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 Marsha Chartrand

BB gun bill requires minors to have adult around when shooting off property

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Young boys are frequently the victims when it comes to airgun injuries. A bill in the Michigan House would require minors to have an adult with them when firing a BB, pellet or paintball gun outside of their home and yard. (Shutterstock)

by Riley Hodder (Bridge Michigan)

Deven Free, a 12-year-old boy from Galesburg, was playing with BB guns with friends outside two years ago when he was shot in the head. The BB entered聽just above his right eye and lodged in his brain.

Deven was in and out of hospitals for more than a year before dying from his injuries last July.

His tragic story is what prompted state Rep. Julie Rogers, D-Kalamazoo, to introduce聽House Bill 4184聽in early March. The bill would require people under 18 using pneumatic weapons such as BB or pellet guns outside their homes and yards to have adult supervision.

Pneumatic weapons include any firearm that expels a BB or pellet by a spring or air, including not just BB guns, but pellet and paintball guns. According to a press release from Michigan House Democrats, nearly 10,000 Americans are injured by BB or pellet guns every year, with a majority of these being injuries suffered by minors.

A 2018 study in the journal Pediatrics found that roughly 10% of U.S. childhood eye injuries suffered in sports or recreational activities were caused by so-called 鈥渘onpowder guns.鈥 The victims tended to be boys of about Deven age and the injuries tended to be more serious, causing nearly half the hospitalizations, the study found.

Rogers, a physical therapist by profession, told Bridge Michigan that after hearing about Deven case, she began to investigate laws surrounding BB gun usage in Michigan, and was dismayed to find that, in 2015, state restrictions were removed.

Prior to 2015, under Public Act 186 a minor caught using a pneumatic weapon without adult supervision outside of their home or yard could be charged with a misdemeanor, punishable by up to 90 days in jail, or a maximum fine of $500. The act was repealed in 2015. While the current language of the new bill is ambiguous, the sponsor said its intent is to place responsibility on the adult who failed to supervise, not the child.

Rogers鈥 bill seeks to reinstate the original restrictions, something Rogers said Deven family expressed their support for when聽the measure聽was originally introduced in 2022.

Rogers said the bill is not only about restricting minors, but about raising awareness of the dangers of these weapons.

鈥淚 think there misconceptions that they鈥檙e toys, or that they鈥檙e not that serious,鈥 Rogers said. 鈥淵ou know, the joke from 鈥楾he Christmas Story,鈥 the 鈥榊ou鈥檒l shoot your eye out鈥 type of thing. And I think what a lot of people don鈥檛 understand is that BB guns today are very different from those of the 1960s. They鈥檙e more powerful, and can be much more dangerous.鈥

It true that today BB guns are different. In fact, the Daisy Red Ryder gun requested in the 鈥淎 Christmas Story鈥 scene, shot at a velocity ranging from 280-350 feet per second. Today Daisy models marketed to teens 16 and older can shoot upwards of聽800 feet per second. (One study found that the required velocity of a BB to cut through human skin is around聽330聽feet per second.)

Brenden Boudreau, executive director of聽Great Lakes Gun Rights, which describes itself as a 鈥渘o compromise鈥 defender of the 2nd Amendment, recalled starting out as a child on a Daisy Red Ryder 鈥 a gun produced by a company founded in Plymouth. The pneumatic gun was a learning tool for him.

鈥淚 started shooting a BB gun when I was five or six years old,鈥 said Boudreau, who grew up in Tawas City. 鈥淚t really is a good way to learn. There no recoil, it a lighter gun, it something easy for youth to learn on.鈥

In his view, accidents involving these weapons are the fault of the user, or more accurately, the user parents.

鈥淭his (bill) is a solution in search of a problem,鈥 Boudreau said. 鈥淚t not that there (aren鈥檛) accidents that happen.

鈥淭here are obviously irresponsible people that are going to not be responsible and allow their children to do dangerous things with not just BB guns, but with knives, cars, and all sorts of dangerous things.鈥

The bill is introduced at a time when a now-Democratic majority in the Michigan Legislature has passed a string of laws to tighten regulations on firearms. In March, Gretchen Whitmer signed bills establishing universal background checks and safe storage requirements in Michigan. And she recently signed a 鈥榬ed-flag鈥 law, allowing courts to order firearms removed from people considered a danger to themselves or others.

But Rogers said her bill isn鈥檛 a part of that.

鈥淚 think (House Bill 4184) is a little bit different, because it not trying to limit or take someone firearm away,鈥 Rogers said. 鈥淚t more about that adult supervision piece, because children might not have the best decision-making capacity.鈥

To Boudreau, the bill is similar to other bills in the legislature that are talking about firearms, primarily because to him, the solutions they are proposing aren鈥檛 the right ones.

鈥淚 think that there are obviously great societal issues that we are struggling with as a nation,鈥 Boudreau said. 鈥淲e have violence, we have mental health issues, and I think all of these solutions kind of take away the personal responsibility aspect. 鈥淭hey are attempting to put a Band-Aid on the bigger issues.鈥

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