When does a gun become a gun?

[distortion9]

I'm kicking around the idea of picking up a bb/pellet gun for practice in my yard or garage. I realize this is no substitute for range time with my actual carry piece but, I figure if dry fire is ok, then this can't hurt either.

Anyway, it got me to thinking, at what point does a gun become a gun in the eyes of the law. "Not legal to discharge a firearm within city limits"....such as this. What's the line?

What is the largest "weapon" a person could get away with without starting to break laws?

 

[Jayb]

I shoot a pellet gun and BB gun on my property. I live in town. Local LEO lives 100 feet away. In Indiana, BB guns and pellet guns are NOT firearms.

IC 35-47-1-5
"Firearm"
Sec. 5. "Firearm" means any weapon that is capable of or designed to or that may readily be converted to expel a projectile by means of an explosion.
As added by P.L.311-1983, SEC.32.

Your State's definition of a firearm decides what you can do with a pellet or BB gun.

 

[Dale53]

New Jersey thinks pellet guns are assault rifles!!

Check YOUR states laws (and don't forget your CITY's laws).

Dale53

 

[jwr_747]

correct on checking local laws,some city/town laws may state that any device that will propel an object from a barrel,bullet/pellet/BB/potato/ect. is a gun. jwr

 

[hyphen]

I think by definition a gun is a weapon that shoots projectiles. Notice that paintball guns, pellet guns, airsoft guns all include the word "gun". However, a firearm is something that shoots high velocity projectiles via fast burning propellant.

A firearm can be a gun but not all guns are firearms.

 

[Car Knocker]

However, a firearm is something that shoots high velocity projectiles via fast burning propellant.

Where did you derive this definition from? It doesn't match any official definition I've run across.

 

[Jimmy Newman]

It depends on where you live... some cities/towns (in the city ordinances) define firearm such that it includes airguns.

It's funny, in Houston I can't even find an ordinance which prohibits discharging a firearm... there's one that says that minors can't discharge firearms, and one which says you can't discharge a firearm within a city park, and one that says that you can't shoot any birds with anything... but I couldn't find one that says you can't discharge a firearm.

I've seen some definitions that say anything that fires a projectile using a burning or exploding propellant, and some that say that it's anything that fires a projectile, and some other strange ones.

 

[Autolycus]

In my old hometown they banned airsoft guns and other realistic looking toyguns. In the end I think more often than not a gun becomes a gun to soon.

 

[spwenger]

You Neglected To Mention...

...where you live. The definition of firearms varies from locale to locale. In Arizona, for example, something that resembles a firearm becomes one when you use it to commit a crime, such as a robbery. Further, in more ordinary circumstances, pellet guns fall into different categories according to whether the pellets are propelled by air that is compressed with a pump integral to the gun or by compressed gas that is provided by a reservoir, such as a CO2 cannister.

This is a good example of the risk of seeking legal advice in a forum instead of from a qualified source in your own jurisdiction. If you don't care to spend the money on a consultation with an attorney, your state NRA affiliate may be able to furnish the answer. In California, for example, CRPA members receive an annual pamplet, prepared by one or more attorneys, that summarizes the state's firearm laws.

Please update us with the information you find for your jurisdiction.

 

[esq_stu]

better not get caught with a stick figure PICTURE of a BB gun nowadays

 

[MachIVshooter]

The federal definition of firearm is a cartridge firing rifle, pistol or shotgun. Blackpowder muzzleloaders are not considered firearms, but are considered deadly weapons.

Most ordinances that restrict the use of firearms in city limits, etc., recognize muzzle loading guns as firearms for that purpose.

BB & Pellet guns are not considered firearms, but nonetheless, their use is often still restricted. Even airsofts are regulated in some places.

 

[TimboKhan]

It has been my experience that this issue seems to be city law. In Ft. Lupton, where I grew up, we could shoot BB guns all day long and as long as we weren't causing problems, nothing was ever said (it has since changed, but it still isn't the most pressing law enforcement issue in the town.)

I was at Rockstar.esq's house a year or two ago, and we were shooting BB pistols in his backyard. Sure enough, after a bit, here comes the fuzz. Had we been 18, I feel certain we would have gotten into trouble. Being older, and responsible looking, the cop just told us that it was illegal to shoot pellet guns within the city limits and then told us to have a nice day. Free lesson learned.

 

[KBintheSLC]

Air guns are generally not considered "firearms". I think it's a great idea. I use my Sig-replica airsoft to train with between range sessions. My wife and I practice drawing and shooting each other before the other can get a fake stab in with a plastic knife. Any practice is better than no practice.

 

[BUTCHER45]

Many locales cover all the bases and say "no projectiles" which covers bow and arrow, bb gun, slingshot, etc. Gotta check the local laws.

 

[hyphen]

Where did you derive this definition from? It doesn't match any official definition I've run across.

Since you asked:

Definitions for firearm

from wikipedia
"A firearm is a device that can be used as a weapon that fires either single or multiple projectiles propelled at high velocity by the gases produced through rapid, confined burning of a propellant. This process of rapid burning is technically known as deflagration."

from merriam-webster
"a weapon from which a shot is discharged by gunpowder —usually used of small arms"
(gases produced by burning gunpowder are considered a propellant the last time I checked.)

from dictionary.com
n. A weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.


Definitions of gun:

dictionary.com
any device for shooting something under pressure: a paint gun; a staple gun.

(this is the 4th definition, the previous 3 are synonymous with the definitions for firearm)

from google
a weapon that discharges a missile at high velocity (especially from a metal tube or barrel)

(notice that this definition does not include the word "propellant"

merriam-webster
1 a: a piece of ordnance usually with high muzzle velocity and comparatively flat trajectory b: a portable firearm (as a rifle or handgun) c: a device that throws a projectile


Through deductive reasoning, one can conclude that all firearms are guns but not all guns are firearms...that is, unless you consider a glue gun, staple gun and pellet gun all "firearms". Ironically, neither of those guns use a propellant. In case you're wondering what a propellant is...

Propellant:
A low explosive composition, solid or liquid form, which burns and does not detonate. Propellants are used for propelling projectiles and rockets and to generate gases for powering auxiliary devices.

Green gas used for airsoft guns are not explosive. And as far as I know, most pellet guns use compressed air.

This begs the question, where are you getting your definitions from?

edit:
Additionally, it's Alcohol Tobacco & Firearms, not Alcohol Tobacco & Guns.

 

[Jimmy Newman]

Dictionary definitions are nice to know, and helpful if you're writing an essay or having a conversation.

If you're talking about city ordinances, what matters is how the word is defined within the ordinance, not what the dictionary says. Ditto state laws and definitions within the state penal code.

Many cities define the word firearm to be any device which fires a projectile by means of burning propellant, compressed gas, spring, or other means. Often they include "air guns," "BB guns," and/or "pellet guns" by name. If your home city defines firearm as such, and prohibits discharge of firearms within city limits, the cops aren't going to care what Merriam-Webster says. For that matter, they're not going to care what the OED says, either .

 

[mljdeckard]

Most (probably all) incorporated cities in Utah ban the discharge of all projectile weapons within city limits, to include bb guns, bows, and wrist-rockets.

My experience is that the enforcement of these laws is proportionate to the amount of trouble you actually cause.

 

[KevininPa]

" My wife and I practice drawing and shooting each other before the other can get a fake stab in with a plastic knife. Any practice is better than no practice. "



I bet you have some wild parties!

 

[harbinger_j]

In NJ it is legal to shoot a paintball gun as long as the projectile does not leave your property.
However "Airsoft" guns are considered firearms.
:banghead: