Federal laws that affect air guns?


PDA






Vermonter
February 18, 2011, 04:17 PM
Are there any federal laws that prohibit full-auto, silencers, bore size greater than .50, or anything else in regards to air guns?

If you enjoyed reading about "Federal laws that affect air guns?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
TexasRifleman
February 18, 2011, 04:21 PM
Yes, potentially. Example, the Gamo Whisper line of "silenced" rifles. You will notice that the silencer gizmo is permanently attached to the barrel. This is because the law defines a silencer as a "firearm" in and of itself.

So, if you make a silencer intended only for an air rifle, it still may be a "silencer" under firearm law.

I'm sure there are plenty of others.

Vermonter
February 18, 2011, 04:25 PM
If anyone can point me in the direction of the laws it would be helpful. Thanks.

Shadow 7D
February 18, 2011, 04:33 PM
Air guns, much like BP gun are specifically excluded as 'guns' in federal law
but the thing you might find on or in (or lowers that can be 'easily converted into firearms with the FA guts intact) like a (this is per the ATF) an "unregistered Full Auto sear" Or a Firearm like a silencer....

yeah, those are 'guns'

GCA 68 etc....

WardenWolf
February 18, 2011, 11:14 PM
There was an issue last year with some airsoft M16 rifles imported that could accept real AR-15 parts and be used as a real firearm. It had an actual AR-15 lower.

mbruce
February 18, 2011, 11:28 PM
long gone are the days of the lever action Daisy....

Shadow 7D
February 18, 2011, 11:30 PM
Oh and remember that for it to be a 'Gun' (per the ATF) it only needs to fire ONE round (and if it blows up and kills you, well it was a 'zip gun'...)

Vermonter
February 19, 2011, 07:45 AM
I've never seen language that specifically excludes air guns, just that usually the definition of firearm uses the word "explosive", so therefore air guns don't fit it. BP with percussion or flint ignition is specifically excluded.

I'm hoping someone knows of which laws might use the word "propellant" instead of "explosive", things like that. I thought I heard something about bore size laws being that way.

Shadow 7D
February 19, 2011, 08:31 AM
I have seen it, it's in the definition (a part that you most likely skipped as it's the three pages of this is/this isn't)

A airgun is specifically excluded as a firearm. But I forget which, check the usual laws and read the boring first part,

TexasRifleman
February 19, 2011, 11:15 AM
I've never seen language that specifically excludes air guns, just that usually the definition of firearm uses the word "explosive", so therefore air guns don't fit it.

Danger here is that you are expecting the language of the law to matter. Since ATF usually gets to interpret these laws, at least for prosecutors, that can make things fuzzy.

ATF recently classified some airsoft guns as "real firearms" because they were able to put a real upper on them and get them to fire one bullet. ATF then confiscated these "air guns" and proudly boasted how they had kept us all safe from these evil machine guns.

http://www.king5.com/news/local/Machine-guns-seized-at-Tacoma-port-85246447.html

PapaG
February 19, 2011, 12:54 PM
Not federal, but Illinois....airguns of 17 cal and velocity over 700 fps, or any caliber over 17 and regardless of velocity are handled as firearms in dealer transactions. My Daisy is still just a BB gun but my Benjamin, Crosman, and Sheridan along with my RWS are all firearms.

Cool state, eh?

Vermonter
February 19, 2011, 01:29 PM
I found the section I was thinking of. In the definition of destructive device -
(B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter

So I'm thinking that an air gun with a bore bigger than .50 might be called a destructive device.

Shadow 7D
February 19, 2011, 05:51 PM
No, it's not (think about it, ever seen 'pumpkin chunking on discovery???)

Weapon
they are not defined as a weapon.

Vermonter
February 20, 2011, 02:38 PM
I bet the BATFE could figure out a way to call it a weapon if you're firing anything resembling a bullet. I'd love to find the supposed laws that exclude air guns that someone mentioned, but I haven't been been able to.

Shadow 7D
February 20, 2011, 03:52 PM
http://images.bimedia.net/documents/Internal+ATF+memo+on+airsoft+findings.pdf

read the cited laws and you will find that air gun are specifically EXCLUDED from the definition of "gun"

Vermonter
February 20, 2011, 07:56 PM
Nothing in the definitions section of Chapter 44 (18 USC 921). Nothing in the exclusions section either.

Nothing in the definitions for the NFA either (section 5845)

Shadow 7D
February 20, 2011, 09:00 PM
Firearm. Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
In the preamble definitions 27 cfr 478.11

Shadow 7D
February 20, 2011, 09:03 PM
The term “firearms” is defined in 27 CFR 447.11 as
“A weapon, and all components and parts therefore, not over .50 caliber
which will or is designed to or may be readily converted to expel a
projectile by the action of an explosive, but shall not include BB and pellet
guns, and muzzle loading (black powder) firearms (including any firearm
with a matchlock, flintlock, percussion cap, or similar type of ignition
system) or firearms covered by Category 1(a) established to have been
manufactured in or before 1898.”

and here......

HAPPY NOW, just a google away

CapnMac
February 20, 2011, 09:18 PM
Except OP was asking about >0.5" which 27 CFR 447.11 fails to make any mention of.

(And, we probably do not need to clutter this with whether USC precedes CFR; the State premptions have been willy-nilly enough already.)

Shadow 7D
February 20, 2011, 11:21 PM
Ok, so whats the def. of AOW and DD??
I doubt there is any regulation, as pneumatic cannons are used extensively in impact testing

AustinEngy
February 20, 2011, 11:38 PM
long gone are the days of the lever action Daisy....
Still the only air gun I own. Ah, the days of shooting my Red Ryder in the basement at a phone book with a target attached with some paper clips. Re finished the basement, not legal to fire an air gun in the city outside. Now it just sits in my closet collecting dust and occasionally comes out to shoot some squirrels or rabbits.

Vermonter
February 21, 2011, 10:25 AM
I'm talking about high power air guns, they don't use BBs or pellets :)

What I'm worried about is the definition of destructive device and the reference to anything over .50 using "propellant". Looks like my concern was good. Too bad, as it's hard to get high velocity out of air guns, but it would be easy to increase the energy by increasing the bore size. Can still do a lot with .50 and smaller though :evil:

If you enjoyed reading about "Federal laws that affect air guns?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!