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Law Brands BB Guns Firearms, Not Toys (OH)

Josey1Josey1 Member Posts: 9,598 ✭✭
edited May 2002 in General Discussion
Law Brands BB Guns Firearms, Not Toys








AP
Daisy model 856 and 880 Powerline Airguns
Tuesday, May 07, 2002

NEW YORK - "Be careful or youOll shoot your eye out," is the strongest warning most youngsters hear when playing with BB guns.


But a law passed in Cleveland on Monday classifies the guns as weapons, and mandates only adults can own them. The measure, passed by the Cleveland City Council, also bans the guns from public places across the city.

Councilman Mike Polensek proposed the law last year after 13-year-old Raymond Bozak was killed by a BB air rifle in a drive-by shooting. State Rep. Ed Jerse has proposed a similar one for the state.

"I don't think any of us could even imagine the damage this type of weapon can do," Polensek said to The Plain Dealer of Cleveland. "This is no longer a little pea shooter. These kill, and it's proven they kill."

The 19-year-old who fired the air rifle shot that killed Bozak pleaded guilty in March to involuntary manslaughter and endangering children. He was sentenced to six years in prison.

A similar ordinance passed earlier in the year in Alpharetta, Ga., a suburb of Atlanta, has outlawed the use of BB guns, pellet guns and paint guns for children under the age of 16.

Supporters say kids have been roaming the neighborhoods, killing cats and maiming each other with the so-called toys. But detractors complain this is just another step closer to a total "nanny state," where the government tells its citizens how best to run their lives.

Jim Matoney, an Alpharetta City Councilman who introduced the ordinance, said he has no problem with parents allowing children to play with BB guns in their own backyards or at licensed facilities.

"If the damage is only being done within their own household, thatOs one thing. ItOs another thing for parents to let their kids go out of the yard and shoot the guns in the neighborhood," he said.

Opponents to such laws say the Alpharetta council has stepped beyond its purview in trying to legislate good parenting.

"My response is, a BB gun is to a real firearm, as a pencil is to a knife," said Colorado State Rep. Mark Hillman, who recently failed to get a bill passed easing the designation of BB guns as a "deadly weapon" after a boy caught with one had to serve several days in jail before pleading to a lesser charge.

In most states, BB guns, pellet guns and paint ball guns are not considered firearms because they use carbon dioxide cartridges, springs or pump action to shoot projectiles through compressed air.

In October, the U.S. Consumer Product Safety Commission filed a suit against the Daisy Manufacturing Co., which has produced the Model 856 and Model 880 BB guns since 1972. The agency says both models are defective and are responsible for at least 151 serious injuries and 15 deaths. That suit is still pending.

The commission also claimed that in 2000, 17,896 injuries related to the use of gas, air or spring-operated guns were reported.

Pat Bratton, a member of the Single Action Shooters Society and the Libertarian Party of Georgia, agrees these types of guns aren't taken seriously enough. But he doesn't think more laws are the answer.

"I certainly don't think that either paint ball or BB guns should be an object of legislation, but a public awareness of proper safety when using these devices is justified," he said.

The National Rifle Association has refused to take a public position on the issue, but Hillman says the debate is more than just the role of government in restricting Second Amendment gun rights.

"I think itOs the paranoia of the nanny state liberals who are concerned that anything that could conceivably look like a gun is dangerous. ItOs the mindset that the state has to protect everyone from themselves," he said.

http://www.foxnews.com/story/0,2933,52192,00.html



"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878

Comments

  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    A BB gun is by defination, not a firearm.
    Of course then again what is an "Assualt Weapon".
    Again facts are ignored, laws are ignored, by mindless politicians.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
  • Ronald J. SnowRonald J. Snow Member Posts: 1,346 ✭✭✭✭✭
    edited November -1
    In the State of Maine, a firearm is defined as follows: "Firearm" includes any instrument used in the propulsion of pellets, shot, shells, or bullets by action of gunpowder, compressed air or gas exploded or released within it.
  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    How can it be a firearm when there's no fire?

    Might as well call crossbows firearms. They're more dangerous than bb's by far and they don't use gunpowder either.

    These people had a brain fart (excuse the french) when they came up with this concept. Were they too lazy to write some more precise legaleze?

    - Life NRA Member
    If dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    Most Daisey BB guns that I have taken apart use a spring and plunger to (strike)propell the BB. No compression of gas.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
  • Ronald J. SnowRonald J. Snow Member Posts: 1,346 ✭✭✭✭✭
    edited November -1
    Alpine: try this site www.air-rifle.net and click onto Three Basic Types of Air Guns. This gives a good picture of what is out there. The "BB" guns I knew back whenever were low powered Daisy "Red Ryder" guns that used a single cocking of the lever. I have had a gun related business for the past twenty-one years and have sold only one of the "Red Ryder" style in that time. The majority of "BB" guns sold are the Daisy Pump-Up and they use air to propel the projectile and velocities approach or surpass the 800fps mark. In my personal opinion these are as dangerous as any other firearm and they are treated as such when sales are made in my store. I do not agree with legislative action to regulate these arms; however, I think they should be taken seriously by their owners/users and instruction of safe handling should be no different than that for cartridge arms. These are my personal opinions.
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