Is this a weapon

[Mtcat]

I hope I am asking this in the right post.. would you consider a 6mm air powered pellet gun a weapon ? What if it was taken onto school grounds ? I know laws vary state to state, but anyone have any opinions out there ......... any info would help.

Thanks !

[defunto]

When I read this post, my first thought was "A daisy rider BB gun, Kid, you'll shoot your eye out!" Then I read in your profile that you are a dispatcher. If a sling shot can be considered a weapon, I am reasonably sure a 6 mm pellet gun would be as well. I am curious as to what made you think of this topic. Some of the questions that come to mind are: Is this a student with a pellet gun during school hours? / Is it a rifle or handgun? / What is the purpose of having it on school grounds? If you are looking for specific answers, you may want to use a more detailed scenario.

[Mtcat]

I dispatched this incident, sorry for the confusion, this is a CO2 pistol that looks just like a 9mm pistol. A person took it into a school function concealed in his pants. ( this really got my heart pumping) According to Mt. statutes a "weapon" includes guns, knives, slingshots, crossbows anything that shoots a projectile.
Unfortunatly because of the persons parent, an LEO, I don't think it will go anywhere. I was just checking for other opinions on the subject concerning what other states consider weapons.

Thanks

[Birky]

When I was a school resource officer if I had gotten this call this kid would have gone to intake and would have been charged. I wouldn't care who mommy or daddy was. In virginia they probably would have been charged with a felony and it would be reduced in court.

[HK_precop]

I think in california there is enough general draconian firearms laws that it probably would be taken seriously. In school grounds even more so because of the whole school shooting craze. Btw, some pellet guns can do serious damage and have bullet like velocities up to the 700fps range. Those things could possibly kill a person if you shoot them in the head. There are also several other companies that make air rifles intended more for the adult sport shooting.

[DelC]

I just read an article last week about a teenager that was shot in the back with a BB Gun in a drive-by shooting and was killed while he was walking down the sidewalk. Caused damage to a major organ. (Not his heart) Didn’t say Pellet Gun, it said BB Gun. Don’t remember where it happened, one of the major cities. It was just a random shooting, kids out for a few kicks. I was going to post it in the news forum, but I got side tracked.
---------------
Anyway, in my state and as per fed law, a Pellet and/or BB Gun is not considered a firearm and only firearms are illegal on school grounds in a lot of jurisdictions. The definition of a firearm in the US Code and in the State of NE is:

(1) Firearm shall mean any weapon, which is designed to or may readily be converted to expel any projectile by the action of an explosive

Note: Air or CO2 is not an explosive.

However, a Pellet Gun or BB Bun can be classified as a deadly weapon, especially if it’s used in an assault or robbery. Also, your state or city law may classify them as a deadly weapon or may prohibit them from school grounds; you will need to look it up for your jurisdiction.

My State Statue does not allow for an arrest of carrying a concealed Pellet or BB Gun, as they are not classified as a firearm or dangerous weapon per se. Some city ordinances within the state may, I don’t know.

[Kahuna5150]

Originally posted by HK_precop
I think in california there is enough general draconian firearms laws that it probably would be taken seriously. In school grounds even more so because of the whole school shooting craze. Btw, some pellet guns can do serious damage and have bullet like velocities up to the 700fps range. Those things could possibly kill a person if you shoot them in the head. There are also several other companies that make air rifles intended more for the adult sport shooting.

Here in California it *IS* a felony, (actually a wobbler, we charge the felony, the court can and most often does reduce it to the misdemeanor).

626(a) PC Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, a razor with an unguarded blade, a taser, or a stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

[lestrade]

Here in NJ they tried to go further.

There was a case concerning whether or not a semi auto BB gun with a magazine capacity of more that 15 was an "assault weapon." The court held that in NJ it may be an assault weapon but the federal law prohibited such regulation.

A firearm in NJ is

". . . or any gun device or instrument in the NATURE OF A WEAPON from which may be forced or ejected any solid projectible ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon . . . ."
2C:39-1(f)

lestrade

[Kahuna5150]

Wow lestrade, that's interesting...

So in NJ the guy with a loaded BB gun in his waistband gets the same charge as a guy with a loaded .45 or .357? Seems like the definition is pretty well encompassing.

Weird how some laws are written. In CA it is a misdemeanor to have a loaded firearm on your person. You are charged with an additional misdemeanor is the firearm is concealed on your person. So basically you have a guy with a loaded .45 auto in his jacket and you have two misdemeanor charges, (short of other circumstances, school grounds, felon in possession, etc).

Course that same guy can have an ASP batorn or other baton hidden in his jacket with no gun and he gets charged with a felony!

Love those laws!

Kahuna

[Mtcat]

I really appreciate all the replies, it helps to understand the whole matter. It was a situation that was unsettling and I hope it gets resolved with a misd. citation.( misd. in Mt.) Our weapon laws are pretty lax.
It is very interesting to read all the different laws from state to state, thanks to all for the comments.