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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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To: Red in Blue PA

No, I don't think so...

21 posted on 09/28/2015 4:18:48 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: Red in Blue PA

i think the punishment should fit the crime. non violent felonies have nothing o do with firearms rights being taken away. violent felonies much much more so.


22 posted on 09/28/2015 4:18:53 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Red in Blue PA

You’ve done the penalty. Good bye and have a nice day. Having a conviction following you for the rest of your life is a life sentence.


23 posted on 09/28/2015 4:20:27 PM PDT by SkyDancer
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To: Red in Blue PA

if they murder at 18 they are living in jail for decades, hardly living a good life not murdering anyone by their own choice.


24 posted on 09/28/2015 4:21:09 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Hugin

“he can always get a gun anyway. Or use a knife, baseball bat, fists, etc.”

Or in this case a BB gun. Now there is a slow death. A Red Ryder can hold 650 bbs.


25 posted on 09/28/2015 4:21:26 PM PDT by rey
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To: Red in Blue PA

No, it isn’t.


26 posted on 09/28/2015 4:21:35 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Red in Blue PA

Well, it is Minnesota, after all. Socialist Central.


27 posted on 09/28/2015 4:21:36 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: RS_Rider

“Bow & Arrow are also considered a “firearm”.”

Impossible! Bo and Luke, just a couple of good ol’ boys, wouldn’t break the law, cuz they were never meaning no harm! (My inane post of the day)


28 posted on 09/28/2015 4:22:18 PM PDT by Carthego delenda est
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To: Red in Blue PA

Redefine marriage,
redefine firearm-

It`s the NEW DOUBLE-MEANING DICTIONARY, Published by,
Who else??—DOUBLEDAY!!!

What`s next?


29 posted on 09/28/2015 4:22:48 PM PDT by bunkerhill7 ((("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione."))))))
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To: Secret Agent Man

Rob a store with a gun....nobody killed.

They should lose their gun rights forever?


30 posted on 09/28/2015 4:23:15 PM PDT by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: faithhopecharity
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?

Same thing a sex-offenders registry does.

31 posted on 09/28/2015 4:23:24 PM PDT by E. Pluribus Unum (Is the Pope Catholic?)
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To: Red in Blue PA

The essential ingredient in a firearm is fire...an airgun is explicitly unregulated because it doesn’t use fire to accelerate the projectile.


32 posted on 09/28/2015 4:23:41 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Red in Blue PA

Neighboring Michigan recently removed BBgun/pellet rifle from the legal firearm definition.


33 posted on 09/28/2015 4:23:43 PM PDT by Sasparilla (If youce, prepare for war.)
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To: Red in Blue PA
Minnesota court: BB gun is a ‘firearm’

Typical judicial idiocy. What part does the "fire" come out of Judges? You do know that the word FIRE-Arm comes from the fact that fire is what expels the projectile?

No, they are stupid and think compressed air is the same thing as "fire".

34 posted on 09/28/2015 4:25:14 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: Red in Blue PA
Apparently and demonstrably the courts can make up anything they want.
35 posted on 09/28/2015 4:25:21 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Carthego delenda est

“Impossible! Bo and Luke, just a couple of good ol’ boys, wouldn’t break the law, cuz they were never meaning no harm! “

Unfortunately, that was in a much saner period of history.


36 posted on 09/28/2015 4:26:03 PM PDT by RS_Rider (I hate Illinois Nazis)
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To: rey
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?

The constitution does not prohibit states from doing so, unless you could call it cruel and unusual punishment, as it allows for rights to be taken away after due process. Some states do have ways for felons to regain their right to firearms though it is often arduous.

I think it is wrong to take away a man's right to self defense for life but that is an argument to be made to state legislatures, not judges.

37 posted on 09/28/2015 4:26:27 PM PDT by RightOnTheBorder
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To: Red in Blue PA

Then we must control pea shooters, dart blowers, marshmallow guns, potato guns, pumpkin chuckers and Nerf guns.

Logically.


38 posted on 09/28/2015 4:27:36 PM PDT by polymuser ( Enough is enough)
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To: SkyDancer

“You’ve done the penalty. Good bye and have a nice day. Having a conviction following you for the rest of your life is a life sentence.”

Though I agree with what you are saying, I doubt it’s been that way since the 60’s or maybe the 70’s. Nowadays, a teenager who makes an idiotic Facebook post will have it following him/her around forever.


39 posted on 09/28/2015 4:27:41 PM PDT by Carthego delenda est
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To: Blood of Tyrants

The judge who issued this decision needs to be impeached and removed for gross stupidity.


40 posted on 09/28/2015 4:27:56 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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