Are Air Guns Firearms?

[Robert J McElwain]

How are they defined? Is an air gun, rifle or pistol, considered a firearm? And, naturally, this brings into question the same thing regarding BB guns.

Thoughts?

 

[TexasRifleman]

Depends on the state.

From a (US) Federal point of view they are NOT firearms but some states have stricter interpretations.

US Code 921 defines a firearm as:

(3) The term “firearm” means
(A) 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;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique firearm.

And some exceptions:

(16) The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

 

[Mp7]

eh... doesn´t the HEadline contradict itself, already?


a crossbow is not a firearm. An Airgun cannot be either.

Or?

 

[TexasRifleman]

An Airgun cannot be either.

Oh, you would think so huh? However, some US states and cities consider them "firearms".

Have I used my line this week.....'Gun laws are stupid'

 

[NavyLCDR]

It depends upon state, county and municipal laws.

 

[csmkersh]

Wisconsin, New Jersey and Michigan consider air guns as firearms. Ditto NYC.

As others have stated, it varies depending on your state.

​

 

[Colt46]

NO

By definition they are not firearms. Some states, in order to further oppress their citizenry, have legislated them by some magical trickery into becoming firearms. It's all smoke and mirrors though. To bad that this mumbo jumbo has and will continue to land people in jail.

 

[Speedo66]

I don't believe NYC considers them firearms, but all pellet and BB guns of any type are banned.

If used or displayed during a crime in NYS, a BB or pellet pistol could be added to the crime as possession of an "imitation pistol".

Again, under NYS Penal Law possession of a loaded pellet or BB gun during a crime could also be charged as possession of a "deadly weapon", which is "any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged".

 

[Harley Quinn]

They are weapons, for sure.

 

[Clermont]

The New York City Administrative Code also bans "starter pistols"

In New York State, the displaying or use of a loaded airgun during the commission of a crime doesn't bring an added charge of "possessing a deadly weapon". I believe the only additional charge would be "menacing" for pointing the airgun or "use of a dangerous instrument" if used. There are a list of items in the NYS Penal Law that are defined as deadly weapons including a loaded firearm, but not airguns.

 

[geekWithA.45]

NJ's definition of firearm was specifically crafted so as to include air guns, and they are heavily regulated to the point of infringement as such.

Other jurisdictions usually regulate them to varying degrees separately from firearms, especially in states that have pre-emption laws.

 

[Speedo66]

In the definition section in the front of the Penal Law, deadly weapons include the definition I quoted. Since BB or pellet guns are readily capable of inflicting serious physical injury, they qualify.

 

[thebaldguy]

In my city, they are considered firearms. You cannot shoot an bow/crossbow, airgun or a firearm within city limits.

Some people shoot airguns in their basement. I think even that is technically illegal.

 

[HankB]

Politicians are, quite often insane. Some years back, noted anti-gun congressman Mario Biaggi (before his felony conviction) proposed defining bullet proof vests as firearms.

 

[ken grant]

The USPS considers anything that fires a pellet,BB,dart and even plastic AirSoft BB's. propelled by air,spring or gas, A FIREARM

 

[lee n. field]

Illinois, Peoples Republic of, regards some airguns are firearms. Some vendors will ship, some won't.

 

[Robert J McElwain]

Sounds like it's a mixed bag. So, if I live in the suburbs and want to assassinate some squirrels that are eating my house, I should check with everybody, from the Feds on down to the local dog catcher?

 

[geekWithA.45]

Pretty much, yeah.

Either that or Shoot, shovel, shutup, and don't get caught.

And since we don't condone unlawful behavior here on THR, it's consult with everyone.

 

[chris in va]

Depends.

Around here in VA, a kid I know was waving an airsoft pistol around and the neighbor took exception to that action and called the police. They charged him with brandishing a firearm and he had to perform community service.

The 'gun' in question was clear, BTW.

 

[cliffy]

Air Rifles of GREAT power

My .177 MAGNUM air rifle can produce 21 ft/lbs of muzzle energy! My .223 Remington centerfire can produce 1500 ft/lbs of muzzle energy. Is there a sane correlation? One can bust a squirrel at best, while the other can quell a deer. Shooting at a woodchuck with a spring-powered air rifle is WRONG and insensitive regarding pain. The .223 Remington is humane regarding big chucks. Air rifles are not firearms, however, some laws ignorantly state so. cliffy