Posted on 09/28/2015 3:59:43 PM PDT by Red in Blue PA
A BB gun is a firearm, the Minnesota Court of Appeals has ruled.
The court made its declaration in the case of a man who was not allowed to possess a firearm because of an earlier felony conviction for possession of a controlled substance.
This is the law that tripped up David Haywood.
Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a firearm, commits a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.
But the law doesn’t define what a firearm is.
(Excerpt) Read more at blogs.mprnews.org ...
He always will be a FELON. He is a released CONVICT. Somethings are forever.
yes. have zero problem with that.
“Then we must control pea shooters, dart blowers, marshmallow guns, potato guns, pumpkin chuckers and Nerf guns.”
Exactly! Where does one draw the line? Logic would’ve put it at the projectile being propelled by, wait for it..... “FIRE”. Duh!
Must be a libtarded activist judge.
actually felons do have a right to self defense, as there have been cases where they have used another person’s weapon to defend themselves. they lose’the right to own guns but under self’defense situations like where theyve gotten a gun away from an attacker and used it or held the attacker at gunpoint, or used a family members’ gun to defend themselves and family from attack, there have ben cases where they have been okay by the courts in doing so.
not’being able’to owning property isnt the same as no self defense rights. they can still have edge weapons, hammers, screwdrivers, an automobile, rope, chainsaw. they are hardly defenseless given whatall can hurt or kill a person.
i actually believe this judge is an idiot.
Like five year old kids being branded a sexual deviate for kissing a classmate ...
I am of the opinion that is you use a firearm, no matter what happens. You will be tried and if found guilty, be executed within 90 days.
From the opinion of Judge Michelle Ann Larkin:
“The complaint alleged that Haywood possessed a Walther CP99 Compact .177-caliber BB gun and that Haywood was ineligible to possess a firearm based on his 2005 conviction of controlled-substance crime in the second degree. The record indicates that the BB gun looks like a miniature version of a standard Walther P99. The record also indicates that the BB gun has an effective range of approximately 350 yards and a substantial muzzle velocity.”
A CO2 powered pistol BB gun with an effective range of 350 yards??? I want one!!! Yeah baby! That makes me think of the tiny ray gun from the movie “Men In Black”.
http://mn.gov/lawlib/archive/ctappub/2015/opa141792-092815.pdf
Unfortunately it was the Minnesota Supreme Court which made the determination that a BB gun is a firearm.
http://caselaw.findlaw.com/mn-court-of-appeals/1225873.html
Unless the Gov. steps in or the Legislature changes the law this guy is screwed.
My son can empty his 16 shot clip in seconds. A co2 powered semi auto is quick. reloading. Not so much.
Shouldn’t be. The penalty should erase the crime. If it doesn’t, it’s the fault of the law, not the person.
Make me a dictator, there would be fewer crimes, harsher sentences, persons completing them treated as reborn innocents.
In a completely unrelated story other than i saw it in minnesota.. a dukes of hazard slot car set.. the generals roof was naked. Manager said they use to sell 2 or 3 a week. The new naked roof batch.. notta one.
Picture of Judge Michelle Ann Larkin at this link:
http://www.mncourts.gov/About-The-Courts/Overview/JudicialDirectory/Bio.aspx?id=302
Extra clips. I have four for my CO2/BB pistol. Loading the clips can also be sped up by putting BB's in soda straws. Plug one end and a bit of masking tape over the other once the BB's are in place.
Where’s the fire? Compressed air gun. Kinda like a fart, which can be deadly.
I suppose my language was imprecise, let me take another go at it. A felon loses his right to mount a self defense as effective as that allowed to the general public, over the age of 18. Ok, I think I covered my bases there :-)
the word effective is subjective. people with knives, hammers, other non-gun tuff, kill people with guns all the time. the tueller drill? surprise attacks?
so the answer is still yes.
Minnesota liberal judge...
You are correct.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.