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.

[Leftism is Mentally Deranged]

What FIRE is there in a BB gun?
Some libs are nuts - kicking kids out of school for drawing pictures of a gun.

[ME-262]

Nice tag-line!
I've been there. ... and not as part of the confederacy.

The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man. -George Bernard Shaw 1856-1950

[mirkwood]

Residents of New Jersey can buy bb guns through a designated local gun store after acquiring an Airgun Permit.
Cite from New Jersey law: "A 'firearm' means any handgun, rifle, shotgun, air gun, gas gun, machine gun, or 'any gun'."

[GnL]

Here in NY, slingshots with wrist braces are illegal. Of course, it is NY.

[GnL]

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.

Actually it is totally valid and fair...if you are the judge.

[Bernard]

Would a squirt gun fall under the judge's definition? Or do I have to be a lawyer to make that connection?

[proud_yank]

Some libs are nuts - kicking kids out of school for drawing pictures of a gun.

Please, for the love of God, tell me you're kidding.

RKBA ping to Joe.

[Steamburg]

If (Big IF) the article is right, the court ruled properly, based on the definition provided by an idiot legislature.
We are usually the first to say that courts should follow the law not make it. It looks like this time they did; eh!

[metesky]

But there should be no excuse for premeditated muder.

Really? How long you been married?

Just kidding, honey. (in case my wife sees this)

[meyer]

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.

Oh, I think that the courts have thought long and hard about this. Their conclusion is that the more "stuff" they can fit under the umbrella of 'firearm', the more stuff they can ban when given the chance.

There's plenty of liberal judges that prefer to circumvent the constitution in favor of being more like Europe. And removing all potential weapons from the hands of the subjects (er... people) is decidedly European these days.

[metesky]

[ME-262]

Looks dangerous!
Too much like a knife!

[stevie_d_64]

Spork!

Pure Genius!!! Love it!

[Elsie]

What part of FIRE is hard to comprehend?

[Elsie]

Now if it had been a CAP pistol; then FRY his a$$!

(Lots of FIRE in one of THEM babies!!!)

[Elsie]

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.

Oh YEAH!!??

Tell that to the Mad Hatter!!

[sig226]

" . . . a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

It depends on how they defined it in the state laws. New Jersey also defines an air rifle as a firearm. A couple of other states classify air guns as firearms. I can't remember which ones did it. Safe guesses: Massachusetts, Wisconsin, Illinois.

New Jersey also illegalized sling shots, but it's a separate law.

[Elsie]

Please, for the love of God, tell me you're kidding.

Sorry Mate!

http://net127.com/2001/04/01/fourth-grader-suspended-for-gun-drawing/

[KenmcG414]

No surprise here. There are a lot of unfortunate souls in MN. who just don't get it. It must be the water...ie, lesbian fire chief of a major city, they elect an Islamist to Congress, the disruptive Immans on the plane out of Minneapolis and on and on. Wake up Minny!

[Porterville]

I hear baseballs are awfully dangerous too.