Court ruling makes Minnesota latest state to call BB gun ‘firearm’


american_flag_toilet_paper


 Perhaps if Ralphie had been told his Red Ryder BB gun was legally considered a “firearm” in some states, he wouldn’t have had to be told “you’ll shoot your eye out.”

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.

But Haywood, 37, was sentenced to a mandatory minimum of five years because the appellate court instead used language established in 1977, when the state Supreme Court defined a BB gun as a firearm using wording plucked from the state game and fish laws. Because the state legislature has enacted other laws in the statute since that ruling 38 years ago without adding a new definition, the court’s 1977 explanation has stuck. It can only be changed if the legislature decides to adopt new language or if the state Supreme Court changes the definition.

“Generally, airguns are not defined as firearms under state or federal law because of the numerous negative effects such a definition would create,” NRA spokeswoman Jennifer Baker said in a statement to FoxNews.com. “In the case of state law, many states use multiple definitions of firearm, some of which may include airguns. For example, airguns will almost always be excluded from definitions governing possession, transfer and use, but may be included for criminal misuse.”

State definitions vary, with New Jersey and Rhode Island using some of the strictest language, according to the Law Center to Prevent Gun Violence. Those states classify all non-powder guns as firearms. Illinois and Michigan treat certain non-powder guns as firearms while Connecticut, Delaware and North Dakota list them as “dangerous weapons.” Thirteen states impose age restrictions on the possession, use and transfer of non-powder guns.

“Treating airguns as firearms would make teaching firearm safety to children much more difficult,” Baker said, listing a litany of potential issues with designating BB guns as firearms.

Grant Gibeau, who represented Haywood, told FoxNews.com that even though the definition of a “firearm” may be arbitrary when examined state by state, it’s anything but subjective when applied as a standard within the state. For instance, the court didn’t take Haywood’s intentions into account, nor did they care that the BB gun closely resembled a standard firearm.

“It’s not a matter of the court looking at the client,” said Gibeau, who’s appealing Haywood’s case to the Minnesota Supreme Court. “It’s pretty much: ‘Do you fit into this category? And if you do, the court has to do the minimum.’”

Views: 76

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

omegamann is now a member of 12160 Social Network
2 hours ago
Doc Vega commented on Doc Vega's blog post Three Must See Movies for Halloween
"cheeki kea Thanks. I watched most of the movie but I'd forgotten until a few minutes into it…"
7 hours ago
cheeki kea commented on Doc Vega's blog post Three Must See Movies for Halloween
"That's a fine movie menu you've got Doc V. I love the old days theme. Great to view when…"
12 hours ago
Doc Vega posted a blog post

Three Must See Movies for Halloween

Grab Your Popcorn and Settle In!  If you really want to get in the mood for Halloween and you like…See More
yesterday
Bob of the Family Renner posted photos
yesterday
Doc Vega posted a blog post

Terror on All Hallows Eve

Chapter IElizabeth was angry. All of her friends were going to be out on Halloween, but her. She…See More
Monday
Jeff favorited Jeff's profile
Monday
Jeff favorited Jeff's profile
Monday
Jeff favorited Doc Vega's profile
Monday
Jeff is now a member of 12160 Social Network
Sunday
Doc Vega posted blog posts
Friday
tjdavis posted a video

How Corporations Are Secretly Poisoning Our Food Supply

Dupont and 3M have been secretly poisoning America for decades. PFAs — also known as forever chemicals—are now in our food, water, clothes, and our blood. Th...
Friday
Doc Vega posted a blog post

They Won’t Stop

 The demonically driven left will not stop. Makes no difference how much violence they call for or…See More
Oct 22
Doc Vega posted a blog post

What US Scientist unwittingly helped the Nazis devise the V-2 Missile?

  In the early 1920’s and leading up to World War II German technology outpaces the peace time…See More
Oct 20
tjdavis favorited Sandy's video
Oct 19
tjdavis posted a photo
Oct 19
Christopher Walker is now a member of 12160 Social Network
Oct 19
tjdavis posted videos
Oct 19
Burbia commented on tjdavis's photo
Thumbnail

Reflection

"Let's see if this goes past indictment."
Oct 18
Doc Vega commented on Doc Vega's blog post Something Watches From Out there in the Wilderness
"cheeki kea That's very interesting history. So many things about history that go ignored or…"
Oct 18

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted