[cc2k]

RightFighter wrote:

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The potato is technically a missile, but the statute that the Ormond Beach officer gave me says that the missile has to contain an explosive, incendiary, or poison gas. A potato does not.

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Did I miss that part. Read this part of what you posted above:

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any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter;

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That description should fit any hairspray powered spud gun in the eyes of most law enforcement, district attorneys and probably most judges and jurors.

[RightFighter]

I just found out that the office from Ormond Beach didn’t give me the whole reference. This was missing from his email to me:

“Destructive device” does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

[VeniVidiVici]

any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter;

And yet we can buy mortar fireworks here in FL.

The problem is the interpretation of the law. And any lameassed judge could do whatever they want until it gets up high enough.

I wouldn't trust what cops say as most of them don't know the correct law to carry a gun in your car; with or without a CCW. That's not a slam against LE it's just my observation.

If you really want a definitive answer, or should I say find out if you'll be prosecuted, is to call the States Attorney for Volusia and ask them. If the cops arrest you, that guy is the one that's going to decide whether to prosecute you or not.