Firearms


#1

I really want to know if this is considered negligence or anything like that…do I have a right to say that this cannot occur while she is visiting?


#2

Dear soccermom:

Greetings. YES - there is something that you can say. How about NO…this is irresponsible, reckless, and dangerous. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Janet

Thank you for your reply. I know it sounds ridiculous that I was even asking about firearms and a four year old but I was told by my attorney that I could do nothing about this. I am seriously thinking about changing lawyers to your firm after your reply. I already told the father that this wasn’t allowed and he told me I had no say in what happens at his house. My current attorney told me that it was not against the law and that I could do nothing. So what can I do legally to stop this kind of behavior. He has also let the child hold a dead animal that he shot in the yard. I hate firearms and think that this was completely negligent but what would be my next step?


#4

Dear soccermom:

No, it is not against the law - but there is a basic common sense issue here. He should want to put you at ease, not taunt you with “you can’t tell me what to do” - that is what makes you both parents. Let us know if we can help. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

Thank you so much for your reply. I really respect what your firm stands for and how you help people on this site. Thanks again!


#6

I’m not going to start a big debate here with you but I’m just curious as to why you think “guns” are so bad.
If you ex is crazy, then I can see why you think him with a gun is bad, but why is a “gun” bad?

Just curious and I will not argue your response because everyone has an opinion and I will respect yours.


#7

Lets start out by saying that I actually can shoot a gun very well and I don’t feel guns are necessarily bad…you cannot get rid of all of them so its useless to take away some. What I do think though is that a child under 8 has no business shooting a gun (number one without hearing protection, and number 2 a child under 8 really can’t process as well as some would like to think. Anyway to have a child at an age where they have a problem distinguishing fantasy from reality shooting a gun is just plain stuppid in my opinion. Also, most people get killed with there own gun that they bought for protection. I just feel that children should not be in a house with guns its too risky (children for example could become depressed and not care what your rules are) I realize I am rambling but hopefully I have answered your question. It has some to do with the fact that the father is not really exercising good judgement on a lot of things, but it also has to do with my opinion that kids and guns just aren’t a good mix. Also, I have seen first hand what guns can do as a couple of my friends have been killed by “intentional” and “accidental” shooting which would have been just a black eye and some scratches if guns hadn’t been involved. i do respect your opinion though [:D]


#8

So, to see if I understand you right, it’s not that guns are bad? The biggest problem IS the person, the ex. Then the fact that the children are young. THEN, the fact that people are killed by people using guns against them.

Is that correct?

And let me just say again that I think ANYONE carrying a gun should have a background check done and I don’t think idiots should carry a gun. The problem there is that we don’t know how to rule in the idiots and only the honest people would do the background checks. Just like I said when the police chief was fighting the concealed carry law, it is only for the honest. The people who are intentionally going out hurting other people are going to carry the weapon of choice (gun, knife, baseball bat, paint pole, etc.) how they want and more than likely aren’t going to get it legally anyway. I have been in law enforcement, fire fighting and emergency medical services for 12 years now and have seen what people can do to each other by malicious acts or unintentionally.

Anyway, I said I wouldn’t argue with you opinion and I hope you don’t take my response as one. I was just trying to understand where you were coming from. I am not a member of the NRA but I don’t have a problem with guns. I know there are a lot of people out ther that do and it looked like you were one of those people. You also appeared to be an easygoing person so I thought I would try to see what “the other side” had against firearms.

Thank you for putting your time into the reply and feeling me in. I do appreciate it.[8D]


#9

I don’t think that background checks would necessarily do anything either. We live n a world where I could get a gun from many sources. Like if I am going to use it to kill someone I don’t want it registered ya know. My theory is that we cannot find all guns and eradicate them and until we do there will always be misuse. i just feel that children should never be around firearms at all. thank you for your opinion and I love debating so I appreciate your calm demeanor when we were discussing this issue. Not many people are just in the middle on gun issues so it can be a very explosive conversation…kudos to you[:D]


#10
quote:
[i]Originally posted by soccermom[/i] [br]My theory is that we cannot find all guns and eradicate them and until we do there will always be misuse. i just feel that children should never be around firearms at all.

