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Minn: felon in possession of BB gun
A Minnesota court has upheld a felon-in-possesion prosecution based on posession of a BB gun.
State laws defining "firearms" fall into several classes:
1. Track the federal rule, basically a cartridge-loading arm.
2. Or expels projectiles by action of an explosive (nevermind that smokeless powder is hardly an explosive, legislatures don't know that much), or
3. Expels a projectile by means of an expanding gas (which would include BB guns).
Comments
2. ... legislatures don't know that much...
They might have got it correct by accident. The smokeless powder is started by a primer that does contain an explosive. Even 22 CB caps that have no powder are launched by a primer.
Posted by: RKM at December 17, 2006 04:55 PM
They did get it right, smokeless powder *is* an explosive. It's not a *high* explosive, but it's most certainly an explosive.
There's a difference between detonation and deflagration, yes, but even deflagration can result in an explosion.
Posted by: Phanatic at December 17, 2006 05:45 PM
After a lot of digging, the court found that a BB gun works by expanding gas. I suspect that a felon
had better not carry a soda straw and a wad of paper ....
http://www.courts.state.mn.us/opinions/coa/current/opa061170-1212.htm
Posted by: htom at December 17, 2006 05:52 PM
New Jersey legislates along the lines of three. People who played paintball had to lobby to get an exception made in the law to make paintball guns legal to own and possess in New Jersey without an FID. I believe airsoft pistols are still considered firearms, and thus require an FID. Better have an FID if you decide to have some fun with a potato cannon too.
Posted by: Sebastian at December 17, 2006 10:11 PM
Strange.
In my home state (Michigan), there's an exemption from firearm status for "any smooth bore rifle or handgun designed an manufactured exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas or air."
(Quoted from Firearm Laws of Michigan published by the State and given free to every recipient of a Concealed Carry permit.)
Glad to have that small detail straight.
Now, about home-made potato cannon...
Posted by: karrde at December 19, 2006 05:17 PM
As long as you can get .177 cal potatos ;)
Posted by: Troy D. at July 11, 2009 04:58 AM