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MINNESOTA COURT OF APPEALS CONFIRMS BB GUNS AS FIREARMS
GunsAmerica ^ | 12-30-2015 | Max Slowik

Posted on 01/02/2016 12:17:07 AM PST by VeniVidiVici

The Minnesota Court of Appeals held up a statute that defines BB guns as firearms when it comes to prohibited persons. The decision comes as bad news for defendant David Lee Haywood, 37, who was found guilty of possessing a firearm and now faces a five-year sentence.

Police searched Haywoods car after discovering that he was in violation of a no-contact order with a passenger during a 2013 traffic stop. A compact air pistol was found in his glove compartment. Haywood was previously convicted of felony drug possession and was therefore not allowed to own any firearms or airguns in Minnesota.

Haywood's airgun, an Umarex Walther CP99 Compact, uses CO2 cartridges to shoot .177-caliber BBs. The appellate court ruling follows previous decisions maintaining that airguns, when in the possession of felons, are no different then firearms.

The jury was instructed to treat the airgun as a firearm during deliberation. Normally state law makes an exception to the definition of firearm specifically for BB guns and airguns firing a projectile smaller that .18-caliber.

(Excerpt) Read more at gunsamerica.com ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Minnesota
KEYWORDS: banglist; bb; control; guns; toys
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Frankly, the judge instructing the jury to treat this CO2 pistol as a firearm is BS in this particular case. Had he used it in the commission of a felony I'd agree with the state.
1 posted on 01/02/2016 12:17:07 AM PST by VeniVidiVici
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To: VeniVidiVici
The accused


2 posted on 01/02/2016 12:20:41 AM PST by VeniVidiVici (Obama = ISIS Fanboy)
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To: All

No fire/combustion = not a firearm. Wacky judges!


3 posted on 01/02/2016 12:22:41 AM PST by Drago
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To: Drago
BB guns "diesel".

Notice the smoke...

4 posted on 01/02/2016 12:25:34 AM PST by Does so (Europeans had better start "overstaying their visas" in the USA. ==8-O)
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To: Drago

I agree but that is federal law, it is possible the state of Mn. did upon this mans conviction and probable plea bargain included air guns being prohibited. In other words, state law violation.


5 posted on 01/02/2016 12:29:22 AM PST by eastforker (The only time you can be satisfied is when your all Trump.)
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To: eastforker

And he could poke an eye out with that thing.


6 posted on 01/02/2016 12:31:26 AM PST by Jeff Chandler (I shot Schroedinger's cat with Chekhov's gun.)
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To: VeniVidiVici

The law is wrong to treat this BB gun as a firearm. The judge was wrong to direct the jury to pretend something that was not true. The jury was wrong to listen to the judge. This man should not have been prosecuted.


7 posted on 01/02/2016 12:35:39 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Jeff Chandler

State laws can be quite interesting. For instance, a convicted felon in Texas can own a shotgun for his home five years after sentence completion. He would still be in violation of federal law but not state law.


8 posted on 01/02/2016 12:35:49 AM PST by eastforker (The only time you can be satisfied is when your all Trump.)
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To: VeniVidiVici
This is a very close replica of a Walther semi. We all know why this miscreant had it and it wasn't for recreation.

He broke conditions of his parole, case closed.

9 posted on 01/02/2016 12:41:08 AM PST by Eagles6 ( Valley Forge Redux. If not now, when? If not here, where? If not us then who?)
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To: Pollster1

Don’t you think if you saw this guy walk into your liquor store with this gun that you would feel differently? The kid in Cleveland certainly found out the hard way that a toy gun can very easily cause the same alarm and fear of personal harm as a real gun.


10 posted on 01/02/2016 12:49:14 AM PST by Jack Straw from Wichita
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To: Eagles6

Fake on left, real on right

Even if he had it for criminal purposes, the law should specifically ban look-alike weapons for felons if they want to prosecute him for that. It's not a firearm, and they should not prosecute by pretending it is something that it is not.

11 posted on 01/02/2016 12:54:17 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Jack Straw from Wichita

If he used it in a robbery pretending it was a weapon, I would be okay with shooting him or with prosecuting armed robbery (if the armed robbery statute specifically included look-alike weapons). What I object to is the imprecise reading of any law.


12 posted on 01/02/2016 12:56:36 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Pollster1

Oh, but the statute defined firearm to include bb guns. The court was only carrying out the letter of the law. The court would be failing in its duty if it did otherwise.


13 posted on 01/02/2016 1:00:16 AM PST by Jack Straw from Wichita
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To: Pollster1

If the state wants to list bb guns or air rifles as a prohibited item for felons to own, the same as firearms, that is their right under the 10th amendment. I don’t agree with it but that is a states right.


14 posted on 01/02/2016 1:01:24 AM PST by eastforker (The only time you can be satisfied is when your all Trump.)
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To: Jack Straw from Wichita
The Minnesota Court of Appeals held up a statute that defines BB guns as firearms when it comes to prohibited persons.

You're right; I misread the story. The legislators are wrong to change the definition of firearms instead of changing the laws that restrict firearms for prohibited persons, but the judge was correct to apply this poorly-written law as he did.

15 posted on 01/02/2016 1:04:17 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Drago

Minnesota - Brain-free leftist aholes at all levels of government there.


16 posted on 01/02/2016 1:22:25 AM PST by MadMax, the Grinning Reaper
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To: Pollster1

And yet the court disagrees with you


17 posted on 01/02/2016 1:31:52 AM PST by Nifster (I see puppy dogs in the clouds)
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To: Pollster1

The law in general is a farce.

Glorified dog and pony show.


18 posted on 01/02/2016 2:09:30 AM PST by aresmars
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To: Pollster1
I'm inclined to agree. It's impossible to determine if it's the real thing or not going by the profile. Some of these replicas have a barrel sized the same as the real pistol so there's nothing to indicate it is not a real gun at a distance.
19 posted on 01/02/2016 3:01:49 AM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: VeniVidiVici
It is inherently illogical to call an air propulsion weapon a ‘firearm.’ There simply is no firing going on in an air gun. The projectile is propelled by air not fire induced exploding powder. Why can't people use the English language correctly. Just the fact that grown adults are arguing over the issue ought to tell you something is wrong here. There is a due process argument when grown ups sit around arguing about a self-imposed illogical meaning assigned a new definition that makes conduct criminal. Why can't they just call it what it is, an air gun, and be done with it.
20 posted on 01/02/2016 3:17:36 AM PST by iontheball
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