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View Diary: Updated - Game over: 14 Year Old Drops Gun at Basketball Game (87 comments)

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  •  NYS has different standards than the (1+ / 0-)
    Recommended by:
    WakeUpNeo

    Encyclopaedia Britannica ?
    Than the coroner who did the death certificate ?

    You claimed a BB gun is "not a weapon".

    And a BB gun can take an eye out but it is not a weapon.
    Clearly it is . For you to claim otherwise ...

    "Drop the name-calling." Meteor Blades 2/4/11

    by indycam on Wed Jan 09, 2013 at 10:36:15 AM PST

    [ Parent ]

    •  NYS Penal Law: (3+ / 0-)
      Recommended by:
      Otteray Scribe, gerrilea, PavePusher

      Article 265:  FIREARMS AND OTHER DANGEROUS WEAPONS

      http://ypdcrime.com/...

    •  Please reference 43N's link....nope it's not a (0+ / 0-)

      weapon.

      -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

      by gerrilea on Wed Jan 09, 2013 at 08:17:31 PM PST

      [ Parent ]

      •  Not true - Explain these sections from cited info: (1+ / 0-)
        Recommended by:
        PinHole
        S 265.05 Unlawful possession of weapons by persons under sixteen.

        It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.

        A person who violates the provisions of this section shall be adjudged a juvenile delinquent.

        ---

        S 265.06 Unlawful possession of a weapon upon school grounds.

        It shall be unlawful for any person age sixteen or older to knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge in or upon a building or grounds, used for educational purposes, of any  school, college or university, without the written authorization of such educational institution.

        Unlawful possession of a weapon upon school grounds is a violation.

        Thanks for the link --- It helps to keep the conversation reality-based.
      •  Another view, from Utica: (1+ / 0-)
        Recommended by:
        PinHole
        Pistol incident cancels game at Donovan school in Utica  

        Observer-Dispatch
        Posted Jan 08, 2013 @ 08:01 PM
        Last update Jan 09, 2013 @ 02:31 AM

        UTICA — A girls modified basketball game at a Utica middle school was called off Tuesday night after a teenage boy dropped a pistol on the floor and a police pursuit ensued...

        The officer noticed it was a handgun and yelled to another officer who was in uniform and on duty as a school resource officer at the game, police said...

        They chased him outside and repeatedly ordered him to drop the gun, but instead he pointed the gun at police, officials said... (continues)

        The article goes on to explain how the officers had to seek cover as they confronted the suspect and "continuously asked" him to "drop the gun" --- and they only learned it was a "BB" gun and that the suspect was 14 after taking him into custody.
      •  This story includes video showing the weapon: (1+ / 0-)
        Recommended by:
        PinHole
        Utica middle school hoops game cut short by teen with pellet gun

        Published: 1/09 8:20 am
        Updated: 1/09 7:17 pm

        UTICA, N.Y. (AP) - Authorities say a 14-year-old boy is in custody after an armed encounter with Utica police when he dropped what appeared to be a pistol while attending a basketball game.

        Officials tell local media outlets that an off-duty Utica police officer was at Tuesday night's girls modified basketball game at Donovan Junior High on Noyes Street when the officer heard something hit the hardwood floor and noticed a teenage boy picking up what looked like a handgun...

        Police say the officers repeatedly ordered the teen to drop the gun as he pointed the weapon at them. The boy eventually dropped the weapon, which turned out to be a BB gun...

      •  One more story here, with video if you have TWC: (1+ / 0-)
        Recommended by:
        PinHole
        Police thankful coming out of middle school gun scare

        By: Andrew Sorensen

        Parents and kids in Utica were shaken up after a scare at a middle school basketball game Tuesday night. A gun wound up on the gym floor and from there, the situation only escalated. YNN's Andrew Sorensen has details of what unfolded and why police are happy the incident ended the way it did...

        “He pointed the gun at the female officer and they took cover,” Hauck said...

        Police say they're still investigating why the boy had the gun, but any charges that come from it will likely play out in family court... (continues)

      •  A similar incident out of Janesville, WI (1+ / 0-)
        Recommended by:
        PinHole
        Police: Janesville boy's bb gun causes scare

        By GAZETTE STAFF
        Thursday, December 27, 2012 - 3:16 p.m.

        JANESVILLE—Police had to remind a Janesville boy of the gravity of recent shooting deaths after reports that he was walking around his neighbor-hood pointing a look-alike assault rifle at passing vehicles.

