Minnesota court rules BB gun is a firearm

St. Paul Pioneer Press ^ | SHANNON PRATHER

[neverdem]

A convicted felon barred from carrying a firearm broke the law when he started toting a BB gun, the Minnesota Court of Appeals has ruled.

John Fleming Jr. couldn't legally carry a gun because of two felony assault convictions, so he packed a BB gun instead.

Ramsey County prosecutors decided Fleming was splitting hairs and charged him with unlawful possession of a firearm.

Fleming won when a Ramsey County District judge threw out the charge, ruling the statute doesn't apply to BB guns. But the appeals court ruled prosecutors could again take aim at the two-time felon.

The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

Fleming is accused of carrying a black metal BB gun that discharges a pellet by means of a CO2 cartridge.

[neverdem]

Two felony assault convictions and the question is whether a BB gun is a firearm. I don't see any fire, just a potential weapon. This might get interesting.

Type of rifle that killed girl ID'd by police But there should be no excuse for premeditated muder.

[sourcery]

If a BB gun is a firearm under the law, that has far-reaching consequences beyond just this case. The courts should think long and hard about that, since it's totally bogus and unfair to have "firearm" mean different things in different situations.

[WestVirginiaRebel]

"You'll put yer eye out, and go to jail, too, kid..."

[miliantnutcase]

Well they can't say it's a firearm that would mean it has to be treated and sold like a real gun.

[Manic_Episode]

Pure nonsense. There is no fire, so there is no firearm.

Slingshots will be next.

[garyhope]

Would a bow and arrow be considered a "firearm"? A crossbow?

[spunkets]

"Ramsey County prosecutors decided Fleming was splitting hairs and charged him with unlawful possession of a firearm. ...

"The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

Tha Appelate court has no grounds in the law to do this. I'm sure the MN legislaturre doesn't classify bb guns as a firearm and neither do the feds. stinkin' liberals!

[Lexinom]

Taken to its logical conclusion, any solid object - a rock - can be considered a firearm.

Trouble is, where is the "fire" in the BB-gun firearm?

[Jeff Chandler]

They'll can have my pea shooter when they pry it from my cold, dead lips.

[Rightwing Conspiratr1]

The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

spitballs!

[Cobra64]

Slingshots will be next.

And rope.

[RichRepublican]

LOL

[ME-262]

I guess as a child I and my friends were an armed militia and engaged in gun battles, and we just thought we were playing with our BB-guns. Our firecrackers are probably also now considered bombs

"discharged by means of explosive, gas or compressed air."... By this definition my A$$ could be a firearm!

If we let them take away our BB-guns they'll come for our knives next, and then we'll be stuck eating our steak with nothing but spoons and forks!

[kb2614]

PUT OUT AN APB ON THIS BB GUN WIELDING THUG!!!!

[heleny]

The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

spitballs!

Exactly! Spitballs are projectiles discharged (explosively) by compressed air. According tho this wacky judge, such things that have nothing to do with fire are "firearms."

Continuing this illogical definition of "firearms," hairspray, other household sprays, fire extinguishers, yogurt at high altitude, pressurized soft drink cans, and living animals all discharge projectiles by means of compressed air/gas. Would this judge categorize all these as "firearms?" Maybe he needs a dictionary.

[KarinG1]

Maybe he needs a dictionary.

You are right.

[ME-262]

Who Knew the Kid was a right wing second amendment believing extremist.

Who reminded you more of a liberal; the bully's little toady, the kid who stuck himself to the flagpole, or the kid who liked the tin man?

[LibLieSlayer]

"Who Knew the Kid was a right wing second amendment believing extremist."

I KNEW that I always liked that kid!

"Who reminded you more of a liberal; the bully's little toady, the kid who stuck himself to the flagpole, or the kid who liked the tin man?"

The Union Stevedores that delivered the dad's "major award"! :-)

LLS

[rawcatslyentist]

[elcid1970]

Don't laugh; right now in the enlightened U.K. they're in the process of banning swords and knives with points.

Got Ginsu? Turn them all in, mate.