Are BB guns firearms?

[PapaG]

Buck, published velocity, unfortunately. My old Winchester 435 was supposed to be about 750 but is actually 500.

 

[tepin]

In MN they are firearms. A convicted felon received another five years for having a BB gun in his vehicle. Oops.

 

[steve4102]

In MN they are firearms. A convicted felon received another five years for having a BB gun in his vehicle. Oops.

Did you read the article linked in post #1?

 

[steve4102]

UPDATE.

The MN Supreme Court has ruled that a BB Gun is not a firearm.

ST. PAUL, Minn. (KMSP) - The Minnesota Supreme Court ruled Wednesday that a BB gun is not considered a firearm under Minnesota law.

In reviewing the case of a man who was sentenced to five years in prison for illegally possessing a BB gun, the Supreme Court determined the plain meaning of the word “firearm” only includes devices that require explosive force and does not include air-powered BB guns.

http://www.fox9.com/news/212415347-story

 

[Frank Ettin]

UPDATE.

The MN Supreme Court has ruled that a BB Gun is not a firearm.



http://www.fox9.com/news/212415347-story

Thank you. The article is dated yesterday, so it is the most current news on this issue.

That ruling is in Haywood's case. So his conviction has been overturned. However, there are a few things I should point out regarding the necessity of reading the news carefully:

1. The article linked to in the OP (and dated as of the 15th of December, 2015) apparently left some important facts out.
   
   
2. Another article, linked to in the article linked to in the OP, published by the Twin Cities Pioneer Press on 22 December, 2015, included the following addition, and significant for the purposes of understand what was going on, information:
   
   
   • (emphasis added):

     ...On appeal, Haywood argued that a BB gun shouldn’t be considered a firearm under the ineligible-person statute, which makes it illegal for a felon to possess a firearm but doesn’t define the term....

     
     
   • and:

     ...The appeals court said in its Sept. 28 opinion, “Minnesota’s appellate courts have consistently interpreted the term ‘firearm’ as used within certain sections of chapter 609 (the Criminal Code) to include BB guns.”...

     
     
   • and:

     ...The appellate opinion also cited a 1977 Supreme Court ruling, which stated, “(W)e think that term should be defined broadly to include guns using newer types of projectile propellants and should not be restricted in meaning to guns using gunpowder.”...

So apparently under Minnesota law there was some uncertainty regarding whether a BB gun is a firearm for the purposes of the State's "prohibited person in possession" laws.

 

[Acera]

Glad he beat the rap, but I am sure the ride took a tremendous toll on him. The convicted felons I know are reformed enough to steer wide of anything that might trip them up.



.

 

[JohnKSa]

Not from a federal standpoint and not from the standpoint of TX law. So any federal or TX state laws relating to firearms would not apply to BB guns/airguns.

However my city has an ordinance that defines shooting a BB gun/airgun in city limits to be discharge of a firearm inside city limits.

 

[old lady new shooter]

There are many weapons which are not firearms. The post right above yours covers this in detail.

If the item can be considered a weapon then the robbery becomes an armed robbery which carries a more severe penalty.

The same thing would apply had he used a black powder pistol, a knife or a club in the robbery. Those aren't firearms, but they are still considered to be deadly weapons.

Pellet guns would probably be considered deadly weapons in the context you describe. They're not as likely to be lethal as firearms, but certainly do have lethal potential. According to the U.S. Consumer Product Safety Commissions, there are a handful of deaths every year due to airguns.

I looked all this stuff up once upon a time, I think out here you're not allowed to shoot a pellet gun in your backyard.

 

[CapnMac]

However my city has an ordinance that defines shooting a BB gun/airgun in city limits to be discharge of a firearm inside city limits.

Practicing architecture for more than three decades means I've read a lot of municode, the better to find all the planning, development, zoning and similar ordinances governing the putative building. In all that time, I have yet to find an incorporated city in Texas that allows, per lex, discharge of airguns within city limits. Which really shows how the use of ****-n-pace municipal ordinances has taken over the process.

I've seen some subdivision/hoa covenant/deed restrictions that prohibit possession, but, I don;t know if that's ever been legally tested.

What purpose(s), per se, these ordinances have, I do not know.

 

[JohnKSa]

Interestingly enough, Garland allows it as long as none of the projectiles leave your property lines.

Unfortunately I do not live in Garland.

http://z2.franklinlegal.net/franklin/Z2Browser2.html?showset=garlandset

Sec. 26.05 Projecting of missiles prohibited

(A) No person may discharge a firearm, rifle, shotgun, automatic rifle, revolver, pistol or other weapon designed for the purpose of firing or discharging a shell, missile or cartridge, whether the shell, missile or cartridge is blank or live ammunition, in any place in the City.

(B) It is a defense to prosecution under this section that:

(1) The person was a peace officer or animal control officer acting in the performance of his official duties;

(2) The person was at a shooting range operated by an agency of the United States government, the state or a political subdivision of the state;

(3) The person was at a privately owned shooting range which had been approved by the Building Official and the Fire Marshal of the City, and which was legally operating as a permitted use in accordance with the Ordinance 3237;

(4) The person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization;

(5) The person was lawfully defending person or property; or

(6) The person was shooting an air gun, air rifle, BB gun, spring gun or similar gun or device in which the shot, metal pellet or other missile or projectile is propelled by means of compressed air or mechanical spring device, and the person and all projectiles emanating from said gun or device were contained within the person’s premises.​

 

[JTHunter]

In IL firearm status for air guns is dependent upon caliber and muzzle velocity. .177 with a MV of less than 600 (might be 700) fps is not a firearm. Larger than .177 cal, regardless of MV, it is called a firearm and subject to 4473, waits, etc.
PIA for dealers and customers.

Earlier this year, I bought a new break-barrel pellet rifle in .177 cal. With those "alloy" pellets, MV was about 1200fps. With lead pellets, MV is about 850fps. No 4473, no wait, just bought and walked out with it.
And this was in St. Clair county, Illinois.

 

[rskent]

Specifically mentioned as NOT a firearm here in FL (same for air rifles)

Unless you happen to live in pretty much any (every) city in Pinellas County. I had heard from friends that my father in laws squirrel hunting might be a problem in the city where I live.
So I checked it out. Sure enough, BB guns and pellet guns are considered as firearm within the city limits.

OK, Grandpa, No more hunting.

 

[Sav .250]

BB guns are legally considered a fire arm in some states......................