609.713 TERRORISTIC THREATS.

Subd. 3. Display replica of firearm.

(a) Whoever displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner, may be sentenced to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both, if, in doing so, the person either:
(1) causes or attempts to cause terror in another person; or
(2) acts in reckless disregard of the risk of causing terror in another person.
(b) For purposes of this subdivision:
(1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less
in diameter; and
(2) "replica firearm" means a device or object that is not defined as a dangerous weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. The term replica firearm includes, but is not limited to, devices or objects that are designed to fire only blanks.

History: 1971 c 845 s 19; 1988 c 712 s 15; 1990 c 461 s 3; 1993 c 326 art 4 s 34; 1994 c 636 art 2 s 45; art 3 s 23; 1995 c 244 s 24,25; 1998 c 367 art 6 s 15

Guess I'm on the other side of the fence on this one. A little harsh lesson experienced by a 14 year old now may pay huge divedends later.

Last time I checked into air soft, it can cause great bodily harm. I am sorry, but have you people forgotten *basic* firearm safety?


A catch all that you really don't want on your record, but it looks like it fits.


Being stupid enough to get caught.


He allegedly did that. I was under the impression that this broke the *FIRST* rule of firearms safety.
http://www.nrahq.org/education/guide.asp


Again being a dumbass.


Yup.

What is there to argue with? That the police got involved? There wasn't someone like Andrew around, so they called the cops. What do you think the odds are that the police are going to fix this specific problem with this person?

This reminds me of my father taking a spring loaded pellet gun off of a kid who was pointing it at kids on a bus about 25 years ago in St Paul (he was an elementary principle). Needless to say when my father got to the bus and disarmed the little perp (10 years old). The young fellow got 5 day suspension and parents had to come in and talk to 'Officer Friendly' and my father before he could come back to school.

Needless to say, my father handed me the pellet gun later that day and said shoot those ground gophers... which I was happy to do. I got very good with that pellet gun. I also got a good collection of knifes out of his time as a principle.

Now days the kid would have been kicked out of school and sent to totem town.

All that said... I think maybe I should take up drinking again.

What did you do wrong Johnny? What should your penalty be for this? The Police brought you home and now you're going to have to pay the penance. You can put an eye out with that thing, and you are now grounded from video games for 1 month. You've also lost your rights to use airsoft for 4 months and we'll think about (your favorite whatever here).

Terroristic threats? Jesus, Mary and Joeseph... we've gone off the deep end.

That's a reasonable punishment and proper use of police in this incidence.

I do understand why there are replica laws. That said, a 14 year old acting stupid is a far cry from a gangbanger using one to hold up a Stop 'n Rob.

As for an airsoft causing GBH...yeah, it could put an eye out. It terrifies me that if someone uses one to mug me that I would fire (and I would fire, mind you...) because in a stressful situation you can't tell if it's real or not...which is why the replica laws exist.

But for some kid running around the neighborhood firing an airsoft at others? The lack of a bang would be the first clue, the lack of blood the second, and the fact that I'd walk up and grab the thing out of their hands would be the third. From what I'm seeing in this, the cops showed up after it was established that the gun was an airsoft. Perhaps more will come out later to say otherwise, but if the cops rolled in knowing what it was, this should have resulted in mommy and daddy paddling the kid's ass.

-Mark

Yep. Amen.

Herein lies the problem with over legistlating. We've lost common sense and are now slaves to the laws meant to protect us from F*$&ING TERRORISTS. NOT dumbass criminals. If they are using a "weapon" regardless of its makeup, *we* should sentence them accordingly. Are we protected from terrorists with this legislation? Has this STOPPED ONE STUPID CRIMINAL FROM USING AN AIRSOFT GUN? Do the courts not have any latitude in the use of common sense?

We've managed to protect the city of Savage from CHILDREN with TOY guns. WHOOPEEE!!! WHEEE!!!!!

You must have missed the memo. Common sense is dead.

Seems as though a lot of Police time, hassle, and tax dollars could have been better spent if the parents would have smacked this kid in the back of the head a few times earlier in life. Or maybe the kid is just a person of fecal craniality, aka sh*thead, I could have held that title at age 14.

Either way, at age 14 I was expected to know right and wrong, if and when I pulled a stupid move, the wrath of my dad scared me straight, and eventually I learned to know better. Took about 23 years, but it finally set in at some point. A reasonable beating isn't always child abuse, in fact just the opposite, its the only way to get through to a stubborn smart ass kid at times. At 14 I felt 10 feet tall and bulletproof, to be put in my place quickly put things in perspective and I straightened out.

Sad that a 14 year old kid thought this was something he'd get away with.

Many moons ago when I was just a little squirt we used to walk around the neighborhood with slingshot and wrist-rockets on the off chance that we'd get close enough to a robin or starling to take a shot. We seldom hit them but the important thing is that we tried.

In today's world, I wonder how far the political left would go in nailing our little b-hinds to the wall? Back then it was innocent fun. No vandalism, violence, or threats ... just a couple dead birds and few bruised rabbits and squirrels.

This kids biggest mistake was not being a cop himself. They are allowed to point real guns at people, threaten to kill them, and have "making terroristic threats" charges dismissed.

To bad Landen Beard wasn't carrying an airsoft. We might have had a chance for justice.

So, Mark, How would you know that a kid pointing a airsoft gun at someone, without pulling the trigger, that it is an airsoft weapon?

And if you say "the orange tip" I'll show you a sharpie that can cover that up in about 1 minute's worth of lazy work.

I think this kid got what he deserved, and it will serve as a lesson for those who read it.

The kid was too young to have purchased the airsoft gun on his own, which means that either A) someone over the age of 18 (and thus a 'responsible' adult) bought it, or B) someone at WalMart didn't follow MN State Law or store policy and sold it to this kid who was underage.


The laws exist because there have been incidents of Police officers finding airsoft weapons on kids, after reports of similar instances. The one that comes to my mind is a Vietnam Vet who was a taxi driver, observed two kids running around a house in Minneapolis. He saw one kid raise what looked like a 1911 at the other, and pull the trigger, the kid then racked the slide of the weapon to clear what appeared to be a malfunction. the MPD responded and and ended up firing on one of the kids as he pointed the 1911 in the direction of one of the two responding officers. 100% justified.

Put yourself there, you're driving by, see someone with a gun aiming into traffic or at a person, What are you going to assume? Oh, it's ok, it's just a kid with an airsoft gun, no big deal. I don't need to even think about responding because that 'victim' will be just fine, maybe a welt...

My Thoughts, Its a 14 year old kid, getting arrested for shooting someone with an airsoft gun to me is overboard. Having a Responsible adult talk to him would be a much better way ( If the boys parents could care less than the "victims" parents or a LEO) What were the circumstances? was it a good kid that just made a bad mistake. or was it a troubled teen that really does need help? We don't know, and arresting a non troubled 14 year old for something like this could do more harm than good.

Eric-

You missed this part of my post:



I'm very understanding when it comes to the job of LEOs. I've been on that side of things, hell, I'm looking at heading back to that side of things (at least on a part-time basis if all goes well). An officer responding to a call where it has not been established if the gun is real or fake is a dangerous, dangerous, dangerous situation.

In THIS case, if I was reading it correctly, the officers pulled up knowing it was a 14 year old kid with an airsoft, not a real firearm. If that turned out to not be the case and the officers did not have that information, I'll be happy to consider everything I said to be null and void.

-Mark