Are air pistols considered "firearms"?

[SolidGun]

I have a cousin can't own a firearm because of his felony charge, but he is on probation for 2 years and the charge will be dropped after two years of imposed sentence. One of the conditions are that he cannot own firearms during the 2 years. He has been practicing to shoot competitively for a while but he made this mistake. I was going to suggest air pistols instead of .22 he is used to. But before I let him know I wanted to make sure that APs are not considered to be "firearms" and that he can practice with them until he gets his rights back.

thanks in advance.

[Mike Douglass]

Ask a probation officer and the County court his probabtion is through. It doesn't matter what anyone here says. What matters is what the Court system says.

Mike Douglass

[Mike Douglass]

probabtion=probation

[SolidGun]

Well, I would have him ask his probation officer, but I don't want to get his hopes up. And from the court documents that I have read, it states that he cannot own firearms and from what I know ATF doesn't consider air guns firearms because you don't need a background check or anything. I just wanted to make sure that the things haven't changed since my last purchase 2 years ago.

[Jose Rossy]

Well, I would have him ask his probation officer, but I don't want to get his hopes up. And from the court documents that I have read, it states that he cannot own firearms and from what I know ATF doesn't consider air guns firearms because you don't need a background check or anything. I just wanted to make sure that the things haven't changed since my last purchase 2 years ago.

It all depends on what your state law considers firearms.

In most states air guns are not considered firearms. In some states (Illinois) ALL airguns are considered firearms. In some states SOME airguns (depending on MV) are considered firearms.

It seems that ND does not consider airguns to be firearms, or even weapons:

"Firearm" or "weapon" means any device which will expel, or is readily capable of expelling, a projectile by the action of an explosive and includes any such device, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon.

http://www.state.nd.us/lr/cencode/t621c01.pdf

[SolidGun]

Thanks a lot Jose Rossy. My cousin lives in MN, but I think I will just search through their state site to look that information up.
I didn't even think about searching for it that way and totally forgot about state regulations.
It is nice to know that my state places airgun alongside SuperSoakers, but no complaints from me since they don't charge me any other fees to own it or have the hassle of obtaining misc licenses.

[william]

Tell your cousin to consult a lawyer. I can just hear him as the probation officers slap the cuffs on and lug him out of his house: "...but the law doesn't say anything about airguns."

[anschutzshooter]

hmm...I didn't know Illinois considered all airguns to be firearms...I've never had to register my air rifle, only my .22. I only needed my FOID (Firearm Owner Identification) to transport my .22. Interesting...

[Jose Rossy]

hmm...I didn't know Illinois considered all airguns to be firearms...I've never had to register my air rifle, only my .22. I only needed my FOID (Firearm Owner Identification) to transport my .22. Interesting...

The NRA's summary of Illinois gun laws states that there is no statewide firearms registration in your state, only in the city of Chicago.

The Federal 4473 yellow form is not a registration.

[terrypchan]

In fact the only airguns that are considered firearms in Illinois are either .22 cal or airguns that have a pellet velocity exceeding 700ft/sec. Illinois does NOT require an FOID card for the purchase of any competition grade air pistol.

[Jose Rossy]

In fact the only airguns that are considered firearms in Illinois are either .22 cal or airguns that have a pellet velocity exceeding 700ft/sec. Illinois does NOT require an FOID card for the purchase of any competition grade air pistol.

I stand corrected. Still a pretty nasty place for gunowners........

[Russ]

@

[Jose Rossy]

I stand corrected. Still a pretty nasty place for gunowners........

Do you know better place? Let me know, if you do....
How about this : "How I bought a rifle for self-defense in Russia"

http://en.rian.ru/analysis/20050811/41139012.html

Russ

I'm talking about Illinois, not the United States. Two states east in Ohio, I can buy any kind of gun I want (except class 3) from anyone I like, without needing prior permission from the government. Sure, I need to go through the Brady chack if buying from a dealer, but if I buy from just a private seller, I don't need to tell any police agency about it. I can own machine guns if I want to, provided the ATF approves my application. I don't need to show any kind of gun license when buying ammunition. I can carry a concealed weapon.

Yes, there are FAR better places than Illinois to be a gun owner in.

[ColinC]

How about here in Australia?
Airguns are classed the same as all other pistols. To own one you have to be a member of a pistol club, do a firearm safety course, go through six months probation during which time you have to record a minimum five competitive shoots...and then you can apply to buy one when you get your full handgun licence.
The airgun has to be stored in a safe with ammo locked up elsewhere and you have to shot at least four matches a year with the airgun as part of the 10 matches required to retain your handgun licence. Here in Victoria you have to shoot at least four matches with each category of handgun (airgun, .22 and centrefire) which means you might have to have 12 competitive shoots a year if you own handguns in all three categories. Since the handgun buy-back a few years ago we are restricted to .38 as max. calibre

[Russ]

@

[Jose Rossy]

Looks like Australia not perfect place either :(
How about New Zealand, any clue?
Russ

New Zealand is nearly as bad as Australia. Just about any place sucks compared to most of the United States.

If I posted a detailed list of what I can own and do (firearms and shooting related) without so much as a "by your leave" to the state (Ohio) and US federal governments, most of you guys in other countries would not believe me.

[Jim E]

"As a strict conservative I will not support any liberal interpretation of the Constitution's 2nd Amendment. Any American may keep arms provided they were manufactured prior to the enactment of thi Amendment to the U.S. Constitution." J. Roberts

[Jose Rossy]

"As a strict conservative I will not support any liberal interpretation of the Constitution's 2nd Amendment. Any American may keep arms provided they were manufactured prior to the enactment of thi Amendment to the U.S. Constitution." J. Roberts

Just what exactly are you talking about? Even if that quote is based on fact, I'm pretty sure it's been taken out of context. Could you provide a link to it?

[Jose Rossy]

"As a strict conservative I will not support any liberal interpretation of the Constitution's 2nd Amendment. Any American may keep arms provided they were manufactured prior to the enactment of thi Amendment to the U.S. Constitution." J. Roberts

Just what exactly are you talking about? Even if that quote is based on fact, I'm pretty sure it's been taken out of context. Could you provide a link to it?

I've done some looking into Judge Robert's position re the Second Amendment, and suffice it to say that him being on the Brady Campaign's hit list tells me all I need to know.

[Jim E]

Go back an *carefully* read the message.

J. Roberts does not in itself mean Judge Roberts as you have inaccurately assumed.

As the Pilkguns motto goes...Some people shoot 10's, some people just pull triggers.