        Police were called to the 1600 block of Lexington Drive after reports came in at about 2 p.m. today of a male in camouflage brandishing an assault rifle at passing traffic near the corner of Blackbridge Road and North Lexington Drive on Janesville’s east side, according to 911 scanner traffic.

        Several officers rushed to the area and blocked off nearby streets and told neighbors to stay inside their homes as police armed with assault rifles searched yards around nearby residences...

        (continues)

        •  Key quote of why I'm trying to be impartial (0+ / 0-)

          AND not be emotionally manipulated:

          He said police explained to the boy that he had alarmed motorists, police and people in the neighborhood, and that it’s a bad idea to walk around in public openly brandishing any kind of a gun.
          This misinformation is propaganda meant to manipulate people into fear control.
          Brandished Law & Legal Definition

          Federal law defines brandished as, “with reference to a dangerous weapon (including a firearm) means that all or part of the weapon was displayed, or the presence of the weapon was otherwise made known to another person, in order to intimidate that person, regardless of whether the weapon was directly visible to that person. Accordingly, although the dangerous weapon does not have to be directly visible, the weapon must be present.” (18 USCS Appx § 1B1.1)

          The law makes clear intent, not perceived/manufactured fear.

          It is not illegal for a 12 yr old to play being a commando, not yet anyways.

          Hey, but I still hold the position that if you want these things to end, stop teaching our children how to be such through video games, movies and television, simple.

          No one in my generation pretended to be commandos on a mission...most of us, if we ever considered going into the military it was because it was a way out of the poverty we were forced into, for no other reasons.

          We didn't have dreams of being the hero on some secret mission to save the world and die in a blaze of glory.

          See the problem yet?

          -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

          by gerrilea on Thu Jan 10, 2013 at 05:42:12 AM PST

          [ Parent ]

          •  Yes, I do see a problem, and this is a symptom. (0+ / 0-)

            And am sorry you do not see this as a real problem.

            "Just having fun" and "boys will be boys," I guess?

            he was walking around his neighborhood pointing a look-alike assault rifle at passing vehicles.
            •  Were you not ever a child? You cannot criminalize (0+ / 0-)

              childhood AND that's exactly what I see you trying to do here.

              Its bad enough we are drugging our children at levels never before seen in human history because they are kids.  

              http://www.huffingtonpost.com/...

              You now want them to be something other than what they see on TV, movies and video games.  If you don't want them to get ideas then demand these things not be allowed.  

              Place the blame where it legitimately belongs, on society and the media moguls that make billions by conditioning children to act in violent ways, or in this specific case, they way you don't like, "playing commando".

              -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

              by gerrilea on Thu Jan 10, 2013 at 10:05:24 PM PST

              [ Parent ]

      •  "Not a weapon" and "Not a gun"? (1+ / 0-)
        Recommended by:
        PinHole

        For an "Air Rifle" recently available online ---

        Follow this link for photos, further specs and discussion.


        Warning:

         Airguns and airsoft guns are not toys and are recommended for use by those 16 years of age or older. Adult supervision is required. Misuse or careless use may cause serious injury. Do not brandish or display your airgun/airsoft gun in public. It may confuse people and it may be a crime. Police and others may think an airgun/airsoft gun is a firearm. Do not change the coloration or markings to make it look more like a firearm. Buyer and user should conform to all laws governing the use and ownership of their airgun/airsoft gun. The person handling the airgun/airsoft gun and anyone nearby should always wear protective eyewear. Read all instructions before using. Always use care and shoot safely.

        (Some emphasis added)
        •  Air "guns" are not firearms and not restricted (0+ / 0-)

          in NYS.

          http://public.leginfo.state.ny.us/...

          Each State can define and regulate as they see fit.  NYS has made it clear, they are not weapons.

          -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

          by gerrilea on Thu Jan 10, 2013 at 05:50:55 AM PST

          [ Parent ]

          •  Yes, and no. (0+ / 0-)

            Air guns are not firearms, but are among weapons subject to restrictions --- and are covered in NYS statutes.

            See cited sections elsewhere in this thread.

            •  What part are we not agreeing with here? (0+ / 0-)

              Most everything is regulated in this society AND most things are not considered weapons, as BB guns are not.

              You want them to be labeled "weapons" so you can fulfill and justify your fear porn agenda.  

              That is why I spoke up in your diary.

              Please stop this manipulation, it does no one any good.

              -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

              by gerrilea on Thu Jan 10, 2013 at 10:08:24 PM PST

              [ Parent ]

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