providing a BB gun to a minor
How later courts described this case
- providing a BB gun to a minor
Written by the judges who cited it.
The opinion
BACON, Judge,
specially concurring.
I concur and would like to add that summary judgment for defendants is not proper when the pleadings and evidence show that defendants sent a ten-year-old, an eight-year-old, a six-year-old, a two-year-old, and a one-year-old child into a closed bedroom with a loaded BB gun. I would go one step further and take judicial notice that a BB gun is a dangerous instrumentality. Anyone who does not agree should try convincing a person who has lost his sight in a BB gun accident that such guns are not dangerous. I see no difference between this case and one where a parent sends five children under ten years of age into a closed bedroom where there is a fan running without a guard, a biting bulldog, or a loaded twelve-gauge shotgun. That parent is liable whether a city ordinance was violated or whether the parent’s child was the one who ultimately discharged the weapon.