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 doesnt define what a firearm is.
(Excerpt) Read more at blogs.mprnews.org ...
So is a pop tart.
No fire, no “fire”arm.
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?
No way — where’s the fire that all firearms produce to expel the bullet?
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.
Hopefully this will be reversed on appeal.
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
You agree! A fellow crazy! I feel so vindicated!
Another stupid and dangerous precedent set by a judge and some dumba$$ DA. Now are we all to go and register our BB guns?
If it doesn’t burn propellant,it’s not a firearm.
Bow & Arrow are also considered a “firearm”.
Book him, Danno.....
Appeals courts!
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.
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.
So an 18 year old should never be able to own a gun again if they lead a lawful life for 40 years?
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.
And a slingshot? Cork gun? How about a spit wad?
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