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Minnesota court: BB gun is a ‘firearm’
blogs.mprnews.org ^

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 ...


TOPICS: News/Current Events
KEYWORDS: banglist; minnesota
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Sorry, but a BB gun I NOT a firearm.
1 posted on 09/28/2015 3:59:43 PM PDT by Red in Blue PA
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To: Red in Blue PA

So is a pop tart.


2 posted on 09/28/2015 4:00:28 PM PDT by rey
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To: Red in Blue PA

No fire, no “fire”arm.


3 posted on 09/28/2015 4:01:20 PM PDT by null and void (FLINT: Free enterprise, Limited government, Individual liberty, National defense, Traditional values)
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To: Red in Blue PA

I’m going to sound like a crazy man here, but where does it say in the constitution that you lose your rights once you are convicted or after you have done your sentence.

If you lose your rights forever, are you not in fact doing a life sentence?


4 posted on 09/28/2015 4:02:13 PM PDT by rey
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To: Red in Blue PA

No way — where’s the fire that all firearms produce to expel the bullet?


5 posted on 09/28/2015 4:02:32 PM PDT by expat2
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To: rey

Agree 100%. Felon should not lose their rights for life.

Additionally, some things such as check kiting large amounts are felonies. Why exactly should check kiting ban you from owning a gun? For life? What is the “logic” behind that?

There is none as far as I can see.


6 posted on 09/28/2015 4:04:23 PM PDT by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: Red in Blue PA

Hopefully this will be reversed on appeal.


7 posted on 09/28/2015 4:04:38 PM PDT by Blood of Tyrants (There's a right to gay marriage in the Constitution but there is no right of an unborn baby to life.)
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To: Red in Blue PA

such a law is unconstitutional, period.

also, it continues in effect punishment for convictions....
effectively imposing cruel and unusual punishment since it apparently extends many ordinary crimes into life (or very very long) sentences?

there are two strong grounds to have a law firm seek to overturn this ridiculous statute


8 posted on 09/28/2015 4:04:43 PM PDT by faithhopecharity (Brilliant, funny, and incisive Tagline coming to this space soon.....)
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To: Red in Blue PA

You agree! A fellow crazy! I feel so vindicated!


9 posted on 09/28/2015 4:06:32 PM PDT by rey
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To: Red in Blue PA

Another stupid and dangerous precedent set by a judge and some dumba$$ DA. Now are we all to go and register our BB guns?


10 posted on 09/28/2015 4:06:48 PM PDT by Magnum44 (I dissent)
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To: expat2

If it doesn’t burn propellant,it’s not a firearm.


11 posted on 09/28/2015 4:07:09 PM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Red in Blue PA

Bow & Arrow are also considered a “firearm”.


12 posted on 09/28/2015 4:09:00 PM PDT by RS_Rider (I hate Illinois Nazis)
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To: Red in Blue PA
Book him, Danno.....


13 posted on 09/28/2015 4:11:54 PM PDT by Iron Munro (Proverbs 21:20 - The wise have stores of food and oil but a foolish man devours all he has))
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To: Red in Blue PA

Appeals courts!


14 posted on 09/28/2015 4:12:18 PM PDT by Gay State Conservative (Obamanomics:Trickle Up Poverty)
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To: Red in Blue PA; All
"Minnesota court:
BB gun is a ‘firearm’...."

 photo Ralphie-Christmas-Story-AR-15.jpg

15 posted on 09/28/2015 4:12:58 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: rey

in the past these people would have been executed wthin days or weeks of sentencing, for capital crimes. they would never have had a chance to own dangerous weapons and murder or’threaten murder, again.

so we either go back to executing people for heinous crimes so they cannot get out into society again, and terrorize people again, or they live, do their non-death sentences, and yes, cannot buy guns again.

the only caveat is that the restriction should fit the crime. if it was non violent crimes without weapons, this should not apply.


16 posted on 09/28/2015 4:13:05 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: rey

You are not crazy. If a person is too dangerous to legally own the means to defend himself, why is he released? If he intends to commit crimes he can always get a gun anyway. Or use a knife, baseball bat, fists, etc.


17 posted on 09/28/2015 4:14:44 PM PDT by Hugin ("First thing--get yourself a firearm!" Sheriff Ed Galt, Last Man Standing.)
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To: Secret Agent Man

So an 18 year old should never be able to own a gun again if they lead a lawful life for 40 years?


18 posted on 09/28/2015 4:15:58 PM PDT by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: Red in Blue PA
A 5.5 grain bb at 800 fps (both typical) has a muzzle energy of 8 foot pounds.

A 36 grain .22 LR at a standard velocity of 1070 fps (both typical) has a muzzle energy of 91 foot pounds.

These are not comparable, and I used just about the smallest firearm caliber in common use. A 12 gauge shotgun can hit 3,000 foot pounds easily.

What about the dictionary definition? /ˈfaɪərˌɑːm/ a weapon, esp a portable gun or pistol, from which a projectile can be discharged by an explosion caused by igniting gunpowder. This was (as the article noted) not a firearm under the common definition.

This is just another typical case of a black-robed thug making up rules and using force to impose those invented rules on others. It's not too different from the white-robed thugs in the days of the Klan, except that out tax dollars are subsidizing this petty tyrant's hobby.

19 posted on 09/28/2015 4:16:50 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: RS_Rider

And a slingshot? Cork gun? How about a spit wad?


20 posted on 09/28/2015 4:18:31 PM PDT by oldbrowser (The kangaroos have taken over the supreme court.)
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