BB Gun is Firearm but it is NOT a pistol, whats will the Minn. SC say ?

[mrsat_98]

WTF is wrong with these people ?


http://kstp.com/news/stories/s4002406.shtmlhttp://kstp.com/news/stories/s4002406.shtml

The Minnesota Supreme Court has agreed to review the case of a convicted felon sentenced to five years in prison for possessing a BB gun.
David Lee Haywood was charged in Ramsey County in 2013 with possession of a firearm by an ineligible person. He was convicted after the judge told the jury a BB gun counts as a firearm.
The Minnesota Court of Appeals upheld his conviction in September, saying appellate courts have consistently included BB guns in the definition of firearms.
The St. Paul Pioneer Press reports the Minnesota Supreme Court will now consider the issue.
Court papers say Haywood was caught with a BB gun that looks like a Walther P99 pistol. Haywood was deemed ineligible to possess a firearm because of a 2005 drug conviction.

https://www.revisor.mn.gov/statutes/?id=624.712
2015 Minnesota Statutes


624.712 DEFINITIONS.

Subd. 2.Pistol. "Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor.
"Pistol" does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry or children's pop guns or toys.

http://www.house.leg.state.mn.us/hrd...firearmsgd.pdf


BB Gun
“BB gun” means a device that fires or ejects a shot measuring .18 of an inch or less in
diameter. Minn. Stat. §§ 609.713, subd. 3, para. (b), cl. (1); 624.7181, subd. 1, para. (a)
Minnesota courts have ruled that a BB gun is a firearm. However, see the statutory
exception under the definition of pistol.

[The Northbreather]

Horrible

[Danke]

MN is such a great place to raise a family...

[luctor-et-emergo]

That's ridiculous.

[mrsat_98]

Hmm I wonder if the brave trustworthy officer is ok ?

[tod evans]

Another DA to mark for public disembowelment.......

[mrsat_98]

Another DA to mark for public disembowelment.......

The Bastard doesn't have the guts for that.

[CaptainAmerica]

[Dr.3D]

So where it the fire in a BB gun?

[GunnyFreedom]

MN is such a great place to raise a family...

MN ain't the kind of place to raise your kids. In fact it's cold as Hell, And there's no one there to raise them if you did....

[osan]

Is the judge incompetent? Is he an idiot? An incompetent idiot? Bet that's it. From Black's Law, 4th Ed. he definition of a firearm is as follows:

FIREARM. An instrument used in the propulsion of shot, shell, or bullets by the action ofgunpowder exploded within it. A weapon whichacts by force of gunpowder. People v. Simons,

124 Misc. 28, 207 N.Y.S. 56, 57. This word com-prises all sorts of guns, fowling-pieces, blunder-busses, pistols, etc.; Harris v. Cameron, 81 Wis.239, 51 N.W. 437, 29 Am.St.Rep. 891; Atwood v.State, 53 Ala. 509; Whitney Arms Co. v. Barlow, 38N.Y.Super.Ct. 563; fountain pen primarily intend-ed for discharge of tear gas, People v. Anderson,236 App.Div. 586, 260 N.Y.S. 329; but not an airpistol. People v. Schmidt, 221 App.Div, 77, 222N.Y.S. 647, 650.

A BB gun is NOT a FIREarm.

Bloody idiot.

[TheNewYorker]

What's next, squirt guns?

Oh wait
http://www.faribaultcountyregister.c....html?nav=5002

[oyarde]

MN is such a great place to raise a family...

More so than people may realize , most of the population and nearly all the communists all reside in one place.

[Ronin Truth]

How's a BB gun ANY kind of "firearm". No fire, no firearm. DUH!

Is a water gun a firearm?

[TheNewYorker]

How's a BB gun ANY kind of "firearm". No fire, no firearm. DUH!

Is a water gun a firearm?

In liberal New York, it can be

[Ronin Truth]

In liberal New York, it can be

S C A R Y !

[osan]

In liberal New York, it can be

Would you have any cites handy for this?

I was once going to take a completely whooped 1911 of very poor manufactured quality, de-mil it completely, sculpt a dildo on the end of the barrel, TIG it on, and carry it on a hip holster during my trips to NYC to see friends and family. At this point, things are so unimaginably stupid there that I have reconsidered this idea, at least for the time being. In 2010 I walked the streets of Manhattan with an empty holster on my belt on 9/11. I was wondering whether I'd end up in jail, but nothing happened. However, on the subway heading up town top meet an old friend, this one Puerto Rican woman saw the holster and looked like she was on the ragged edge of freaking out. Seriously, I was surprised that she didn't start screaming in wild hysteria because the look on her face, replete with eyes bugging out of her head told me things stood to become a mite interesting really soon. I moved on to another car.

Oh, and as to why I wanted to do so seemingly juvenile a thing: it was my visceral response to the sense of violation I experience every time I return to the $#@! hole that was once my home town and cannot legally bear the most effective means of defending myself against the endless parade of scumbags that infest that place. I might have carried illegally there for decades, I will never tell, but at this age I am not in much the mood to spend time on Rikers, so I comply like a good little boy. OK, I need to go vomit now.

[pcosmar]

How's a BB gun ANY kind of "firearm". No fire, no firearm. DUH!

Is a water gun a firearm?

google it.

this $#@! is happening in other states. Michigan for example.

[Dr.3D]

There are some pretty good air rifles that are used for deer hunting and they don't require licensing and registration.
http://www.topairgun.com/50-cal-air-rifles

Not sure they are classified as "firearms" or not.

[presence]

Would you have any cites handy for this?

In new york a toy gun has to be "brightly colored"; I don't think the orange tips count anymore.

http://www.huffingtonpost.com/entry/...b0d4f33a033d15

so any kid with an old orange tipped plastic water gun is technically carrying a firearm and can be summarily executed at will be a leo.

...which should make NY'er feel safer.

"We've had 63 people shot in New York because law enforcement officers thought the toy gun was a real gun," Schneiderman said during an appearance on the "Today" show.

[osan]

WTF is wrong with these people ?

Minnesota.

'Nuff said.

[ChristianAnarchist]

TERRORIST !!!

[osan]

TERRORIST !!!

Not to worry. He'll shoot an eye out before much longer.

[CaptainAmerica]

they will call it a firearm of course.