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Boy, 10, Pulls Gun on Woman to Protect Halloween Candy

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By Stephanie Rabiner, Esq. on November 04, 2011 6:50 AM

In an incredibly bizarre incident, a 10-year-old boy from Aiken, S.C. is accused of using a gun to protect his candy on Halloween night.

The 28-year-old victim had recognized some neighborhood boys amongst a group of 10 trick-or-treaters. She approached and jokingly told the group that she planned to steal their candy.

The 10-year-old pulled out a 9mm handgun and responded with, "No you're not."

Police located the boy, who was also found to have a loaded clip in his backpack, reports the Augusta Journal. His brother also had a handgun, which he tossed after the incident. Police found that gun on Tuesday.

It turns out that the boys had taken the guns from their grandfather's home without permission.

Despite these events, the boys were taken into custody and then released to their parents. This has some local residents upset.

South Carolina police had no choice but to release the children. The state's juvenile code specifically states that children 10 years of age and younger cannot be incarcerated in a jail or detention facility. They also can only be held in custody for a few short hours.

These rules don't necessarily mean the one kid will go free. After all, he stole and then used a gun to protect candy. The family court could sentence him to probation, counseling and/or community service. It could also remove the child from his home and place him in a different kind of facility.

The boy's actions were serious and seriously dangerous. The court will probably try to get him the help that he needs.

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