There is where I have my issue. I do not believe that guns are bad. There are a lot of people out there who do believe guns are bad. I believe people are bad. If you were to get rid of all guns you would still have people getting murdered. Believe me when I tell you that there are many people out there who kill and would never touch a gun. A lot of these people could kill you quicker with a knife, stick, or even their hands. I like target shooting as a sport so if guns were eradicated then they would be taking a sport away from me. So, since there are a lot of people killed with knives should we take away a basic tool for cooking, the knife?
My opinion is that we don’t need stricter gun control laws, nor to we need to get rid of guns. I believe we just need to actually punish the people who use these tools in a negative way. I never have understood punishing the tool and leting the person who did wrong with the tood get away with just a slap on the wrist.
Keep in mind that I’m not saying you feel that the people should get away or anything else, I’m just saying that this is a general arguement that I hear and I don’t understand it.

Oh, and if I haven’t said it yet, I do hope that you are able to get the mess with you ex straightened out. You sound like you have a legitimate concern and I hope someone is able to help you out with it. If you think I can, just let me know.


#11

thank you so very much for all of your input and that is very nice of you to extend your help. i do agree with you in theory but in pratice the jails are too crowded to really properly punish everbody (like longer sentencing which may discourage this kind of behavior). I do belive too that you can use just about anything to kill someone with. But how many times do you hear about a fatal baseball bat injury or a kitchen knife stabbing. I understand that they can kill but (although this sounds horrible) there is still a bigger chance of a fatal wound with a gun. Guns only purpose is to kill. Kitchen knives have a different main purpose. does that make sense at all? I agree that the person is the one behind the gun…but really think about all the fatal wounds of a gun versus a knife. i haven’t heard of MAK (Mothers Against Knives). I really do respect you and actually appreciate talking with so about this subject so I hope no offense will be taken!


#12

Ok I am going to jump in the debate here, just like me to put my nose in [:p]

Had to just add this… yes people are killed by other things and other ways, no denying that BUT… how many hudreds die every year (and sadly alot of innocent people that happened to be at the wrong place at the wrong time) by a drive by knife throwing like they do in drive by shooting? Yes you can still get robbed by someone holding a bat or knife but how about all the security camera clips do you see where the man hits/stabs the person after they turn over the money as you see where they still get shot. Plus with a knife or whatever the weapon you have at least have a chance to fight back, you might not win but at least you have a chance to fight back, with wounds from them you have a better chance of survival. A gun you can not fight back, heck you cant even run away from gun! How many people were killed in there own home by a knife coming thru the wall cause the neighbor accdently threw it? How many cops every year from a basball bat when they stopped someone with a headlight out?

I dont know the answers to solve the problems, wished I did, just because I dont like guns and dont believe in them, I do realize there is alot of good people out there that should not be punished because of the people that are holding the guns are ruining it for them. The laws have changed, crimes in most state if involved a gun the punishment is alot harder, but it does not seem to make a difference cause crimes with guns are not going down.

I do understand you chromedr2002, and your point, and if more people were like you the country would probably not be in this mess but I can understand what soccermom is saying and wanted to add a little to show what she is trying to say.


#13

Well, this may answer some of the questions about numbers.
ojp.usdoj.gov/bjs/homicide/weapons.htm

Oh, and I have to say that I believe all the victims of 9/11 only wished that the terrorists would have attempted to carry a handgun on those planes.

I’m off to save some lives now so I will get back with you guys later.


#14

Homicides are most often committed with guns,
especially handguns
Like the homicide rate generally, gun-involved incidents increased sharply in the late 1980’s before falling through the 1990’s. The number of gun-involved homicides has increased some recently.
During this same time period, homicides involving weapons other than firearms have declined slowly

Ouch on the comment of 9/11, that was was not fair[:(]
Yes they do wish they did have guns[:(]
Many died at once in that where still many more have died by someone holding a gun.
It is like many more die in a car accident every year then in a airplan crash, we see the numbers of the airplane crashes (not even looking at 9/11) cause so many died at one time, where one person from a car wreck is one or 4 here and there but in the end do add up to be more

P.S. My hearts go out to the families of 9/11 and will always have you in my prayers


#15

now now…lets not use terrorists in these debate. I am sure that a woman who is getting raped wishes she had a gun or my friend who got shot wanted one in his defense. I wasn’t trying to ruffle feathers. I am glad that you save lives but how safer would you feel if everytime you approached the car for a speeding ticket you knew for a fact there would be no gun or everytime you went to a crime scene you didn’t have to worry about a gun firing. In theory we would all be safer without guns…in practice who knows the ramifications. All we are saying is a gun has a greater chance of fatality…are you still mad at Shadow and I?


