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yep, I'm saying a hand held BB gun won't kill you.



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Originally Posted by RockyRaab
KFWA, nowhere in the story - NOWHERE - is the assumption that the officer "knew" he was facing a 12-yo with a BB gun. You're making that assumption long after the event.

In real time, the cops get a call about a person waving a gun at people. They show up, and find a person who raises his shirt to expose a gun butt. At that instant in time, that is ALL the officer knows.


I'm not making that assumption - I'm arguing the point that Ethan said there should be a distinction between a bb gun and an air soft rifle.

I do take exception to it not being reported to the police that it was probably a juvenile and the gun was a "fake" (where the whole distinction argument began).

If the officer is approaching this with the idea they believe its a kid with a toy, then I hope to god there is enough humanity left with those carrying a badge they would have approached the situation with more reserve.

Something tells me there will be some that argue they wouldn't have and would have shot the kid just as quickly either way.

Last edited by KFWA; 11/24/14.

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Originally Posted by gitem_12
Originally Posted by KFWA
Originally Posted by EthanEdwards
Originally Posted by KFWA
If that is what we're talking about

but I'm focusing on the "A BB gun is a weapon" statement which would read as a justification for being shot for waving it around.
In an absolute sense it is justification for shooting somebody. You can't figure this out? In the first place, if somebody fears for their life and the fear is understandable, that is Justifiable Homicide in most locations across the land. In the second place, as illustrated, a BB gun is a weapon. So in an absolute sense, the Officer would be justified even if he knew the kid had a BB gun as opposed to a "real" gun. For at least the third time here, I don't think that is the case and I highly doubt the Officer would shoot a kid if he'd known the gun was a BB gun. What don't you understand about the law?


I'm sorry, but if a cop feels he is justified in shooting a 12 year old kid for shooting a bb gun at him - knowing it was a bb gun - then turn in your badge, change the law and lets collectively hold our head in shame as a society.

An airsoft gun or a bb gun or a Colt 1911 tucked into the waist band of a kid - OK I get that - you can't tell if its a real gun (real gun being - its shoots a damn bullet with gunpowder, not air) .I'm not happy about it because dammit, you give a 12 year old the benefit of the doubt, but I get it

but to tell me that the law backs a cop shooting a kid *knowing* it was a bb gun because its defined as a weapon?

screw that - that is taking the "I'm gonna get home tonight safe" bullshit too far.




Without having the gun in hand, how am I supposed to KNOW it's a bb gun?

You're supposed to get shot and killed and leave your own kids fatherless because some parent was too stupid to tell his kid not to point guns at people.

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Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.



Interesting grey area. If he shot your eye out, would you kill him before he got the other?


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Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.

You're absolutely wrong. I have no idea about this gun, but many generate enough velocity to kill. You don't think that tons of birds are killed each year when one BB hits them? I'm not looking it up right now but there are probably some instances available. I think there were two listed in the article that I posted a link to, but I didn't follow the links and can't vouch for their veracity. Most people know that BB guns are capable of killing.

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Originally Posted by ltppowell
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.



Interesting grey area. If he shot your eye out, would you kill him before he got the other?


sounds like the kid is a crack shot.


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There are plenty...
____

Brother Won't Face Criminal Charges In BB Gun Death
Prosecutor says shot fired by brother was "tragic accident."

By Rick Rousos
THE LEDGER


BARTOW | Taylor Richardson, 13, who shot and killed his 10-year-old brother, Skyler, with a BB gun, will not face criminal charges.

The prosecutor who reviewed the case calls it "a tragic accident."

The boy's mother and her boyfriend also will not be charged in the March 13 shooting.

"Our office has considered this case, keeping in mind that (Taylor) is 13 years of age and is a student at Roosevelt Academy," a letter forwarded Thursday from Assistant State Attorney Tammy Glotfelty to Polk County Sheriff's Detective Ernest Fulcher said. Fulcher investigated the shooting.

"After a thorough review of the facts, available to our office at this time, it is our opinion that this case can only be seen as a tragic accident," Glotfelty wrote.

