- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
BB gun now a "firearm"
Posted on 9/30/15 at 1:43 pm
Posted on 9/30/15 at 1:43 pm
LINK
This is opening up an entirely new can of worms.
quote:
It turns out the spring air action pellet gun so sought after in the holiday classic “A Christmas Story” is considered far more than a toy in the eyes of the law. Case in point: Minnesota, where the Court of Appeals ruled on Monday to uphold the conviction of David Lee Haywood for possession of a “firearm” – in this case a Walther CP99 Compact .177-caliber BB gun.
Haywood wasn’t allowed to own a handgun after a 2005 felony drug conviction, so he was sent back to prison after cops found the BB gun in his glove compartment during a 2013 traffic stop. Haywood argued that a BB gun wasn’t a firearm. The Minnesota statute uses the word “firearm” but never defines it, so Haywood said the accepted definition of “firearm” should apply: a weapon that features a projectile fired by gunpowder. That’s far different from the operation of a BB gun, which uses no gunpowder to expel its shell.
This is opening up an entirely new can of worms.
7
Posted on 9/30/15 at 1:50 pm to Broke
Putting a guy in jail over a freakin bb gun.
Go figure. This country's government has it's head up it's arse more and more every day.
Go figure. This country's government has it's head up it's arse more and more every day.
Posted on 9/30/15 at 1:55 pm to Broke
I could understand the court ruling this way if the BB gun was as a weapon the way your typical firearm would be used. Like say in an armed robbery. if a guy used a BB gun in an armed robbery and was charged with the robbery and also poss of firearm by convicted felon. Although the gun isn't a "firearm" it is used to represent one in the commission of a crime.
Based on this ruling it wouldn't be that far of reach to say a bow an arrow could be a fire arm. It does fire a projectile. the Duke boys would have been shite out of luck
Nerf gun?
Based on this ruling it wouldn't be that far of reach to say a bow an arrow could be a fire arm. It does fire a projectile. the Duke boys would have been shite out of luck
Nerf gun?
Posted on 9/30/15 at 2:01 pm to FelicianaTigerfan
So I guess a felon can't spearfish, bow hunt, play paintball, or even worse can't kill flies with a bug-a-salt. Sad world these days. I bet a good lawyer could get this thrown out.
Posted on 9/30/15 at 2:03 pm to Broke
Pretty fricked up the way it reads. I'm not positive we're getting the full story, though.
This is the BB gun, FWIW.
This is the BB gun, FWIW.
Posted on 9/30/15 at 2:28 pm to Broke
Why not revert to the federal definition in the absence of a state def?
I'm pretty sure muzzleloaders and bb/pellet guns are not considered "firearms" in the federal regulations because they don't use cartridges.
Sounds like a fricked up charge, especially since he was not using it in a crime.
I'm pretty sure muzzleloaders and bb/pellet guns are not considered "firearms" in the federal regulations because they don't use cartridges.
Sounds like a fricked up charge, especially since he was not using it in a crime.
Posted on 9/30/15 at 2:47 pm to dat yat
He was a felon.
I'll repeat. He was a felon.
I'll repeat. He was a felon.
Posted on 9/30/15 at 3:05 pm to Broke
It sets a dangerous precedent, it's a toy not a firearm. However, a convicted felon has a replica bb gun that looks just like the real thing hidden in his glove compartment. I cant really see why it wouldn't be presumed that he had it for nefarious reasons. It's a gray area and I'm torn. You cant arrest somebody because they "probably" had it for a no good reason. You have to have proof, and the only proof here is that he was in possession of a toy gun.
Posted on 9/30/15 at 3:09 pm to 4X4DEMON
quote:I think I'm with you, but we all know the reason he had the BB handgun.
You have to have proof, and the only proof here is that he was in possession of a toy gun.
Posted on 9/30/15 at 3:24 pm to Broke
Posted on 9/30/15 at 3:30 pm to StrongBackWeakMind
quote:
we all know the reason he had the BB handgun.
Exactly, but as we learned in "Training Day" its not what you know, its what you can prove. They cant prove anything, other than possession of a toy. I'm not sticking up for the felon by any means. I'm just questioning the popo's actions.
Posted on 9/30/15 at 3:39 pm to reds on reds on reds
If he served his time, his rights should be fully reinstated. The state doesn't own him, nor does he have a debt to pay to society.
Yeah, it sounds bad saying that a felon should be allowed to have a gun and be able to vote, but no one should be able to take his constitutional rights away from him after he has served time.
I can see a paroled person being not allowed to own a gun or vote, but not someone who served their time. If you think differently, you obviously hate America and need to be put on the watch list
Yeah, it sounds bad saying that a felon should be allowed to have a gun and be able to vote, but no one should be able to take his constitutional rights away from him after he has served time.
I can see a paroled person being not allowed to own a gun or vote, but not someone who served their time. If you think differently, you obviously hate America and need to be put on the watch list
Posted on 9/30/15 at 3:42 pm to 4X4DEMON
quote:
I'm just questioning the popo's actions.
Were in good faith imo.
Posted on 9/30/15 at 3:50 pm to FelicianaTigerfan
FT, really I mispoke with popo's. It was the courts that have made the blunder. Further reading of the article says the courts did not examine the defendents intentions or the appearence of the bb gun. Only his possession of the item was taken into account.
Posted on 9/30/15 at 3:54 pm to Hammertime
quote:
Yeah, it sounds bad saying that a felon should be allowed to have a gun and be able to vote, but no one should be able to take his constitutional rights away from him after he has served time.
Agree to disagree.
And besides, how many criminals actually serve the time that they were originally sentenced to?
Posted on 9/30/15 at 4:16 pm to Jambo
quote:
Putting a guy in jail over a freakin bb gun.
Go figure. This country's government has it's head up it's arse more and more every day.
There was nothing in the OP's quote or the original story about "this country's government."
Posted on 9/30/15 at 4:21 pm to dat yat
quote:
Why not revert to the federal definition in the absence of a state def?
Because the felon is charged with violating a state law and not a federal one. The state court determines the meaning of the state law.
quote:
I'm pretty sure muzzleloaders . . . are not considered "firearms" in the federal regulations because they don't use cartridges.
Hmmm.
quote:
Sounds like a fricked up charge, especially since he was not using it in a crime.
He was a felon and was not supposed to have possession of the firearm. The crime was having possession of it. Whether he was or was not using it in the commission of another crime (besides possessing it) really has nothing to do with the crime he was charged with or how fricked up it is.
A CO2 pistol is still not a firearm though.
ETA: clear ambiguity
This post was edited on 9/30/15 at 4:25 pm
Posted on 9/30/15 at 5:32 pm to bbvdd
quote:And what is your point? What are the legal restrictions to buying a pellet gun? Are any background checks or age-limits in place? I don't recall filling out any forms the last time I bought one for my kid, I threw it on the counter and they rang me up, along with the cat litter and case of cokes I was buying.
He was a felon.
I'll repeat. He was a felon.
Posted on 9/30/15 at 5:35 pm to Broke
Yeah, well it could break the skin and cause a really nasty infection.
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News