BB gun on the bus

[strongpoint]

it was a train, technically, but that's a less-catchy headline. imagine what UOC would have gotten him.

San Francisco police storm N-Judah on reports of gun-wielding passenger

[motorwerks]

wft?

[dantodd]

Too bad about the pot. BB gun possession laws are preempted by state law. SF might find themselves on the losing end of yet another lawsuit if this guy gets competent counsel.

[Purple K]

Oh Don!

[tpuig]

Yeah, wtf. It's probably illegal to shoot the thing, but not to have it. What in heck is misdemeanor possession of a pellet gun?

That's a block from Golden Gate Park. He was probably just using it to avail himself to the plentiful pigeon population. A guy's gotta eat...

[Vacaville]

I understand the other charges, but I didn't know you could be charged with misdemeanor possession of a pellet gun. Pretty sure a lot of us possess pellet guns.

[dantodd]

I understand the other charges, but I didn't know you could be charged with misdemeanor possession of a pellet gun. Pretty sure a lot of us possess pellet guns.

There must be a law prohibiting the possession of airguns in San Francisco.

[2Bear]

There must be a law prohibiting the possession of airguns in San Francisco.

Yup...

"It's a city ordinance," said Lieutenant Daniel Mahoney of SFPD's legal division, referring to Police Municipal Code section 602. Captain David Lazar noted that, in his 18 years as a police officer, he has seen "numerous arrests for possession of an air pistol. It's a misdemeanor." While he stresses that it isn't "the spirit of the law," Lazar says that under the city's ordinance, an officer could even theoretically arrest you for possession of a BB gun that is secured in your home — and even in your gun locker.

But...

Both Public Defender Jeff Adachi and Brian Buckelew of the District Attorney's office noted that Section 602 had been overridden by the 2004 state law — Government Code 53071.5, for what it's worth — meant to bring consistency across the state. According to state law, both adults and minors may possess BB guns or paintball guns, so long as they don't discharge them improperly, expose them in public, or wander onto school grounds.

http://www.sfweekly.com/2009-10-07/news/police-declare-air-guns-illegal-s-f-public-defender-d-a-and-state-law-disagree/

There's also one about selling them...

One of the most interesting of these local rules is the total ban on selling, or even displaying, airguns in San Francisco. That law was reportedly put on the books very early in the century to try to inhibit youngsters who were stimulating the back ends of milk wagon horses on incredibly steep streets of San Francisco!

http://www.beemans.net/airguns_and_the_law.htm

[dantodd]

I didn't see the SFWeekly story, hopefully this guys attorney will read it. It is interesting that a slingshot is illegal to own and I don't think there is any state preemption of a law that stupid.

[Wherryj]

Yeah, wtf. It's probably illegal to shoot the thing, but not to have it. What in heck is misdemeanor possession of a pellet gun?

That's a block from Golden Gate Park. He was probably just using it to avail himself to the plentiful pigeon population. A guy's gotta eat...

The article is pretty poorly written, but from what I gathered the guy had supposedly just put the pellet gun into a case. I assume that means that it was in a case when the police arrived?

That sounds like he couldn't be hit with the usual brandishing, etc.