Taylor Richardson was playing outside his home on Otto Polk Road with Skyler on March 13. Both had new BB guns and were firing blasts of "air" at each other from close range, thinking there were no BBs in the guns, according to reports.

Taylor shot Skyler from a distance of about 6 inches, but the gun had a BB in it.

The BB went from above Skyler's right ear to the other side of his skull, according to the Sheriff's Office. Skyler was flown to St. Joseph's Hospital in Tampa and died a week later.

Heather Richardson periodically checked on her boys while she made dinner. Her boyfriend, Gary Brown, was also in the house.

Taylor told Fulcher that the brothers were playing around and shooting air at each other "because it felt weird and stuff like that," according to a report filed by Fulcher.

A sheriff's investigator who handled Skyler's BB gun after the shooting also thought it was unloaded but was told by a crime scene technician that 11 BBs remained in the gun, a report said.

Skyler was a fourth-grader at Ben Hill Griffin Jr. Elementary School in Frostproof.

After spring break, Taylor returned to his seventh-grade classes at Roosevelt, Principal Debra Edwards said. She said she is happy that Taylor won't face charges in the accident. She said not charging Taylor is the right decision.

"We're just thrilled about this. We've tried not to think about it, but that hasn't been easy," Edwards said.

"The family has gone through enough tragedy, losing a son and a brother. This is something Taylor will have to live with for the rest of his life."

Taylor missed a few weeks of school and came back after spring break, which ended March 29, Edwards said.

"He's been back with his friends, doing the same ol', same ol'."

Sheriff Grady Judd, whose office investigated, said the Sheriff's Office "concurs with the State Attorney's decision not to prosecute.

"The family is certainly in our hearts and prayers" for the tragedy they've endured, Judd said.

The Ledger was unable to reach the family late Thursday.

[ Ledger reporter Jason Geary contributed to this story. ]



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Originally Posted by EthanEdwards
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.

You're absolutely wrong. I have no idea about this gun, but many generate enough velocity to kill. You don't think that tons of birds are killed each year when one BB hits them? I'm not looking it up right now but there are probably some instances available. I think there were two listed in the article that I posted a link to, but I didn't follow the links and can't vouch for their veracity. Most people know that BB guns are capable of killing.


birds

seriously?


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Originally Posted by KFWA
Originally Posted by ltppowell
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.



Interesting grey area. If he shot your eye out, would you kill him before he got the other?


sounds like the kid is a crack shot.


I was.


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Originally Posted by ltppowell
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.



Interesting grey area. If he shot your eye out, would you kill him before he got the other?
Take note that I didn't argue that the kid should have been killed, just that technically it would be Justifiable Homicide in most areas under the law.

Another interesting question is, if you knew the kid was going to shoot your eye out would you let him if the only option was shooting him to prevent it. What if he was pointing the BB gun at another kid, the way he probably was doing before the cops got there? The report was that he was pointing it at people.

Under most self-defense law the threshold is "life and limb" meaning that it is justifiable to kill somebody to prevent him from maiming you or another person. Another thing is this, if the projectile can put your eye out it is very possible it could travel farther into your brain and kill you.

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Originally Posted by KFWA
Originally Posted by EthanEdwards
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.

You're absolutely wrong. I have no idea about this gun, but many generate enough velocity to kill. You don't think that tons of birds are killed each year when one BB hits them? I'm not looking it up right now but there are probably some instances available. I think there were two listed in the article that I posted a link to, but I didn't follow the links and can't vouch for their veracity. Most people know that BB guns are capable of killing.


birds

seriously?
You don't realize that lots of Turkey Loads are filled with BB's? Typically the whole load doesn't hit the Turkey. I'm sure one BB kills a lot of them. Same with Waterfowl loads. Lots of guys feel like BB's are good enough for self-defense when loaded in shotshells.

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Originally Posted by ltppowell
Originally Posted by KFWA
Originally Posted by ltppowell
Originally Posted by KFWA
yep, I'm saying a hand held BB gun won't kill you.



Interesting grey area. If he shot your eye out, would you kill him before he got the other?


sounds like the kid is a crack shot.


