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air rifles, pellet/bb guns considered firearms

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  • rifle pimp
    Junior Member
    • Jan 2013
    • 85

    air rifles, pellet/bb guns considered firearms

    Are these considered firearms and need to be secured the same as firearms with children in the house? Unloaded and not charged of course. Thanks
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44624

    No, not for that purpose.

    Lots of places group them with firearms for usage, so shooting in your back yard might be prohibited.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      IA300
      Member
      • Jan 2013
      • 255

      12001. (a)(1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.
      (2) As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person."
      (b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.

      That is the answer I give in court, when I am testifying. Therefore, firearm laws do not apply to BB/Pellet guns for charging purposes. I am not saying a person can not be charged for 245(a)(1) for using a bb/pellet gun, but that person can not be charged with the (a)(2) count, which is specific to firearm use.

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      • #4
        Notorious
        Veteran Member
        • Sep 2008
        • 4695

        Only in New York or New Jersey. Forgot which state classes them as firearms, but not CA.
        I like guns

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        • #5
          P5Ret
          Calguns Addict
          • Oct 2010
          • 6312

          I've only seen them defined as firearms in local ordinances for usage. So as Librarian says shooting in the backyard may be a problem.

          Comment

          • #6
            Ron-Solo
            In Memoriam
            • Jan 2009
            • 8581

            They are considered a firearm under 171(b)PC as it pertains to taking them in a public building.

            One of those things where you have to be careful of generalized statement. Under most situations, they are not considered firearms.
            LASD Retired
            1978-2011

            NRA Life Member
            CRPA Life Member
            NRA Rifle Instructor
            NRA Shotgun Instructor
            NRA Range Safety Officer
            DOJ Certified Instructor

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            • #7
              fullrearview
              Calguns Addict
              • Jan 2008
              • 9371



              Some are pretty impressive though...
              "Always do right. This will gratify some people and astonish the rest."~M.Twain~

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              • #8
                IA300
                Member
                • Jan 2013
                • 255

                Originally posted by Ron-Solo
                They are considered a firearm under 171(b)PC as it pertains to taking them in a public building.

                One of those things where you have to be careful of generalized statement. Under most situations, they are not considered firearms.
                Actually not considered a firearm, but 171b(a)(6) specifically talks about bb/pellet guns. Firearms are listed under subsection (a)(1).

                (a)(6) states: Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.

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                • #9
                  Notorious
                  Veteran Member
                  • Sep 2008
                  • 4695

                  Originally posted by fullrearview


                  Some are pretty impressive though...
                  I took a rabbit with my 177 Gamo Whisper from 30 yards.
                  I like guns

                  Comment

                  • #10
                    Ron-Solo
                    In Memoriam
                    • Jan 2009
                    • 8581

                    Originally posted by IA300
                    Actually not considered a firearm, but 171b(a)(6) specifically talks about bb/pellet guns. Firearms are listed under subsection (a)(1).

                    (a)(6) states: Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
                    Yeah, I was trying to simplify things.
                    LASD Retired
                    1978-2011

                    NRA Life Member
                    CRPA Life Member
                    NRA Rifle Instructor
                    NRA Shotgun Instructor
                    NRA Range Safety Officer
                    DOJ Certified Instructor

                    Comment

                    • #11
                      BigKevLA
                      Member
                      • Apr 2008
                      • 297

                      Also you can not have one if you are are on probation, parole or PRCS.
                      NRA Instructor-Pistol

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