.jobrelatedstuff.com/forums/topic.html?b=1&f=5&t=416291 |
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how can airsoft cripple or maim> i can see how they can blind one but can they rip off arms and legs, do they the have the fforce to shatter vertibrate in the spine
hey dont we activly try to ban dirt bikes? thats about as logical as trying to give a kid a felony over a airsoft gun, hell what would he of gotten with a BB gun,? attempted murder? |
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What a bunch of bullshit. Airsoft isnt deadly. It could take an eye out.
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Depends on the state statutes. It all depends on what the definition of a "deadly weapon" is. Did you know you can catch a charge of "use of a firearm in the commission of a felony" if you make the threat of having a gun during a crime and really don't? Doesn't matter if it's real, fake, or non-existent. MJD
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Does anybody remember a couple of months back when some disturbed guy stripped off his clothes and smacked somebody with a yellow plastic WET FLOOR sign in a truckstop? He was charged with assault with a deadly weapon.
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So airsoft ISN"T a deadly weapon....DUH! Stupid Fuckin Liberal backassword Judges/Police |
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Stupid fucking poster, why don't you take an airsoft gun down to the mall and start running through it threatening to kill people and see what happens. In most states, all the victim needs to have is a perception that a weapon is real or even there for it to be armed robbery, or a shooter needs to perceive that he is being threatened with a deadly weapon to respond with deadly force. In other words any object that can kill somebody being used to hurt or kill somebody is a "deadly weapon" for legal purposes, and in many states any object perceived by a victim as a real weapon might meet the statutes to be considered a "deadly weapon". And how many times have you seen the bloviators here proudly proclaim that if a paintballer started shooting at them they would respond with deadly force? Is a paint ball gun more or less deadly than airsoft? |
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WOW, thats straight off of the DU! |
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Why don't you tell us how an airsoft meets the definition of a deadly weapon as posted? I don't see anything in that story that said the boys were trying to pass them off as real weapons. Nor were they threatening anyone. |
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Lawful arrest. Wonder if they will get to charge him as an adult. |
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Nor were they in a mall. Nor where they in danger of being percieved as real by the person complaining. If there were no windows shattering or holes being punched in the walls as they "shot" at her most people are going to come to the conclusion they are using a BB gun. Perhaps a little less hysteria can be used when trying to argue on the side of what common sense says is stupid. |
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Yes. Perhaps soon we can clear the streets of those rubber band guns, water pistols, and cork guns. Then we will all be truely safe from the menace of armed children. Fry the fucker! |
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Not to mention if the complainant watched for a couple of seconds they would notice:
#1 The people shot weren't bleeding or acting like they were shot #2 The lack of a report These guns are no more deadly than a paintball gun. The only reason these boys were charged were because of how these guns looked. |
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I actually had this happen two week ago, Short story was 3 kids less then 14 yoa, were out shooting those airsoft guns at passing cars.. off duty police officer sees them, tells them to knock it off and stay off the street.. all three decide to shoot at off duty officer and his daughter striking them in the head and upper body.. numerous squad cars storm my post and get all three, one on one is positive and all airsoft guns are recovered... charges : 1st degree assault, 2nd degree assault, discharging firearm metro area, recklass endangerment, disorderly conduct.
why first degree? the lil writing on the side of the gun which says can cause serious injury or death. And also our county code states an air rifle, airpistol is discharging a firearm in a metro area. Of course all charges wont hang since they are juveniles but I think I did it right.. |
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whiney liberal weanie woman, screw her at least it wasn't a BB gun war, those were fun!
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I'd agree with the assualt, endangerment, disorderly. I think the rest is stretching it. Calling airsoft a firearm is just a little over-the-top. Crack down on those damn ping pong ball launchers too then. Hard to find much that doesn't claim it can cause death or bodily injury if misused for liability reasons. |
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No you didn't have this happen three weeks ago. The kids in the story weren't shooting these things at anyone but each other. What you had was three asshat kids that weren't beaten enough by their parents as small children. |
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We used to shoot each other with real BB guns when we were kids. Its just a nosey neighbor being anti-gun/anti kid having fun. Bitch shoulda been slapped for calling the police for a non emergency
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and that is exactly why you, and those like you, should never be allowed to be police officers. If you can't see why then you probably shouldn't even get a job as a mall ninja. |
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They are treating airsoft as deadly weapons because they look like deadly weapons and are completely un-PC... it's airsoft and replica weapon's looks that make it so that if you rob a store with one, you are convincted as if the weapon was real.
