Discharge of a weapon

Question
Minor shooting his BB gun in Wooded area charged with "discharge of a weapon" . My son has taken the "Hunters Safety Course" and is knowledgeable of gun safety.  He even gets after other kids when they play with plastic toy guns not to point at anyone. A person who saw him reported the incident as, "a teenager using a rifle or shot gun in the woods."  Should legal charges be enforced ? As a parent it appears as a misunderstanding due to the lack of gun knowledge on the civilian's behalf. No one was being threatened or endangered. The "lady" assumed he had a "weapon". Not sure where to find city limit laws and the PD was not sure if the BB gun was considered a firearm or weapon. I guess I wouldn't be so concerned if they hadn't "hand cuffed" him and treated him like a criminal. He was extremely cooperative and friends had told the PD it was a BB gun (the PD was in full SWAT gear!). your Expertise?

Answer
Linda,

Sorry for the delay in getting back to you...I have been down ill the past few days.  I don't know where you live and as such, I am not sure what the particular laws in your area are.

It does seem to me that the police over-reacted.  Perhaps the response was a result of the current climate after the school shootings in CT.

I would probably suggest a couple of things...first, I would research your local city ordinances relative to firearms and air guns.  In some jurisdictions, it is illegal to discharge a BB gun inside the city limits, even if done on your own private property.  Also, state laws would dictate whether or not a BB gun is considered to be a firearm.

I am very surprised that they cuffed and arrested him.  If he is actually being charged, I would consider having a conversation with the prosecutor.  Unless you live in a really 'gun unfriendly' place, this would fall into the "over-criminalized" category in my view.

Good luck...

Doug