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: 78

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega commented on Doc Vega's blog post So you Don't Think Communist China is Buying Off the Democrat Party?
"Tragically funny how easily patriotism dissolves when money is involved! "
15 hours ago
Doc Vega favorited tjdavis's blog post The Islamization of Texas and the Rest of the States
15 hours ago
Doc Vega commented on tjdavis's blog post The Islamization of Texas and the Rest of the States
"Yes and they are at this time allowing Epic City, a muslim wet dream to be constructed near Dallas…"
15 hours ago
Doc Vega posted a blog post
19 hours ago
Burbia commented on tjdavis's blog post The Islamization of Texas and the Rest of the States
"Muslim celebration at Grand Prairie water park canceled after Gov. Abbott threatens to pull city…"
yesterday
Burbia commented on tjdavis's blog post Reminder: The Bush Family purchased over 100,000 acres of land in Paraguay
"I guess with coming solar flares that sent societies underground before arrives in the near future…"
yesterday
Burbia posted a blog post

'Showbiz' Don to Release Xenu Upon the Public

 New York Post says the other files will be released Friday. If there ever was a Disclosure from…See More
yesterday
tjdavis posted a blog post
yesterday
tjdavis posted a blog post
Wednesday
tjdavis posted a video

Jerusalem Syndrome - Israel/Palestine

August 2006For some, visiting Jerusalem brings them a little too close to God. Dozens of tourists develop 'Jerusalem Syndrome', believing they have a messian...
Wednesday
tjdavis posted photos
Wednesday
Doc Vega posted a blog post

So you Don't Think Communist China is Buying Off the Democrat Party?

California Democrats Just Joined Hands With Communists Funded From ShanghaiPosted on …See More
Tuesday
cheeki kea commented on Doc Vega's photo
Thumbnail

681373888_994247376374814_9118727954735788138_n

"But Wait Folks... There's even more, even more than more in this ugly situation. A story of…"
Tuesday
Doc Vega posted a blog post
Monday
Less Prone left a comment for Aristo Kids
"Welcome aboard"
Sunday
Aristo Kids is now a member of 12160 Social Network
Sunday
Less Prone left a comment for Doc Vega
"Ning is working on theproblem. Their reply: "Hello, Thank you for notifying us.We are…"
Sunday
Sandy posted a video

The Day of the Dolphin (1973) Original Trailer [FHD]

Directed by Mike Nichols. With George C. Scott, Trish Van Devere and Paul Sorvino.The Day of the Dolphin Blu-ray : https://amzn.to/3W9bfbxThe Day of the Dolp...
Sunday
Sandy posted photos
Sunday
Less Prone left a comment for Doc Vega
"I issued a ticked concerning your report. "The rgeular format is not appearing on the…"
May 3

© 2026   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