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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

Until this past summer, Michigan law treated pellet pistols as firearms.


81 posted on 09/28/2015 6:09:51 PM PDT by Yo-Yo (Is the /Sarc tag necessary?)
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To: Red in Blue PA
Rob a store with a gun....nobody killed.
They should lose their gun rights forever?

Yes.
Absolutely.

Assuming it was in fact a firearm, and it was loaded.

82 posted on 09/28/2015 6:32:12 PM PDT by publius911 (Pissed?? You have NO idea!)
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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.

You lose you rights while you are under sentence, that includes time you are on probation or parole.

Everything else is overreach.

83 posted on 09/28/2015 6:37:01 PM PDT by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: Red in Blue PA

Yeah, there’s no fire and no powder.


84 posted on 09/28/2015 6:48:50 PM PDT by Crucial (Tolerance at the expense of equal treatment is the path to tyranny.)
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To: Red in Blue PA

Oh Plz.. has they lost their noodles ?

aint no gunpowder or explosive involved.. unless compressed air is now a deadly weapon.


85 posted on 09/28/2015 7:04:28 PM PDT by NormsRevenge (SEMPER FI!! - Monthly Donors Rock!!)
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To: NormsRevenge
I think the decision is typical court idiocy, but Lewis and Clark used a Girandoni air rifle to great effect on their western adventure.
The Lewis & Clark Girandoni Air Rifle
86 posted on 09/28/2015 7:16:36 PM PDT by Cboldt
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To: WhiskeyX
Nice try, but nonsense. Is a simple catapult a firearm? Is a blow gun a firearm? Is a mouth spitting a gob of phlegm a firearm?

Get real.

87 posted on 09/28/2015 7:38:05 PM PDT by expat2
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To: Misterioso

why rent when you can steal? he wouldnt own that either. :-) seems how many do it right now.


88 posted on 09/28/2015 7:53:03 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Secret Agent Man

You’ve out-reasoned me.


89 posted on 09/28/2015 7:59:20 PM PDT by Misterioso (Altruism is a sin.)
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To: Misterioso

And there arent any negative consequences, the felon with a gun charge is always thrown out in plea bargaining, so its not even like any felon ever suffers for breaking the law having a firearm.


90 posted on 09/28/2015 8:05:27 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: rey

Felony used to have a special meaning in common law, now they could make anything a felony.


91 posted on 09/28/2015 8:43:09 PM PDT by dila813
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To: expat2

“Nice try, but nonsense.”

The only nonsense is your nonsense denial of the documented fact in the dictionaries that define these words. Look in a Merriam-Webster dictionary, which serves as the standard reference for American English. You can find the word “fire” is defined as an intransitive verb meaning to “to emit or let fly an object.” You can also find the definition of “arm” as another intransitive verb meaning “to furnish or equip with weapons.” The words, “fire” and “arm” compounded into one word then means “to emit or let fly an object...to furnish or equip with weapons.” You will note there is nothing in the definitions requiring the weapon to emit or let fly an object by the means of combustion. The Balaeric sling used in the ancient battles was certainly purposefully designed as a weapon to let fly an object without the means of the combustion of gunpowder.

“Is a simple catapult a firearm?”

Yes, because it was purposefully designed to “let fly an object” as a weapon.

“Is a blow gun a firearm?”

Yes, because it was purposefully designed to “let fly an object” as a weapon.

“Is a mouth spitting a gob of phlegm a firearm?”

No, because it was not purposefully designed to “let fly an object” as a weapon.

If you want to dispute the written definitions, take it up with all of the publishers of the American English and English dictionaries such as Merriam-Webster, and don’t falsely accuse the judge when he uses the common dictionary meanings of the words.


92 posted on 09/28/2015 9:03:12 PM PDT by WhiskeyX
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To: Crucial

“Yeah, there’s no fire and no powder.”

The standard English dictionary definitions for fire and arm do not require pyrotechnic fire or gunpowder to meet the definitions. See Post 92 for the definitions and examples.


93 posted on 09/28/2015 9:11:39 PM PDT by WhiskeyX
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To: NormsRevenge

“aint no gunpowder or explosive involved..”

The standard English dictionary definitions for fire and arm do not require pyrotechnic fire or gunpowder to meet the definitions. See Post 92 for the definitions and examples.

“unless compressed air is now a deadly weapon.”

Rifles using compressed air were indeed used as deadly military firearms in the European armies of the 18th and 19th Centuries and by Lewis and Clark on their expedition in the Louisiana Purchase territories.


94 posted on 09/28/2015 9:16:50 PM PDT by WhiskeyX
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To: Red in Blue PA

I tried to purchase a sling shot from Cabela’s online, but since I live in NJ, I was prohibited from purchasing this toy. I, an adult, was not too be trusted with something so dangerous as a kid’s toy!


95 posted on 09/28/2015 9:17:33 PM PDT by dead ("I'm up to my eyeball in virgin goats!" - Mullah Omar)
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To: dead

“I tried to purchase a sling shot from Cabela’s online, but since I live in NJ, I was prohibited from purchasing this toy”

Checkout:
http://www.slinging.org/

If they ask you what you have there, just tell them it’s a jock strap and you are just using the stones to keep it in shape.


96 posted on 09/28/2015 9:24:17 PM PDT by WhiskeyX
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To: RightOnTheBorder
Unfortunately it was the Minnesota Supreme Court which made the determination....

And *that's* the highest court in the land?

Unless the Gov. steps in or the Legislature changes the law this guy is screwed.

See above.

97 posted on 09/29/2015 4:28:27 AM PDT by Gay State Conservative (Obamanomics:Trickle Up Poverty)
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To: cableguymn

Interesting. Mine uses an actual spring-loaded magazine holding about twenty shots.


98 posted on 09/29/2015 4:46:42 AM PDT by Wonder Warthog (Newly fledged NRA Life Member (after many years as an "annual renewal" sort))
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To: Red in Blue PA

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

You dont have to commit a felony to lose your rights. Women can allege that they were abused by a husband, and obtain an order of protection and his guns are confiscated. No real evidence needed. It happened to a guy I know and he is screwed until the order gets lifted (if ever).


99 posted on 09/29/2015 4:53:06 AM PDT by Brooklyn Attitude (Things are only going to get worse.)
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To: Red in Blue PA

by definition there must be “fire”

absent fire, there is no firearm

compressed air lacks fire

QED


100 posted on 09/29/2015 4:55:04 AM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, ....carson is the kinder gentler trump)
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