Assault and Batteries?

[AFpheonix]

Perhaps - but the child was aiming a pellet gun at an elderly woman in a wheelchair.

It's unlikely the pellet gun could have killed her, but it's quite likely she's in the group of people who would have suffered a great deal more than the average person, had he hit her.

The cop did good, IMO.

And I don't disagree you in the least. In fact, you've pretty much echoed the part of my post that you didn't quote.
I was simply referring to the many other posts made on previous pages about the fear of the cops shooting at the child with the gun, and how unlikely that would be since it was obviously not a real weapon.

[Lehk]

i am assuming it was an airsoft gun.


you don't shoot those at unsuspecting people, or anyone not wearing eye protection.

i still have a half-dollar sized bruise where i shot my leg to test out my new airsoft shotgun last weekend and welts all over from where i got shot during the games.

[JustADude]

Remember, the OP said nothing about the cop shooting, just slapping a pair of shiny handcuffs on him. Perfectly reasonable when a teenager is acting like a hellion in public. I know if I'd have been there I'd have yanked the gun out of his hand and emptied the clip into him at point-blank range while asking how HE liked it... so best I wasn't there, 'cause I really don't need a criminal record.

[Seshat]

Repsac mentioned that the gun in the OP was clear plastic. Doesn't look like a gun, so it would be highly unlikely that the cops would be shooting to kill or wound a child wielding an obvious toy.

Perhaps - but the child was aiming a pellet gun at an elderly woman in a wheelchair.

What neither the child nor the cop (nor us!) knows is why the woman was in the wheelchair. Maybe she had osteoporosis. Many elderly women do. Maybe the force of the pellet would have been enough to break bones made fragile by osteoporosis.

Maybe she had something else. Certainly, unless she was a wheelchair athlete, she wouldn't have been able to dodge. (Though some wheelchair athletes are incredibly good!)

It's unlikely the pellet gun could have killed her, but it's quite likely she's in the group of people who would have suffered a great deal more than the average person, had he hit her.

The cop did good, IMO.

[repsac]

To be honest, I'm not so sure the fact that the gun was clear mattered that much to the lady. I've not heard much about this with the festival (which now with the blue angels crash is looking like it won't happen) coming up.

Did a bit of research and bugged an officer about this though.

He claims that the way the laws are written, it doesn't matter what the gun looks like. If someone threatens you and you fear any form of physical harm, then it's considerd assault under the law.

[Gawdzillers]

I've been in Airsoft wars.
No lasting marks, but those things are harmful and scary as hell.
Really, when I got hit by one, I was more frightened than anything.

[AFpheonix]

Repsac mentioned that the gun in the OP was clear plastic. Doesn't look like a gun, so it would be highly unlikely that the cops would be shooting to kill or wound a child wielding an obvious toy.

That being said, I'm glad they scared the living crap out of that kid by arresting him. He deserved it.

[draggar]

I highly doubt any sane cop is going to shoot a child.

We've had instances here where children were tazered by our police, and I think the police did the right thing.

I'm sure if given, the child or the officer, the officer would shoot.

My state has a series of laws that are commonly called under one name. The so called "Gunslinger Law."

Basically it works out that anyone who carries a firearm (even citizens) who witnesses a crime in action or is the victim of one; can use any and all force, up to deadly force, if they feel such is warranted. This even means that if someone pulls a knife on them or another person, they can shoot to kill.

Florida just started enforcing that a year or two ago. Before, technically, you couldn't fight back.

I just thought I'd love to see the judge talking to the mother.. "So, you're pressing charges against the police because your son was fired while he was firing a gun at an elderly lady?"

[draggar]

Big mistake that. Someone had witnessed the incident and took off after Precious, nearly tackling the boy to the ground. Precious soon finds that he's got some nice heavy bracelets on his hands. In short, a cop had witnessed the incident.

You know that mother had the gall to say "Ah, it's just a toy." to the officer? I suspect, Precious is going to have a bad week, since the officer didn't look amused and I overheard that the lady was pressing charges.

Let's see, assault and battery with a deadly weapon (we could also add in with the intent to cause harm and attempted murder), several counts of vandalism and destruction of property, brandishing and firing a firarm on public property, plus against the mother, child endangerment, contributing to the deliquency of a minor, plus she can be held accountable for all the charges against her son.

If you ever see that police officer again, tell him he did a DAMN good job.

