Anyone have a definition of what constitutes a firearm?

[Sniper X]

I have heard many things. I have heard there is basically a short term for it legally that basically states that if a projectile is propelled by a charge of gunpowder that the firing weapon is a firearm. So guns like pellet guns, bows potato guns, and such are not considered a firearms. So technically is a .22 that is firing a .22 subsonic round that contains no powder a firearm?

 

[General Geoff]

It's still powered by a chemical primer. And it is still capable of firing a projectile propelled via smokeless powder. So it's a firearm.

 

[Hoxviii]

Depends. According to the federal government, a blackpowder arm is NOT a firearm.

However, according to many state laws they are as well as CO2 and pump up air guns.

 

[Glockzilla20]

I have my definition of what constitutes...never mind, it's meaningless
I just care whether to go through an FFL or not.

Here is the ATF

DEFINITION OF "FIREARM": 18 USC § 921(a)(3), (4). Any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device. A "destructive device" includes any explosive, incendiary or poison gas --- (i)bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended for use in converting any device into a destructive device, or from which a destructive device may be readily assembled. Does not include antique firearms.

http://www.usdoj.gov/usao/mow/community/psn/firearms.html

 

[carebear]

Go to gunlaws.com for New Mexico

Click on New Mexico Statutes (or just google it)

type "firearm definition" into the search field

Look for the definition.

This works for every state in the Union.

For NM

30-20A-2

C. "firearm" means any weapon that can expel or is designed to or may readily be converted to expel a projectile by the action of an explosion, the frame or receiver of any such weapon, any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun;

 

[Nugilum]

^Yep

That means in New Mexico, an individual who can not own modern firearms (such as dishonorable discharge, domestic abuse, felon, etc.) also can not own blackpowder weapons.

I lost a $20.00 bet on that little factoid...

 

[MT GUNNY]

Boom Stick !!

 

[GRIZ22]

So guns like pellet guns, bows potato guns, and such are not considered a firearms.

Some states classify pellet gins, BB guns, and potato guns as firearms as they discharge a projectile by means of expanding gas.

 

[Jim K]

Part of the problem is that there are two definitions, the common dictionary definition, and the legal definition.

The common one is of the general "discharge projectile by means of an explosion" kind. But the legal definition may say something like "but not including an antique firearm" (using both meanings) or add words like "resembling a firearm" or "believed to be a firearm by a reasonable person". The latter terminology is seen in some armed robbery statutes so that a robber can't use a toy gun and claim it was not armed robbery.

Jim

 

[Duke of Doubt]

State and some local laws vary considerable far.

Maine includes blackpowder and antique arms within the legal definition of firearms, NOT because of creeping gun control, but because in Maine even today many people use blackpowder, and even antique arms to hunt and for other lawful purposes every day. Cartridges and cartridge arms were expensive in the late nineteenth and early twentieth century, while blackpowder arms were within an Appalachian Mainer's limited budget and so predominated in the hills. The idea that a percussion rifle or pistol "isn't a gun" would seem florid lunatic to an older downeaster who probably watched his father hunt squirrels with one.