#16

Well I hope chromedr2002 is not mad [:(] I just thought this was just a good old friendly debate. Cause I do understand your points chromedr2002, and just from your few threads I have liked reading what you have said, I did get the opionion that you are a good man. Just to bad there was not more out there like you. I never intended this debate to get any one upset[:(]

I have to admit the comment about 9/11 was kind of sore spot and should of never been brought up in this debate. That is something rare and I pray to god I will never ever wistness something like that again in my lifetime[:(]

Guess I shouldnt of stuck my nose in[B)] But nope I am not mad just thougt this was a friendly debate, one reason why I wont put my feelings in a abortion debate, to much hate in them debates[:(]


#17

Ok, first, I don’t get mad because other people have opinions. I’m sorry if it came across that way.[:D][8D] That help?

As for the 9/11, I think it has a place here. If someone wants to kill they are going to do it, the terrorists proved that. I never would have thought someone would fly a plane into buildings to kill a bunch of Americans.
It was said that guns are just used to kill. I promise the last time I went to the targe range I didn’t kill anyone but my old scores (I didn’t do as good as I use to). I know that here in the US right now that if someone wants to kill another person that the gun makes it a little easier but getting rid of guns won’t stop it. Check with people in the Phillipines (probably spelled wrong, my spelling is terrible), their big scare is a person with a knife. We too have a lot of people training in the US in knife tactics and I tell you that is a big scare for me now. Someone mentioned that with a knife you at least have a chance, that’s only if you are far enough away from the person. If a knife fighter wants to kill you, your best defence would be to SHOOT him/her.
Now before I make my next statement I have to say that soccermom did hurt my feelings a little and it wasn’t even about the gun thing. I don’t recall mentioning anywhere that I am a police officer. I was once in life but not now. Police aren’t the only ones that save lives. [8D] I’m actually a paramedic.
So, when I was a police officer my big fear was someone with a knife (that’s how and why I started learning so much about knives and the defence). Someone can hide a knife in the palm of their hand and once you approach them within seconds you can be on the floor bleeding to death with NO chance of survival, I promise. Knives come in many forms and can be very easy to conceal. Oh, and the drive by knifing thing that was mentioned was funny but someone can walk by you make one strike killing you and keep on walking before anyone knows what is going on. Ok, so I know a lot of this can be done by people who train with knives but again, there are a lot of people training. I still keep up with law stuff and know that more and more gangs are going from the gun to the knife because it’s so much easier to get and cheaper.
While I’m ranting here [8D] let me just say that an art called Balintiwak is also becoming well known. That is a style of stick fighting and someone who knows what they are doing can do some major damage to another person.

Ok, I’ll stop.
I don’t expect to change anyone’s opinion here but just to share my point of view. Again, I still welcome other people’s opinions too and no it won’t make me angry. Just keep in mind that I do feel strongly about not “getting rid of” fire arms and may possibly use points that could include things like 9/11 so let me say I’m sorry now if I offend anyone but these, to me, are good points.
Speaking of points. . .
Alcohol kills people
Drugs (legal and illegal) kill people
Cars kill people
Knives kill people
Fast food kills people (and has made me fat)
Smoking kills people

Ok, now I’m being smart but my point is that it’s not the “things” that kill people, it’s the misuse of them that kills people. I still stand with don’t punish the item, punish the people.

[:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D][:D]


#18

Shadow, please keep sticking your nose in. No hard feelings at all. But don’t think I’m gong to get into an abortion discussion with ya’ll, I know my limits.[:D]


#19

Oh heck no I wont get into the aboratin debate either, I fried up a motherboard from all the fire and heat from one of them posts [V]

I really truely dont believe that all guns should be taken away, if just people like you ( I hope the feeling I get from your posts are right[;)]) just have the guns, just find a better way to keep them in the right hands. The bad ones and the idiots. Going to go out on a limb and say I think that is just what is soccermom is saying. (if not… sorry soccermom, besides putting my nose in I like to open mouth and insert foot too[:D]) What it really boils down and it bothers her with her daughter and yep I think the hubby should stop, if not for soccermom but for what is best for the child.