[Rahmota]

umm you're talking about the airsoft pistolas and rifles right? You do know the military uses them for training purposes as a non-lethal way of acclimating personel to combat. It would take a miracle shot to kill someone with one of those things as I've been shot on bare skin from under 10 feet away and not even have a welt form. Unless you are using steel bb/pellets or green-gas airsoft guns they are a lot closer to toys than not. Though I will give police the benefit of the doubt that in their line of work they can't take the time to double check. But then again anyone like the little brat in the OP story shouldnt be waving one around in the parking lot of a store anyhow.

Oh and how do I know how they feel from being shot by one?. My friend and my 2 oldest kids all go out into the woods and play wargames with them as its cheaper than the paintball guns we used to play with. All you need is the barest of equipment (goggles,long sleeve shirt and long pants) and you're ready for fun.

MMATM: Ditto on most of what you said. Someone pulls a firearm on me they better hope I dont have mine on me because I will fire and not to wound because that is what I am going to believe they are going to do.

The biggest problem with airosft/pellet guns/life in general is the lack of parental involvement, training, and common sense in their usage. I mean I've made certain the kids understand the difference between the letahal areal firearms and the toy non-leathal replicas like airosft, and cap guns. Appropriate targets and usage. That outside the games no targetting people etc.... An involved parent begets responsible children.

[HalloranElder]

Edit: And don't worry, The avatar will be changing soonish. I just need to find a good Zaphod.

How about http://news.bbc.co.uk/olmedia/770000...blebrox150.jpg ?

[RecoveringKinkoid]

"I mean, it looked like he got date-raped by an octopus with a bingo-dabber."



This is the most awesome visual I think I have ever read.

[Doodad]

nowadays cops err on the side of caution when it comes to toy guns that LOOK LIKE the real thing. Back when I was a kid, toy guns looked like toys. BUT my goodness how times have changed! Toy guns that look more real than the real thing & cops can't afford to stand there & think about if the gun that's being pointed at them or being pointed at somebody or something that may or may not be real. The gist is.."shoot first & ask questions later".
So if from a distance you saw somebody carry a gun, how could you tell if it was real or not? & even pellet guns, if fired from a certain distance can inflict serious injury.
So the cop in this instance did the right thing.

That is why all pellet and other "non-lethal" guns have orange on the barrel or sights somewhere.

When I was a kid (long ago) the best guns were dead on realistic. That was the point. Of course, we did not and would not ever shoot anyone or thing with them other than cans etc. The problem is parents and lack thereof.

Case in point. I am sitting in my living room one night and hear plink plink off my house. I exit the rear and walk around to find two kids in the neighbor's driveway shooting the streetlight and ricocheting on my house! I yell and ask them wth. They run inside and out comes dad who is visiting the neighbor. Guy is a complete asshat.

They are just shooting the light he says.

So I say, "and that is an appropriate target to you? Destroying public property is acceptable behavior to you? Maybe you should teach them how to shoot. BTW, there is a city ordinance regarding juveniles shooting air guns probably because of people like you."

He gets in my face (big mistake) and says something about making a federal case about it. I asked him if he saw any cops, but since he could not be reasoned with I guess they should be called. I walked away and he FLEW out of the neighborhood.

[MMATM]

Indeed, MadMike. And sometimes the cops and/or the state gets in trouble when someone dies after pulling a fake gun on a cop. As if the cop should have been able to tell the gun was a fake... when it's designed to look real... from a distance... when the PURPOSE OF THE GUN IS TO LOOK REAL.

As for the gunslinger laws, I'd rather have those than the laws in some states, which mandate that if someone pulls a gun on you and you pull yours in response, even if they are about to shoot you from point blank range, it is not considered self defense to shoot at the person UNLESS THEY SHOOT AT YOU FIRST. Now tell me how many people would sit and wait for some gangbanger wannabe to get the first clean shot off before returning fire? If someone points a gun at you, you don't wait to be shot! YOU SHOOT! PERIOD.
Some laws need to be looked at really hard by people who aren't afflicted with Stupid Sonuva Syndrome.

Also, anytime anyone uses a paintball marker to commit a crime my blood pressure goes up. For those of us on organized teams or those who just like to putz around a little, it should be a sport that isn't stigmatized due to a bunch of hotshot "I-can-get-a-paintball-gun-without-a-background-check-from-[discount store]" jerks. And yes, paintball is statistically one of the safest sports out there.

[blas]

People who rob stores and banks and whatnot with fake guns, for the "effect", kids that go around pointing fake guns at people.......and since they are so convincing, the police have no idea and assume they are real and must treat the situation accordingly.