In Aiken, South Carolina, kids appear to take the trick in trick-and-treating more seriously than the rest of the country. A 10-year-old Aiken trick-or-treater pulled a gun on a woman who joked that she wanted take his candy on Halloween. Police found that his brother, also ten, had his own weapon.
The 28-year-old woman said that she merely joked with a group of 10 or so kids that she wanted their candy when the ten-year-old pulled out a 9 mm handgun and said “no you’re not.” While the clip was not in the gun, he had a fully loaded clip in his possession. His brother had the second gun. Both appear to have belonged to their grandfather.
The children were released to their parents and surprisingly there is no mention of charges against the grandfather. While the guns appear to have been taken without his permission, it shows great negligence in the handling and storage of the guns.
What would be interesting is a torts lawsuit by the woman for assault against grandfather. The actions of third parties often cut off liability as a matter of proximate causation, though courts have held that you can be liable for creating circumstances where crimes or intentional torts are foreseeable. For example, a landlord was held liable in for crimes committed in his building in Kline v. 1500 Massachusetts Avenue. Here the grandfather’s negligence led to the use of the guns by these children. While a lawsuit is unlikely, it would certainly be an interesting — and not unwarranted — claim.
Source: Washington Post
South Carolina, well armed 10 year olds. And we expect otherwise?
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Haha the kids were defending their candy…best Halloween story this year Prof. I support the Constitutional right to bear arms but there should be a screening process for ownership. For instance what if the grandfather is senile or mentally disabled? Should he be allowed to retain his guns? Just the fact that he is not a felon alone should not be the only criteria for his retention of the guns. When I am President this will change!
Blouise-
“All the statistics about the accidental deaths of American children handling guns comes to mind … ”
They are low and continuing to drop. If you go the CDC website, you can do custom queries regarding all sorts of causes of death in any age group. The latest year included is 2008. The number of accidental firearm deaths between the ages of 0-19 was 123. Compare that to 1975, when the number for ages 0-14 was 495.
If you lower the 2008 age range to 0-14, the number is 62. This in a country with somewhere between 250-300 million guns and over 40 million households with at least one gun.
As I said earlier, in 2008, the number for ages 0-19 was 123. Consider these numbers for other accidental causes of death for the same age range in the same year:
Falls: 168
Drowning: 1032
Poisoning: 946
Suffocation: 1350
Any child’s death from any cause is horrible. My first child just turned one, and I can make myself sick in seconds thinking of him being hurt. But much like stranger abduction of children, the amount of press given to accidental shootings is way out proportion to their actual prevalence. “If it bleeds, it leads…”
what was the kid dressed as?
The grandfather was probably negligent. Sure there are scenario which would make it so he wasn’t but good chance he was at fault. However, personally I’d throw out any lawsuit as there were zero damages.
People! Read your constitution and your NRA Magazine, what don’t you get about the absolute right (some say duty) to bear arms?
All the statistics about the accidental deaths of American children handling guns comes to mind … everybody in this situation was damn lucky to not end up as part of those statistics … including those who were totally ignorant of what those two kids had in their possession as they walked with or past them “trick or treating”.
Kind of scary that these kids had access to those weapons. Were any juvenile charges brought against the kids? Is it legal for 10 year olds to possess firearms Bron?
Now for anyone reading this who has the kneejerk gun rights view. What if she had produced her own gun and then shot and killed the child “in self-defense”? It’s often stated by the pro-gun lobby that a handgun is a powerful equalizer so the age and relative size of her “attacker” is irrelevant. If she killed this child, who would be in the wrong?
I believe strongly in gun ownership. But the NRA would have us handing out bullets for halloween instead of candy.
Scary!!
I guess she didnt get the candy. Guns protecting property rights. Good to see 10 year olds practicing their Second Amendment rights.
That kid must be a conservative.
Just try and take my candy corn.
I don’t think that a ten year old can pick locks or crack a safe which is where those guns should have been. They should have been under lock and key which is what I do when I have kids visit.
Elaine M:
Touche’
Sounds more like “Treat or Heat.”
Ok, I’ll say it. That’s the “Trick” in “Trick or Treat.”
I’d need more info in how they obtained these from the Grandfather…..before I’d lay a claim…..due diligence…