Airsoft brandishing charge

C

chris in va

New member
I posted about this a few weeks ago, here's an update.

An acquaintance of mine has an unruly kid, 12 years old. He was given a clear airsoft pistol for Christmas. All I really know is some pellets ended up in a neighbor's yard. It's alleged he was standing in their yard, shooting at their house, but I have no proof of that and neither does the neighbor.

All the neighbors can't stand them. They suspect one poisoned their (very friendly) outdoor cat as he came in and died one day. They couln't afford a toxicology.

So without actually seeing the kid waving the 'gun' around, one of the neighbors had the cops charge him with 'brandishing a firearm'.

Thoughts?
 
I think there might be better ways to handle this than filing a false police report. Talking with the parents might be a better first step.

I had a problem with a 15 year old boy who had some history of delinquency acting oddly toward me.

At a party, a mother of some other teens at the time apologised for her kids hopping a fence and cutting through my yard. The parents of the JD were present. I noted that I don't worry about the lads doing any real damage, because kids will be kids, but I do worry about one of them taking things too far and ending up bleeding to death on my living room floor.

All the problems stopped.
 
Filing a false police report is a crime in most jurisdictions. Would be better if they could get the kid on tape shooting at their house.
 
false acquisitions are still wrong

unless there is actual evidence of what the kid is allegedly guilty of I'd say your stepping into deep water. Even a juvenile has the right to judicial processes where they must be guilty not simply accused. During the juvenile hearing your friend is going to have to lie to the judge if he did not actually see the kid.

I'm no attorney but I've have years of dealing with HS kids who went through juvenile hearing. I was the teacher who always got those kids (by my own choice) to work with. A lot of time I had kids assigned to my program until the hearing and the case was dismissed.

I'll say this: I know there were cases where the kid was a definite PITA to people. Some of those kids got off becasue the accuser was wrong about the specific issue. Then the adult found it almost impossible to get the police involved a second time. In the long run you have to be very careful when you accuse anyone without actual proof of thier misdeeds.
 
I've raised 2 sons and many a neighborhood boy. One thing you learn as an adult is "You never P*** Off the neighborhood kids"

It's much better to get them on your side if possible cause they out number you and they move around at night. I would have handled this much different if possible.
 
Well I can tell you one thing, airsoft bbs travel A LOT. I find the things everywhere and there are millions of them out there.

As for a brandishing charge.... If it's clear and not painted there is little support there, it is "clearly" a toy ;) so thats not going to work. It would help to pull up the laws for what counts as "brandishing" in that area, they generally require a threat or perceived threat or menace... So if the kid was not holding up a store than that charge will not work.
 
Here's the VA code on 'brandishing'.

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
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But the thing is, the neighbor didn't actually see the kid do it, only found the pellets on the lawn and porch.
 
In a lot of jurisdictions discharging airsoft guns is illegal. In the city of Tucson you cannot discharge an airgun, slingshot, pea shooter, or any like device, which includes airsoft guns. I found this out the hard way.
 
the thing is, the neighbor didn't actually see the kid do it, only found the pellets on the lawn and porch.
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What if the kid didn't do it? Thats always a possibility.

I don't know about their religion, but mine says 'Thou shall not bear false witness against your neighbour'.
 
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
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There you go. I'm betting that they did not make the call to 911 hiding in a closet ;)

Read all laws carfully!
 
So without actually seeing the kid waving the 'gun' around, one of the neighbors had the cops charge him with 'brandishing a firearm'.
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It would seem pretty irresponsible for the police to charge the kid without a witness to a crime that effectively requires a witness.
 
For the life of me why would anyone purchase a "toy" gun for an unruly 12 year old???? :confused:

Okay, I didn't think anyone can be charged with brandishing if the firearm wasn't displayed in a threatening manner towards a non-threatening person or non-threatening animal in the presence of a person???

Sounds like your issue is with the LE and the prosecutor who'll accept as gospel what the LZE officers wrote up.
 
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