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Posted: 1/3/2003 11:56:19 AM EST
[Last Edit: 1/3/2003 12:08:51 PM EST by diverdown]
I know of a guy who was recently arrested/convicted for "discharging a firearm within city limits". He was addressing a rat infestation issue at his appartment complex, because the landlord evidently was not, and was spotted at the rear of his residence firing a BB/pellet rifle which he had purchased only months before (which would make it March or April, 2002, and well after the AWB). The law abviously holds these BB/pellet rifles to be "firearms", given the offense for which he was convicted, and these guns usually hold several more BB's than ten, (his did), was purchased in the spring of 2002, and manufactured post 1996. My question is this. Could he have been prosecuted for a violation of the magazine capacity restriction? If not, why would the "discharge of firearm" indictment stick? (Note: There are no air rifle ordinances in this particular jurisdiction.) At the very least the charge should have been reduced to malicious mischief or something to that effect. Any thoughts? (Editudd fer aggreejuss spellun errers.)
Link Posted: 1/3/2003 11:58:24 AM EST
does this mean my full auto rubber band gun is now illegal too? yee haw, stock up on ammo
Link Posted: 1/3/2003 12:02:07 PM EST
Link Posted: 1/3/2003 12:03:24 PM EST
[Last Edit: 1/4/2003 6:40:13 PM EST by diverdown]
Originally Posted By 1_153_370_371_407: does this mean my full auto rubber band gun is now illegal too? yee haw, stock up on ammo
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Yeah, my middle finger has been on unregistered full-auto for years now.
Link Posted: 1/3/2003 12:03:35 PM EST
By federal law an airgun is not a firearm. In fact in no circumstances would a proper interpretation of the law conclude that it is a firearm.
Link Posted: 1/3/2003 12:12:23 PM EST
An air-powered gun isn't a firearm even in Californistan. None of the restrictions related to firearms (features, magazine capacity, etc.) apply to BB guns or pellet guns. In most places firing an air gun within the bounds of one's own property is legal. This story sounds fishy. I wonder if diverdown was given a straight story about what the guy actually did and what he was actually convicted of?
Link Posted: 1/3/2003 12:19:31 PM EST
Teenage kid two houses up had his confiscated for shooting cans off a wall. Somebody called the fuzz, the cavalry arrived and the gun was confiscated.Four cop cars showed up to take the bb gun away.It is, btw, illegal, to discharge bb guns or any air rifle within city limits around here.
Link Posted: 1/3/2003 1:13:49 PM EST
Originally Posted By Tactical_Jew: ... It is, btw, illegal, to discharge bb guns or any air rifle within city limits around here.
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That is true in many places in Cali, but in San Diego where I live the code applies only to public streets, sidewalks, and public gathering places. As long as you are shooting within the confines of your own property it's legal: [b]§53.15 Air Guns, Sling Shots, Pointed Missiles, Etc. — Discharge, Propelling Prohibited That it shall be unlawful for any person to discharge any air gun, or sling shot, or bean shooter, or throw, hurl, heave or propel any sharp pointed missile, or dart, or arrow upon any public street or sidewalk or public gathering place within the corporate limits of The City of San Diego. (“Air Guns, Sling Shots, Pointed Missiles, Etc. — Discharge, Propelling Prohibited” incorp. 1–22–1952 by O–5046 N.S., contained in O–61 N.S., adopted 10–24–1932.)[/b]
Link Posted: 1/3/2003 1:23:30 PM EST
[:K]
Link Posted: 1/3/2003 2:11:36 PM EST
Originally Posted By California_Kid: An air-powered gun isn't a firearm even in Californistan. None of the restrictions related to firearms (features, magazine capacity, etc.) apply to BB guns or pellet guns. In most places firing an air gun within the bounds of one's own property is legal. This story sounds fishy. I wonder if diverdown was given a straight story about what the guy actually did and what he was actually convicted of?
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Possible, but those are the facts as I know them.
Link Posted: 1/3/2003 2:15:02 PM EST
Originally Posted By Wobblin-Goblin: [:K]
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[size=5][b]?[/b][/size=5]
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