HOWEVER, since the issue here is the use of the "weapon" which is not deadly at all, the charges are stupid. |
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I was being sarcastic, too bad not everyone on this board can have a conversation or argument, what do you do for a living?
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Except it doesn't fit in this instance. |
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911 caller says the kids are firig the airsoft guns at her, officer arrives on scene, observes kids firing airsoft weapons... think there is enough there to meet the elements of the crime as they are written.
Also, I wonder if this is actually a misd. charge instead of a felony. THe uncle says it is a felony, but the article says a citation was written. In NC, citations are only writen for misd and infractions, not felony offenses (unless traffic-related) |
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They were shooting them at each other not the lady, so now it's her word against theirs. |
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And of course, overcharging them with reckless endangerment with a deadly weapon is how it works to. After all, you'll just let the lawyers plead it out. Might as well overcharge so justice can be done right? |
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Got me. I wasnt on scene with them and I dont know how their court system works. You could be completely or partially right, orrrrrrrrr you could be completely wrong.
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But if you were the victim of that crime would you say the same thing? |
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I know how the system works. The police routinely overcharge what they think the crime is, either by going with the next charge up or lumping together multiple charges because the DA or PA will usually plea it down. In the cop's mind that's the way justice is served. It doesn't make it right. Now if the woman thought she was being shot at then doesn't it stand to reason she realized it was BBs? After all, not hearing the gun shot would be her first clue. If she knew it was BBs then where's the deadly weapon. If she didn't realize she was being shot at with BBs then she probably wasn't being shot at, just saw two kids playing and overreacted. The story on the cop/complainant side just isn't coherent. |
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If they were shooting paintball guns would the cops have acted the same way? I highly doubt it. No this is simply because of the way the toy looks. |
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read what happened instead of running of at the mouth about something that has NOTHING to do with the current discussion |
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BB guns, spring or CO2 powered? Did they fire a metal or plastic BB? How about paintball guns? They can get upwards of 300fps and can put an eye out as well. |
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I wasnt on scene, so I dont the exact type of air rifle used. I'm pretty sure it has been metal BBs in most of the cases I'm aware of. As for the paintball guns, the charge could be applicable to them.
A number of people cue in on "deadly" and skip over the serious bodily injury part (not you in particular dport) |
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Thanks! I work in an area where people were getting robbed at gunpoint. It turns out the robbers were using a BB pistol that looked like a real pistol. Are you trying to tell me that if someone drew a gun on you at night that looked real, you wouldn't likely open fire on them??? I played with guns that look real and mad homemade bombs and all kinds of shit. Try and tell me kids can get away with that stuff now. I'm not saying I agree with it or like it, but that's the way things are, dude. |
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Look I'm all for upping the charges when the intent is to portray the object in question as a deadly weapon. I just don't see the circumstances in this case adding up. Like you say, neither of us were there. |
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Yep, it's a menace in a lot of neighborhoods. They will probably put those two criminals away for couple of years in the state pen if they can charge them as an adult. Take a couple of more criminals off the streets. |
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Most paintball guns don't use compressed air. They use CO2. |
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...or serious bodily injury Eye injuries. |
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Have you ever shot a $15 flea market airsoft gun ? My son has a couple and the chances of them taking an eye out are remote at best. Not powerful at all, unlike the more expensive airsoft guns that those guys use in their wargame events and things like that. |
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So can a good rock fight with the neighbor kids. So I guess we need to ban airsoft...and then rocks, dirt clods, snowballs, etc... You know, ban them for the children. |
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"Sorry Josh, we must take you and your friends penises away from you.
You could have killed or maimed someone. Don't ever let us catch you acting like young males again!" I can't believe this shit anymore. I really feel sorry for my grandchildren and the young people these days. And there are people here, that have taken the propaganda hook line and sinker Unbelievable GM |
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Regarding death, remember the case of the woman killed by a shot to the eye with the FN303 "eye putter outer turbo" less lethal weapon? That thing is basically a jazzed up paintball gun.
Actually, most use compressed air now. The price of air tanks has come way down, and it's superior to CO2, especially in cold weather. |
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