Ira Leon Hogan Jr. says his son was playing with two other kids when they got into a fight.
The 9-year-old and 10-year-old boy left, but came back with a BB gun, owned by the 10-year-old and shot 9-year-old Devin Hogan.
"They shot at him once, missed him, run him down and shot him point blank --stuck the gun to his head and shot him," Ira Leon Hogan Jr. said.
The family says a BB is now lodged in their son's brain.
"A little to nothing to the kids and he ends up with a BB in his brain and we don't know how that's going to go," Ira Leon Hogan Jr. said.
The two boys were held responsible in court, fined $500 and ordered to do community service.
Devin Hogan's father says he wants Granville County to pass a new ordinance to crackdown on BB guns.
"BB riffles have advanced, just like guns have advanced," Ira Leon Hogan Jr. said. "They have BB guns capable of 300 feet per second travel, that's just under a .22 caliber bullet."
BB guns are considered dangerous weapons in 17 counties --Granville County isn't one of them.
"It is emotional there's going to be other kids, I'm just as sure as I'm sitting here if they don't change the law," Ira Leon Hogan Jr. said.
As for Devin Hogan, doctors want him far away from contact sports like tackle football. He says he's getting used to not playing.
"When I go to the doctor he has to take an x-ray on me ... because the BB's in my head," Devin Hogan said.
"He was really, really good," Ira Leon Hogan Jr. said. "It's been real hard on this part of the family, real hard."
Devin Hogan's father also wants the other kids' parents held responsible and to help with the medical bills.