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80 N.C. L. Rev. 975 (2001-2002)
Federal Regulation of BB Guns: Aiming to Protect Our Children

handle is hein.journals/nclr80 and id is 991 raw text is: Federal Regulation of BB Guns: Aiming to Protect Our Children INTRODUcTION-DEFINING A TRAGEDY On September 18, 1993, seven-year-old Josh Moss finally convinced his father, Larry, to buy him a Crosman 760 Pumpmaster BB gun at the local K-Mart.1 Although Larry noted the warning on the gun box that said, May cause death or injury, he paid it no attention, assuming it might just be referring to birds or small animals.2 Upon returning home, Larry opened the box, gave Josh the gun, and briefly instructed him on how to use it0 As Larry took the gun out of the box to hand it to Josh, he missed two important warnings, one in the manual on page two4 and a separate flyer included in the packaging labeled A SPECIAL MESSAGE TO PARENTS.'5 Two days later, Josh and his eleven-year-old cousin, Tim, were shooting the gun at cans placed in a tree.6 When it was Tim's turn to shoot, Josh hid behind a tree in front of Tim.7 As Tim fired the gun, Josh peeked his head out from behind the tree.8 The pellet hit Josh in the head, entered his brain and killed him almost instantly.9 1. Moss v. Crosman Corp., 136 F.3d 1169,1172 (7th Cir. 1998). 2. Id 3. Larry admitted he did not read the other warnings on the box, which stated: WARNING: NOT A TOY. ADULT SUPERVISION REQUIRED. MISUSE OR CARELESS USE MAY CAUSE SERIOUS INJURY OR DEATH. MAY BE DANGEROUS UP TO 475 YARDS (435 METERS). THIS AIR GUN IS INTENDED FOR USE BY THOSE 16 YEARS OF AGE OR OLDER. FOR COMPLETE OPERATING INSTRUCTIONS, REVIEW OWNER'S MANUAL INSIDE BOX BEFORE USING THIS AIR GUN. Id. 4. The warning on page two of the manual appeared in red print and stated again: WARNING: NOT A TOY. ADULT SUPERVISION REQUIRED. MISUSE OR CARELESS USE MAY CAUSE SERIOUS INJURY OR DEATH. MAY BE DANGEROUS UP TO 475 YARDS (435 METERS). READ ALL INSTRUCTIONS BEFORE USING. Id. 5. This flyer cautioned that personal injury or death can result from improper handling if a pellet or BB strikes someone in a vulnerable spot. Id. 6. Id 7. Id. 8. Id. 9. Id. at 1170-71. Josh vas approximately fifteen feet in front of Tim when the pellet struck him. Id. at 1170.

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