14 year old boy tells 911 dispatcher: 'I just shot the man'

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RPB
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14 year old boy tells 911 dispatcher: 'I just shot the man'

#1

Post by RPB »

Henderson teen tells 911 dispatcher: 'I just shot the man'
http://www.wral.com/news/local/story/10553140/" onclick="window.open(this.href);return false;

14 year old shoots and kills intruder to save his sister during home invasion.



No charges are expected against the teen for firing on Henderson. North Carolina's Castle Doctrine law, updated on Dec. 1, allows homeowners to assume intruders mean them ill whether they have a weapon on not.

But Kids Shouldn't Have Access to Guns!
http://smallestminority.blogspot.com/20 ... -guns.html" onclick="window.open(this.href);return false;

The State of North Carolina actually has a Child Access Prevention law

§ 14‑315.1. Storage of firearms to protect minors.

Hope his parents don't get arrested ...
I'm no lawyer

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Keith B
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#2

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RPB wrote:
But Kids Shouldn't Have Access to Guns!
http://smallestminority.blogspot.com/20 ... -guns.html" onclick="window.open(this.href);return false;

The State of North Carolina actually has a Child Access Prevention law

§ 14‑315.1. Storage of firearms to protect minors.

Hope his parents don't get arrested ...
Better read it all:
§ 14‑315.1. Storage of firearms to protect minors.
(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:
(1) Possesses it in violation of G.S. 14‑269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
Keith
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RoyGBiv
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#3

Post by RoyGBiv »

Two BG=0 stories in one day... :thumbs2:

Hopefully the dispatcher will be investigated and retrained/reprimanded for ordering the boy to put his weapon down.
That shotgun probably saved his life. Good thing he knew when NOT to obey an adults' instructions.

Edit: News story with 911 audio.
http://www.wral.com/news/local/video/10 ... id10553983" onclick="window.open(this.href);return false;
Calm kid. Bravo.
I am not a lawyer. This is NOT legal advice.!
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#4

Post by Thomas »

RoyGBiv wrote:Hopefully the dispatcher will be investigated and retrained/reprimanded for ordering the boy to put his weapon down.
I doubt it. They are probably instructed to say that.
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Jumping Frog
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#5

Post by Jumping Frog »

I've read so many cases where a 911 dispatcher tells the homeowner to disarm. :banghead: :banghead: :banghead: :banghead: :banghead:
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Dave2
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#6

Post by Dave2 »

Keith B wrote:
RPB wrote:
But Kids Shouldn't Have Access to Guns!
http://smallestminority.blogspot.com/20 ... -guns.html" onclick="window.open(this.href);return false;

The State of North Carolina actually has a Child Access Prevention law

§ 14‑315.1. Storage of firearms to protect minors.

Hope his parents don't get arrested ...
Better read it all:
§ 14‑315.1. Storage of firearms to protect minors.
(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:
(1) Possesses it in violation of G.S. 14‑269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
Section (c) wouldn't apply unless their gun safe auto-unlocked in the presence of danger (which would be a pretty handy feature, if you ask me).
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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Blindref757
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#7

Post by Blindref757 »

Jumping Frog wrote:I've read so many cases where a 911 dispatcher tells the homeowner to disarm. :banghead: :banghead: :banghead: :banghead: :banghead:
What is driving this? Why are they being trained to do this before their officers have arrived and secured the scene? I get that they would want ppl to disarm once the cops are about to enter the home...their job is to keep cops from getting shot. But I really don't understand this at all.
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Keith B
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#8

Post by Keith B »

Dave2 wrote:
Keith B wrote:
RPB wrote:
But Kids Shouldn't Have Access to Guns!
http://smallestminority.blogspot.com/20 ... -guns.html" onclick="window.open(this.href);return false;

The State of North Carolina actually has a Child Access Prevention law

§ 14‑315.1. Storage of firearms to protect minors.

Hope his parents don't get arrested ...
Better read it all:
§ 14‑315.1. Storage of firearms to protect minors.
(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:
(1) Possesses it in violation of G.S. 14‑269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
Section (c) wouldn't apply unless their gun safe auto-unlocked in the presence of danger (which would be a pretty handy feature, if you ask me).
Don't think you are interpreting this correctly. I believe they are saying if the minor obtained the firearm to protect themselves from the event of unlawful entry by a person, then this section doesn't apply.
Keith
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speedsix
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#9

Post by speedsix »

...worded awfully strange for that...more that if the unlawful entry by any person (burglary, breaking into where the guns were)made the guns accessible, the parents were off the hook...the self defense part is kinda covered in (3)...but it's worded milky enough it could be a TEXAS law...

Heartland Patriot

Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#10

Post by Heartland Patriot »

speedsix wrote:...worded awfully strange for that...more that if the unlawful entry by any person (burglary, breaking into where the guns were)made the guns accessible, the parents were off the hook...the self defense part is kinda covered in (3)...but it's worded milky enough it could be a TEXAS law...
Yeah, that wording is pretty weak, but I agree it is 3 that covers self-defense...
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#11

Post by MasterOfNone »

Heartland Patriot wrote:
speedsix wrote:...worded awfully strange for that...more that if the unlawful entry by any person (burglary, breaking into where the guns were)made the guns accessible, the parents were off the hook...the self defense part is kinda covered in (3)...but it's worded milky enough it could be a TEXAS law...
Yeah, that wording is pretty weak, but I agree it is 3 that covers self-defense...
I think (f) would only cover self-defense if it said "in response to an unlawful entry". But as worded, it sounds like the Texas PC 46.13(c)(3) (access "was gained by entering property in violation of this code"), meaning that the unlawful entry provided access to the firearm.
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#12

Post by Keith B »

Yeah, could be. Also, as long as '...minor gains access to the firearm WITHout the lawful permission of the minor's parents or a person having charge of the minor', then as long as the act with the firearm was legal and justified, then there should be no problem.
Keith
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Re: 14 year old boy tells 911 dispatcher: 'I just shot the m

#13

Post by Ameer »

Reading that law, it seems there's no problem as long as the parents allow it. Even if the parents don't allow it, it's still not a problem unless the minor takes it to school, waves it around in public, uses it in a crime, or injures or kills someone who didn't need kiling.
I believe the basic political division in this country is not between liberals and conservatives but between those who believe that they should have a say in the personal lives of strangers and those who do not.
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