What is considered a firearm?

Discussion in 'Trucking Industry Regulations' started by Firebird, Nov 10, 2007.

  1. Firebird

    Firebird Light Load Member

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    I have a CO2 Powered BB Gun. It will throw a BB at better than 650 FPS. Is this considered a firearm?
     
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  3. Scarecrow03

    Scarecrow03 Road Train Member

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    As with everything else related to firearms, I'm sure this will be dependent upon the state and/or community you are in/traveling through.

    I found this on the Illinois State Police website:

    What is the definition of a firearm according to the FOID Act? "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:
    (1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
    (2) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
    (3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
    (4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

    Something else I found on this site was this interesting FAQ:

    I have a friend/relative who has a "conceal and carry" permit issued in the state in which they reside. Is the permit recognized in Illinois? No. Non-residents are subject to Illinois law, restrictions, and penalties, and should be familiar with them if the non-resident plans to bring a firearm into the state of Illinois.

    While I firmly believe in the US Constitution's 2nd Amendment right to bear arms, I think this adds to my belief that it's probably best and less headaches not to have any kind of projectile weapon in a big truck. I'll just leave my guns at home.
     
  4. Burky

    Burky Road Train Member

    You can bet that if you use your BB gun as a weapon, then it will be classified as such. The law will take your intent into consideration when deciding whether or not it is a "gun" regardless of the specifics of the definition.
     
  5. Cybergal

    Cybergal Road Train Member

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    Exactly!
    If you even point your BB gun at a person that is considered a weapon and could result in a felony.
     
  6. Firebird

    Firebird Light Load Member

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    Aug 13, 2006
    Bristol, VA
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    It was just a thought. No, I don't take it with me in the truck.

    My "good" pellet gun shoots a pellet at over 1500 FPS. lol

    Dave
     
  7. Trooper One

    Trooper One <strong>"Full Grown"</strong>

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    NW, Connecticut
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    There definately would be a difference in charges against you if found or used.

    Both definitions are in laymen terms:
    Firearm- any device used to propel a projectile
    Weapon- any item used to inflict harm.

    PS My parents just built a house in Bristol, VA!!! Will be coming down again in Dec!

    Beautiful area.
     
  8. Markk9

    Markk9 "On your mark"

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    Lehigh Valley, PA
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    By federal law, ie the ATF, an air gun is not a firearm. By state law it depends on the state. In PA an air gun is not a firearm, in NY and NJ it is a firearm. But if you use it as a firearm in the commission of a crime you will be charge as if you had a "real" firearm.

    I would not have one in my truck.

    Mark
     
  9. Firebird

    Firebird Light Load Member

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    Aug 13, 2006
    Bristol, VA
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    Well, I wasn't at all saying that I would just wave a BB gun around for no reason. It's a BB gun after all. But if it came down to an emergency situation where it was a legitimate self defense case, then anything can be construed as a weapon and therefore the courts are going to look at it as a weapon.

    My question was just that if it was in the truck, would it be considered a firearm just BEING there. Not being pointed at anyone, or brandished in a threatening fashion or whatever.

    Bristol is a beautiful area. I travel all over the east coast and am happy to return here. Although we get a lot more tourists this time of the year(leaves and all) it is nice here year round.Welcome to the neighborhood!!

    Dave
     
  10. Markk9

    Markk9 "On your mark"

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    Lehigh Valley, PA
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    Firebird, it depends on what state, and sometimes what city. In NY city, just having an unregister "firearm" will land you in jail. In NY city without a permit there is no legitimate self defense with a "firearm".

    As a side note, the Feds "ATF" do not consider a black powder weapon a firearm. You do not need any permits and can ship a black powder weapon through the mail. Try waving a cap and ball revolver in NY city and see what happens to you.

    Mark
     
  11. Too-Tall

    Too-Tall Light Load Member

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    Pittsburgh PA
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    well this sucks.

    i was actualy this close }{ to purchesting an MP5 replica electric airsoft submachine gun that fires full auto. 650rpm with a 530 round magazine. i would think any unlawful entreance into my home/truck would be met with a hailstorm of 6mm pain :biggrin_25525: which is only fun until someone looses an eye, and with my aim it would prolly be the intruder.

    $119 for it. sweet price

    utimitly i figured on buying the weapon, keeping it loaded and charged up net to my bunk # night and if on the off chance DOT did a full out search of my vehicle and found it i could simply say i bought it for a freind/cousin/whatever from another driver and was taking it home :yes2557:

    [​IMG]

    note: the tip is actualy orange in the consumer model; photo doesnt display that however. and i have no intention of coloring or removing ht eorgange tip to keep it legal (if i were to buy and carry it)
     
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