I thought I you was in police work at one time from a ealier statement that you said this…
“I have been in law enforcement, fire fighting and emergency medical services for 12 years now and have seen what people can do to each other by malicious acts or unintentionally.”

Mark one on the board for chomedr2002!!! You got me there cause yes a gun is the best denfense. As long as the person is ready to use it, cause if not then their own gun will be used on them. Could I use a to kill another person. If I knew without a doubt that was the only way to protect my family… yes I could without thinking twice.

Will never deny that other ways of killing are just as bad and does happen just trying to put out the number one type of weapon is used is the gun. The drive by shootings are what gets under my skin, cause most of the time it is someone that is innocence that die, they usually miss the ones that was their target. Besides even if they do hit their target, it just unfair, it is taking the chicken way out instead of confronting and giving the others chance to defend themselves.

I was raised around guns, come from a big hunting family, and do have a few uncles and cousins that are into some law enforcements from patrol, to detectives, to jailers. But guns still make my stomach tie into knots and my hand sweat. Experiences in my life brought me to my opion.

My uncle was a very responsiable dective, he kept his gun locked up and the key hidden in another place or that he thought, my cousin guess was a snoop and showed his friend the gun, and your right where this story is going, the friend (age 8) shot and killed my cousin. I was not there when it actually happened but got there before help arrived. That image of my cousins brains everywhere is burned into my memory.

I was abused by my stepfather, I thought I was marrying the sweetest man in the world who turned out to be a abuser. So I know what fist can do, I have a scar on my stomach to know what a knife can do. I cant even tell you how many times I was in hospital, how many bones have been broken, but what I do remember as the most scariest time of that part of my life is the gun, having him sometimes hold the gun to my temple, or in my mouth, or on my knees while he holds it to the back of my head. That and the way I felt when his hand was wrapped around my neck not letting me breathe until I passed out. Those are what still give me nightmares. ( And yes I am happy to say my ex still has another 25 years left to go on his prison sentence)

But get this if I knew without a doubt my life would end with murder and I had my choice in how it would be… please take a gun and shoot me, get it over quick.

Ok … enough of throwing my life out there for everyone to read, I didnt ever intend on bring that into it… just wanted you to understand why I feel the way I feel about guns. The road of my life brought me to this opionion, but this road also brought me down to marrying a very sweet man, having 3 beatiful children, AND to stand up and be a fighter.

It just back to the debate how to keep the guns away from the idiots and evil.

And I am glad you wont change your mind about your opionion, I enjoy the fun of trying my best… have a bad habit of having to have the last word too!

knife throwing… funny? just wanted I was hoping it would do cause I got a giggle when I typed it[:D]

Alcohol… yes they do and I dont like that either, what confuses me they will not show tv or any ads for smoking cause it causes cancer but they show it for alcohol, when that kills you just as much[?]
Drugs… dead set against them
Cars… glad they are trying to find ways to make them more safe cause got to be honest sometime no matter how careful it can still happen.
Knives… without a doubt they do
fast foo… come on people quit sueing the company!! Got heart dieases? No one forced you to go there and stick it your mouth. And the coffee was hot when you spilled it? #1 Well duhhhhh coffee is suppose to hot #2 why they tell you, you shouldnt be eating and drinking while driving.
Smoke… it is proven… but it is my one bad habit to show I have a bad side too [:I]

Now for the last chapter in this book, only one to end it is with a quote that I read and think it says it all

“Ok, now I’m being smart but my point is that it’s not the “things” that kill people, it’s the misuse of them that kills people. I still stand with don’t punish the item, punish the people.”[:D][:D][:D]


#20

I just wanted to let you know that I had heard that you were a police officer…from something you said
(I think Shadow quoted you) I didn’t mean to hurt your feelings a police officer is a wonderful job as is a paramedic. And we could go on forever and a day about the things that kill people and how they kill and how effective they are and how fast they are at killing. Let’s bring it back to home. Really my final view is that in a perfect world there would be no knifes and no guns and no ronald McDonald (he is scary ya know)…but in our world that can’t be. So let’s just keep some common sense to it and realize that teaching a preschooler to shoot a gun is crazy. i think we all can agree that a preschooler has no business doing that…can we agree on that (and that Ronald MCDonald is the next antichrist!!heehee[}:)]-I always wondered when I would be able to use that one)