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Author Topic: Air-soft gun rated 16+ for a 10-year old?  (Read 2251 times)

Kent

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Air-soft gun rated 16+ for a 10-year old?
« on: Jul 11, 2006, 07:52:26 AM »
Dear Soc,

Brief history: I (father) have sole legal, permanent residency, and shared physical on a week-to-week basis.

Knowingly against my will, the mother has bought an "air-soft gun" for our 10 year old son, and intends to let him play with it outside, unsupervised.
The package said the gun is only for age groups 16+.
I believe these guns are dangerous (numerous reports of eye/ear loss and even death), and do not want my son playing with them.

1) Is there a way I can prevent her from letting him play with this "toy"?

2) IF he hurts someone with this gun, and a civil suit is filed, who will be financially responsible?

3) IF he hurts someone, what are the chances he will be charged with Assault with a (deadly) weapon, and illegal possession of a firearm? (just Googling "Air-soft gun danger" shows cases where charges were filed)

4) Will these (felony) charges affect his greencard renewal, or even cause deportation?

5) Will a letter from me to her, stating I do not allow allow him to play nor condone him playing with them when out of my control, keep me scott-free if anything happens?

Thank you!

Kent!


socrateaser

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RE: Air-soft gun rated 16+ for a 10-year old?
« Reply #1 on: Jul 11, 2006, 11:02:43 AM »
>1) Is there a way I can prevent her from letting him play with
>this "toy"?

Ex parte motion for restraining order on grounds that the child will suffer irreparable harm if the other parent is not restrained from permitting the child to use the gun.

>
>2) IF he hurts someone with this gun, and a civil suit is
>filed, who will be financially responsible?

If he hurts someone with the gun, the charges will almost certainly be criminal/juvenile AND civil. The supervising parent would be liable for negligent supervision, because she owes a duty to others to control her minor child and prevent harm to others, and YOU, yes, even though not present, would be jointly liable for equitable (fair) contribution to the injured person's damages. However, if the other parent has homeowner/renters insurance, then there would likely be some liability coverage available.

>
>3) IF he hurts someone, what are the chances he will be
>charged with Assault with a (deadly) weapon, and illegal
>possession of a firearm? (just Googling "Air-soft gun danger"
>shows cases where charges were filed)

100% but, not assault, unless the act was intentional. Hard to prove that a 10 year old intended to shoot someone else. Children between 7 and 14 are rebuttably presumed to be unable to form the mental state necessary for criminal intent. But, it does happen, depending on the severity of the charge. Obviously, if a homicide were to occur, that would be a problem.

More likely reckless endangerment.

>
>4) Will these (felony) charges affect his greencard renewal,
>or even cause deportation?

Doubtful, because of the child's immaturity.

>
>5) Will a letter from me to her, stating I do not allow allow
>him to play nor condone him playing with them when out of my
>control, keep me scott-free if anything happens?

Highly unlikely. You could argue that the other parent's request for contribution by you, which is an equitable remedy, should be estopped on grounds that the parent comes to the court with unclean hands, because she knew your position on the use of the weapon and consciously disregarded it.

But, in the end, the court would likely find it only fair to relieve you of liability if the other parent had deep enough pockets to pay for any damages, because to do otherwise, would prevent the injured party from recovering, which would be inequitable.

Restraining order is the only way. You could ask the court to order the other parent to immediately obtain liability insurance, as well as to stop permitting use of the weapon.

Kent

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RE: Air-soft gun rated 16+ for a 10-year old? 2 more questions
« Reply #2 on: Jul 11, 2006, 11:24:57 AM »
Dear Soc,

Thank you for your answers.
Just two more questions:

1) Do you think my concerns are real, or do you think I'm being petty? (As a sidenote, I don't think I'm being petty).

2) Do you believe the court / GAL in Georgia would think it's petty?

Thank you so much!

Kent!

socrateaser

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RE: Air-soft gun rated 16+ for a 10-year old? 2 more questions
« Reply #3 on: Jul 11, 2006, 12:28:27 PM »
>Dear Soc,
>
>Thank you for your answers.
>Just two more questions:
>
>1) Do you think my concerns are real, or do you think I'm
>being petty? (As a sidenote, I don't think I'm being petty).

Irrelevant.

>2) Do you believe the court / GAL in Georgia would think it's
>petty?

This is what matters. Find a photo and description of the toy online. Then pretend your a disinterested third party whose duty is to ensure that the child's best interests are being upheld, when parents are in dispute.

How would you rule, looking at the description of the toy? If you find it unreasonably dangerous for a 10 year old, then go get a restraining order.

 

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