11 year old boy shot with sawed off shotgun - Page 2

11 year old boy shot with sawed off shotgun

This is a discussion on 11 year old boy shot with sawed off shotgun within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; There are other ways to obtain NFA weapons without CLEO signature. Thanks for playing....

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Thread: 11 year old boy shot with sawed off shotgun

  1. #16
    VIP Member Array Tubby45's Avatar
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    There are other ways to obtain NFA weapons without CLEO signature. Thanks for playing.
    07/02 FFL/SOT since 2006


  2. #17
    VIP Member Array ghost tracker's Avatar
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    There for (*sp.-"therefore"), they might as well be illegal.
    That's certainly a unique interpretation! I surely don't mind being corrected or provided good intel. And I'm GLAD not to live in California. But is legal ownership of a "sawed-off shotgun" (NFA) available there?
    There are only TWO kinds of people in this world; those who describe the world as filled with two kinds of people...and those who don't.

  3. #18
    VIP Member Array ccw9mm's Avatar
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    Seems clear to me that keeping a gun for protection cannot, by definition, equate to a gun that's stored. It's bad enough that it was stored in the garage, but it was also stored with ammo ready to go.

    Where California law gets involved, I believe, is in terms of the accessibility of children and whether the owner should reasonably have known that such access was possible or likely. I believe that CPC 12025 (b) (1) and (2) apply, though we'll have to see what the owner is charged with, if anything.

    What we don't know is whether the children gained unlawful access, whether the garage was open to the world for general access, whether the gun was put away somewhere or standing out for all to see, etc.

    12035 (b) (1) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.

    12035 (b) (2) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the second degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of Section 417.

    12035 (c) Subdivision (b) shall not apply whenever any of the following occurs:
    (1) The child obtains the firearm as a result of an illegal entry to any premises by any person.
    (2) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
    (3) The firearm is carried on the person or within such a close proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
    (4) The firearm is locked with a locking device that has rendered the firearm inoperable.
    (5) The person is a peace officer or a member of the armed forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person's duties.
    (6) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons.
    (7) The person who keeps a loaded firearm on any premise that is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
    Your best weapon is your brain. Don't leave home without it.
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  4. #19
    Member Array razz's Avatar
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    Birdshot

    KTVU-TV reports that the boy was taken Friday night to Oakland's Children's Hospital with injuries to his left eye and cheek
    It could have been worse if it was loaded with buckshots. Another example that birdshots are for birds.

  5. #20
    Member Array llongshot's Avatar
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    My gut says the boys were somewhere they weren't supposed to be doing something they weren't supposed to do. Smacks of budding gang banger, home invasion specialist in training, future guest of the government if not previous guest of the government. The weapon was "sawed off" don't mean diddly unless the barrel was less than eighteen inches or the stock was altered to make it a pistol (just a reminder to all those who own a shotgun with a pistol grip). Most media don't know sawed off from legally altered. If, indeed, the shotgun was sawed off it was probably what's becoming known as a "neighborhood piece". Available to any number of local felons in the loop who need something to use to generate a little capital or settle a score. And guess what? A shotgun is a whole lot harder to do ballistics on and therefore harder to track back to the perp.

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