I was.
Nobody would believe how much stuff I killed with a BB gun when I was a kid.

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its really come to the point where a cop is telling me a bb gun is a lethal weapon and a justifiable shooting because he isn't going to get an eye put out?


clearly I am out of step with America today.

I'll wait for the sling shot and dirt clod Brady Bill to come to pass.


Last edited by KFWA; 11/24/14.

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Somebody put up a photo of the BB gun and lets argue about someone flashing that thing around in public, pointing it at people, and life expectancies in todays society! That gun looks real.

We used to play all the gun games when I was a kid, cowboys and indians, cops and robbers, etc. but I guess those days are gone forever. Boys nowadays need to take up knitting, with stab-resistant needles.


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Originally Posted by KFWA
its really come to the point where a cop is telling me a bb gun is a lethal weapon and a justifiable shooting because he isn't going to get an eye put out?


clearly I am out of step with America today.

I'll wait for the sling shot and dirt clod Brady Bill to come to pass.

I'm not a cop nor am I a lawyer. I'm just telling you that's how I understand the law.

You asked questions and I answered them even though I think what I was saying was clear from the jump. You never answered Pat's query as to whether you'd stand there and let the kid blind you just because you knew it was a BB gun and therefore, "not deadly" in your mind.

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Originally Posted by KFWA
Originally Posted by RockyRaab
KFWA, nowhere in the story - NOWHERE - is the assumption that the officer "knew" he was facing a 12-yo with a BB gun. You're making that assumption long after the event.

In real time, the cops get a call about a person waving a gun at people. They show up, and find a person who raises his shirt to expose a gun butt. At that instant in time, that is ALL the officer knows.


I'm not making that assumption - I'm arguing the point that Ethan said there should be a distinction between a bb gun and an air soft rifle.

I do take exception to it not being reported to the police that it was probably a juvenile and the gun was a "fake" (where the whole distinction argument began).

If the officer is approaching this with the idea they believe its a kid with a toy, then I hope to god there is enough humanity left with those carrying a badge they would have approached the situation with more reserve.

Something tells me there will be some that argue they wouldn't have and would have shot the kid just as quickly either way.


Here's something worth considering.

Where did the shooting occur?

Was the park in the middle of a gang bangin' crime ridden hood?

If it was would that influence the officer's apprehension about confronting a black yute with a pistol?

Here's a pic I found googling. If it is the kid he sure doesn't look like a typical 12 year old.

[Linked Image]





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airsoft 1911
[Linked Image]

1911 BB gun 410 fps
[Linked Image]


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence". John Adams

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Originally Posted by Fireball2
Somebody put up a photo of the BB gun and lets argue about someone flashing that thing around in public, pointing it at people, and life expectancies in todays society! That gun looks real.

We used to play all the gun games when I was a kid, cowboys and indians, cops and robbers, etc. but I guess those days are gone forever. Boys nowadays need to take up knitting, with stab-resistant needles.
Kids used to shoot each other with BB guns for fun too. See my post that's back a bit. That doesn't mean it's a good idea or that an older kid should go pointing BB guns at the popo.

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Originally Posted by Fireball2
Somebody put up a photo of the BB gun and lets argue about someone flashing that thing around in public, pointing it at people, and life expectancies in todays society! That gun looks real.



[Linked Image]

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Ahh...the twist.

______


Tamir Rice, 12-year-old shot by Cleveland police for playing with a toy gun has died

Tamir Rice,Tamir Rice, 12-year-old shot by Cleveland police for playing with a toy gun has died.

This is a sad and unfortunate story. Cleveland police fatally shot 12-year-old Tamir Rice on Saturday, after they responded to a 911 call about a boy playing with a toy gun. Rice died early Sunday morning at MetroHealth Medical Center.

According to Cleveland deputy police Chief Ed Tomba, Rice was shot twice after pulling the gun from the waistband of his pants.

�The boy did not make any verbal threats nor point the gun towards the officers,� said Chief Tomba added.

Chief Tomba also added that the weapon was an "airsoft" replica gun that resembled a semi-automatic pistol.

The two officers involved have been placed on administrative leave, pending an investigation.



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