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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4404
Experience:  Almost 12 years of legal experience, primarily in criminal law
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What is the penalty for shooting someone with a b b gun with

Resolved Question:

What is the penalty for shooting someone with a b b gun with no harm being ment during a lunch break at work that happened about 45 days before with nothing being said until that person was fired from his job for not showing up and being consistantly insubordanate?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
Hello.

If there was no intent, the most likely charge would be negligent injuring, which, in Louisiana, is punishable by up to six months in jail and/or a fine of $500. Other charges could be filed if the prosecutor or police felt there was intent to cause injury, but if it was just an accident, negligent injury is the most likely charge.
Customer: replied 5 years ago.
There was no injury in this case, not even anyone upset, what difference does that make
Expert:  Hammer O'Justice replied 5 years ago.
You said he was shot, correct?
Customer: replied 5 years ago.
His life preserver was shot while he was wearing it but it did not go through his jacket to his skin.
Expert:  Hammer O'Justice replied 5 years ago.
What parish did this occur in?
Customer: replied 5 years ago.
Terrebone
Expert:  Hammer O'Justice replied 5 years ago.
Thank you for th additional information. Without intent or injury, the most likely charge is actually a violation of parish ordinances, if the area in which your work is is a subdivision:

Sec. 19-2. - Weapons.

(a)

It shall be unlawful for any person to discharge, either in the daytime or nighttime (except on lawfully regulated and controlled gun, rifle and shotgun ranges and/or duly licensed and permitted business establishments which deal in the retail or wholesale sale of guns and firearms which have duly regulated and controlled gun, rifle and shotgun ranges for the conduct of its business), any firearms within a subdivision of the parish, except law enforcement officers in the discharge of their duties and other persons acting in necessary defense of life or property. Thus, shooting of air guns, BB, or pellet guns, pistols, rifles, shotguns and any other firearms within a subdivision of the parish is prohibited.

(b)

It shall be unlawful for any person to discharge rifles, pistols and similar firearms (excluding shotguns) within three hundred (300) feet of a home, building or other structure inhabited or occupied by humans.

(c)

For purposes of this section, the term "subdivision" means any tract of land which has been subdivided into lots, primarily for residential or commercial purpose, and approved by the Houma-Terrebonne Regional Planning Commission pursuant to the provisions of section 24-2(a) of the Terrebonne Parish Code.

(d)

Any person who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of up to five hundred dollars ($500.00) or imprisonment in the parish jail for thirty (30) days, or both, at the discretion of the judge.

Otherwise, there are not really any other statutes that apply to the situation. The only other one that may apply is negligent discharge of a firearm under state law, but it is unlikely a BB gun would qualify as a "firearm" for the purposes of that statute.

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