Legal Question in Family Law in New York

nys penal law 265.05

does a non custodial parent have the right in nys to purchase and allow use of a bb gun to a 9 year old if the custodial parent does not approve during the non custudial parents visitation


Asked on 8/01/07, 9:56 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: nys penal law 265.05

A bb gun is not a violation of Section 265.05 of the penal law. A properly supervised 9 year old can be taught to shoot. I do not think that the issue of custody comes into it unless the out of custody parent is somehow harming the child. Teaching a child a skill, even if you do not like the skill should not effect the visitations. Your unnecessary interference with such activities may however force a change in the custodial situation.

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Answered on 8/07/07, 12:48 am


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