Posted: 2/13/2010 6:30:43 PM EDT
Looking to build a "potato gun" I've heard rumor they are illegal in NC. Does anyone have specific legal documentation to refute or corroborate?
|
|
Department of the Treasury Bureau of Alcohol, Tobacco, and Firearms Washington, DC 20226 As defined in section 921(a) (3) of Title 18, United States Code (USC) the term "firearm" means –– * (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; * (B) the frame or receiver of any such weapon; * (C) any firearm muffler or firearm silencer; or * (D) any destructive device. Such term does not include an antique firearm. As defined in 26 USC subsection 5845(f) (2) the term destructive device includes any type of weapon by whatever name known which will, or which may readily be converted to, expel a projectile by the action of an explosive or other propellent, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the USC; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes. It is unlawful for anyone to make or possess a destructive device which is not registered in accordance with the provisions of the National Firearms Act. We have previously examined that certain muzzle loading devices known as "potato guns." These potato guns are constructed from PVC plastic tubing. They use hair spray or a similar aerosol substance for a propellant, and have some type of spark ignitor. We have determined that these devices, as described, are not firearms provided that they are used solely for launching potatoes for recreational purposes. However, any such devices which are used as weapons or used to launch other forms of projectiles may be firearms and destructive devices as defined. Taters=OK Other stuff=Not OK |
|
Quoted: Department of the Treasury Bureau of Alcohol, Tobacco, and Firearms Washington, DC 20226 As defined in section 921(a) (3) of Title 18, United States Code (USC) the term "firearm" means ?? * (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; * (B) the frame or receiver of any such weapon; * (C) any firearm muffler or firearm silencer; or * (D) any destructive device. Such term does not include an antique firearm. As defined in 26 USC subsection 5845(f) (2) the term destructive device includes any type of weapon by whatever name known which will, or which may readily be converted to, expel a projectile by the action of an explosive or other propellent, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the USC; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes. It is unlawful for anyone to make or possess a destructive device which is not registered in accordance with the provisions of the National Firearms Act. We have previously examined that certain muzzle loading devices known as "potato guns." These potato guns are constructed from PVC plastic tubing. They use hair spray or a similar aerosol substance for a propellant, and have some type of spark ignitor. We have determined that these devices, as described, are not firearms provided that they are used solely for launching potatoes for recreational purposes. However, any such devices which are used as weapons or used to launch other forms of projectiles may be firearms and destructive devices as defined. Taters=OK Other stuff=Not OK Some really good info there, thank you! But I'm not sure it answers my question. Whether or not it is a firearm doesn't really matter as it is not illegal to manufacture your own firearms. |
|
Quoted: Unless it's a Destructive DeviceQuoted: Department of the Treasury Bureau of Alcohol, Tobacco, and Firearms Washington, DC 20226 As defined in section 921(a) (3) of Title 18, United States Code (USC) the term "firearm" means ?? * (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; * (B) the frame or receiver of any such weapon; * (C) any firearm muffler or firearm silencer; or * (D) any destructive device. Such term does not include an antique firearm. As defined in 26 USC subsection 5845(f) (2) the term destructive device includes any type of weapon by whatever name known which will, or which may readily be converted to, expel a projectile by the action of an explosive or other propellent, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the USC; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes. It is unlawful for anyone to make or possess a destructive device which is not registered in accordance with the provisions of the National Firearms Act. We have previously examined that certain muzzle loading devices known as "potato guns." These potato guns are constructed from PVC plastic tubing. They use hair spray or a similar aerosol substance for a propellant, and have some type of spark ignitor. We have determined that these devices, as described, are not firearms provided that they are used solely for launching potatoes for recreational purposes. However, any such devices which are used as weapons or used to launch other forms of projectiles may be firearms and destructive devices as defined. Taters=OK Other stuff=Not OK Some really good info there, thank you! But I'm not sure it answers my question. Whether or not it is a firearm doesn't really matter as it is not illegal to manufacture your own firearms. |
|
Also keep in mind most towns have ordinances against discharge of guns, including toys inside city limits. Here is the one for my town:
Sec. 11-7. Discharging firearms, toy firearms.
(a) No person shall fire or discharge any gun, pistol, or other firearm within the town or on town-owned property nor shall any person discharge any blowgun, bow, dart thrower, sling, paintgun or toy gun which propels any kind of projectile upon being discharged, nor shall any person throw any object known as a shiruken, shoaken, or throwing star. This section shall not apply to any law enforcement officer in the discharge of his duty or to any person exercising a legal right to defend his person or property. This section shall not apply to weapons and toy weapons discharged in an indoor or outdoor range which is specifically constructed for the use of such and licensed and permitted for the use of such. The bold part would include a spud gun. NC state law defines a firearm as: A handgun, shotgun, or rifle which expels a projectile by action of an explosion.
I dont think that a spud gun would fit that definition unless a prosecutor really was able to twist the definition of a rifle. The other statute that is significant is the one on WMDs: (c) The term "weapon of mass death and destruction" includes:
(1) Any explosive or incendiary: a. Bomb; or b. Grenade; or c. Rocket having a propellant charge of more than four ounces; or d. Missile having an explosive or incendiary charge of more than one‑quarter ounce; or e. Mine; or f. Device similar to any of the devices described above; or (2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one‑half inch in diameter; or (3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or (4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled. I would guess that the bolded parts could apply to a spud gun. |
|
Quoted:
Also keep in mind most towns have ordinances against discharge of guns, including toys inside city limits. Here is the one for my town: Sec. 11-7. Discharging firearms, toy firearms.
(a) No person shall fire or discharge any gun, pistol, or other firearm within the town or on town-owned property nor shall any person discharge any blowgun, bow, dart thrower, sling, paintgun or toy gun which propels any kind of projectile upon being discharged, nor shall any person throw any object known as a shiruken, shoaken, or throwing star. This section shall not apply to any law enforcement officer in the discharge of his duty or to any person exercising a legal right to defend his person or property. This section shall not apply to weapons and toy weapons discharged in an indoor or outdoor range which is specifically constructed for the use of such and licensed and permitted for the use of such. The bold part would include a spud gun. NC state law defines a firearm as: A handgun, shotgun, or rifle which expels a projectile by action of an explosion.
I dont think that a spud gun would fit that definition unless a prosecutor really was able to twist the definition of a rifle. The other statute that is significant is the one on WMDs: (c) The term "weapon of mass death and destruction" includes:
(1) Any explosive or incendiary: a. Bomb; or b. Grenade; or c. Rocket having a propellant charge of more than four ounces; or d. Missile having an explosive or incendiary charge of more than one‑quarter ounce; or e. Mine; or f. Device similar to any of the devices described above; or (2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one‑half inch in diameter; or (3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or (4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled. I would guess that the bolded parts could apply to a spud gun. Maybe these are the WMD's Saddam had, he was stockpiling potato guns!! |
