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Newton Teen Arrested for ADW BB Gun

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http://www.boston.com/yourtown/news/newton/2009/09/13yearold_newton_boy_charged_w.html


Newton
13-year-old Newton boy charged with shooting fellow students with BB gun
E-Mail|Link|Comments (1) Posted September 22, 2009 11:07 AM

By Matt Rocheleau, Globe Correspondent

A 13-year-old boy who allegedly shot four other students with a BB gun at the Frank Ashley Day Middle School in Newton on Friday faces four counts of juvenile charges of assault and battery with a dangerous weapon, police said today.

The alleged suspect, whose name is not being released because of his age, pulled a BB gun from his backpack and began firing at a large crowd of students who were waiting for a bus, according to a Newton police report.

The report said students were waiting by the Gath Pool near Albemarle Field at around 4:15 p.m. on Friday, shortly following the dismissal of after school activities held at the field, such as football and soccer.

The BB gun was covered with the alleged suspect’s shirt but several students said they observed a black barrel with an orange tip sticking out from the suspect’s shirt.

“All of a sudden [one student] heard a click, click, click sound,” said the police report. “[The suspect] pointed the thing at him and he heard a click sound, and the right arm on his shirt ripped, and he felt pain. … there was a small welt on the student’s deltoid muscle.”

Police said they interviewed four male students who said they were hit and each had visible welts. One was shot on his arm, another shot on his calf, another on the back of his neck, and another on his abdomen.

Officials said they offered to call ambulances for each student who was hit, but each declined

The suspect had left the scene, but witnesses identified him and officers went to the suspect’s home.

There, police spoke with his mother to explain their visit, went upstairs and retrieved the alleged weapon, a KWC BB Gun which was a replica of a Smith and Wesson Model 4506, and a small nylon bag which contained several hundred plastic BB’s.

Police filed a complaint Waltham District Court (Juvenile Session) against the alleged suspect with four counts on assault and battery by means of a dangerous weapon.

The school’s principal and Newton’s superintendent did not respond to messages left by the Globe Tuesday morning.

However, the school’s principal, Gina Healy e-mailed parents to inform them of what she called a “disturbing incident.”

“Of course, there will be serious school and legal consequences,” she said in an e-mail explaining what happened. “The safety and well-being of all students at Day is of paramount importance, and we want children to feel secure in their school environment. We are doing all we can to foster a healthy and safe environment and to respond appropriately when our sense of security is threatened. If your child would like to speak to someone at school about this incident, s/he should contact her/his guidance counselor or other trusted adult.”
 
It's a plastic bb.
As long as you don't get it in the eye, just walk it off.

Someone I know was arrested for shooting a water gun at kids in high school. He had his truck towed as well.
 
http://grizzlymike.com/airsoft/Airsoft/SWAIRSOFT/SW4506BK-T.GIF
SW4506BK-T.GIF
 
Coming soon: license required for airsoft purchase, limits on "ammunition" storage, all transfers to be reported to the state. This time it is literally for the children.
 
Where do they draw the line? Is this illegal too?

FYI I don't condone what the kid did, but where does it end???


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Personally, I really dislike the airsoft replica guns. Sure they have the orange tip, but these are easily removed, and if some idiot points an authentic-looking toy gun at some unsuspecting shop keeper the results may not be good.
 
I have been shot by all sorts of those airsoft pistols, you barely feel them through clothing. What the boy did was wrong but labeling the airsoft gun a dangerous weapon is a bit much.
 
Anyone have the MGL definition for a "Dangerous Weapon"

I know the New Hampshire Definition is any object which, in the mannor employed could likely result in serious injury and or death.

I seriously doubt that an air-soft firing 8mm nylon pellets could "likely result in serious injury and or death" but MA might have a different definition.

While I totally disagree with the kids actions, I also disagree with the charges being filed. Simple Assault or Assault and Battery would likely have been more accurate. Not that the news report was overly concerned about accurately protraying what happen.

BB gun does not equal Airsoft toy gun.

BTW, removing the organge "tip" from a toy gun is a felony. If someone removes the tip from a toy gun and points it at someone, they were likely attempting to make the person THINK they had a real gun and should expect a similar response.
 
I have been shot by all sorts of those airsoft pistols, you barely feel them through clothing. What the boy did was wrong but labeling the airsoft gun a deadly weapon is a bit much.
Now he gets to hire a lawyer and try to convince a judge of that...

What a wonderful world...

Spanking is bad, but destroying your life for youthful indiscretions and bankrupting your parents - that's justice... [thinking]
 
Precident tells us that using a fake weapon to assault someone carries the same penalties as using the real thing. What this kid did was wrong and should be punished severely. This is kinds of disturbing, too, that he would have the inclination to shoot people. I also agree that the parents should be beaten with a cinderblock.
 
Anyone have the MGL definition for a "Dangerous Weapon"
Per a previous discussion, I don't think you are going to find a definition that answers the question definitively...

I could be wrong as IANAL, but as I understand it, speaking with former ADAs, it is a subjective assessment based on context and case-law...
 
if some idiot points an authentic-looking toy gun at some unsuspecting shop keeper the results may not be good.

In what sense, "not ... good"?

Bad for the idiot robber with an airsoft, probably good for the public to get rid of the idiot.

Anyway, word would get out.

Right now, I'd love to know the results of a poll taken at a high school -- "Besides being immoral, what is wrong with robbing a store with a toy gun?"

I'd bet that few would realize it could get them killed.
 
A friend of mine who owns a liquor store stopped a robbery last year by using deadly force. I can assure you it was not good for anyone.
 
I'm surprised that this didn't hit the media as some huge school shooting. Is John Rosenthal on vacation?
 
Im surprised they didnt call it an "assault bb rifle" ...

I have shown this picture to a few of you here but I love posting it so here it is. One of these is a toy, and slightly off screen has an orange tip. If you look carefully at the one on the right you can see that the Colt markings have actually been melted off in order to make it through customs being shipped here from Japan. This is hardly the toy in question in the story but you can easily see how even someone familiar with firearms would be able to mistake one of these for the real deal. I am obviously not against airsoft, but there are many situations where it can be seen as more than a toy. However I would not go as far as to claim it was a dangerous weapon.

IMG_1240.jpg
 
Found the MGLs

First the MGL that "defines" Dangerous Weapon

CHAPTER 269. CRIMES AGAINST PUBLIC PEACE


Chapter 269: Section 10. Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment


Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:

<Snip subsection 1-4>
(5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:

(1) being present in or on his residence or place of business; or

(2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

(3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

(4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or

(5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or

(6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B;

shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

Ok, so what is Chapter 269: Section 12B regarding Air Rifles?

Chapter 269: Section 12B. Air rifles; possession by minors; shooting


Section 12B. No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.

So, Under MGL Capter 269 Section 10, An "Air-Rifle" or "so called BB-gun" is a dangerous weapon. In addition, if the kid was under 18 (clearly he is) he has not complied with Chapter 269 Section 12B and is thus in violation of Chapter 269 Section 10.

Further more, since he fired it outside of adult supervision, he is also in violation of Chapter 269 Section 12B as well (unless he has a hunting licence) and the Air-Soft rifle should be remitted to the Colonel of the State Police for disposal.

Also, it's illegal to sell an air-rifle (there's no actual definition of air-rifle in the MGL) to someone under the age of 18. So, did the kid buy it or did mom/dad buy it for him?

Chapter 269: Section 12A. Air rifles; sale to minors


Section 12A. Whoever sells to a minor under the age of eighteen or whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of eighteen an air rifle or so-called BB gun, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than six months.
 
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