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Thread: BB Guns?

  1. #1
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    I briefly searched for this on VSP and this forum.

    Is a bb gun considered a firearm? Would you get charged for discharging a firearm in city limits (Virginia Beach) for shooting a bb gun in your backyard? What if you had it tucked in your waistband is that considered a concealed weapon?

    Just looking to see what the regs are so the kids will not get into trouble while shooting cans/targets in the yard.

    Point me in the right direction please.

    Thank you


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    No idea about shooting them in Va. Beach.
    I know that they are not considered concealed weapons as YET.
    My delegate (D. Marsden) has just introduced a bill, at the behest of Fairfax County PD, he said, that makes any bb/airsoft gun propelling above 250 ft/sec a part of § 18.2-308 (HB 2227)
    Please fight it:
    http://www2.vcdl.org/cgi-bin/wspd_cg...09-HB1910-2418

    I like the guy, though he's an anti, for the MOST part. I did lobby him to add a provision excluding any gun w/ an orange muzzle, as that wouldn't scare anyone w/ an IQ higher than 60. He didn't seem into it.

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    Regular Member wylde007's Avatar
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    Maybe he didn't fit your target demographic?


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  4. #4
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    ufcfanvt wrote:
    No idea about shooting them in Va. Beach.
    I know that they are not considered concealed weapons as YET.
    My delegate (D. Marsden) has just introduced a bill, at the behest of Fairfax County PD, he said, that makes any bb/airsoft gun propelling above 250 ft/sec a part of § 18.2-308 (HB 2227)
    Please fight it:
    http://www2.vcdl.org/cgi-bin/wspd_cg...09-HB1910-2418

    I like the guy, though he's an anti, for the MOST part. I did lobby him to add a provision excluding any gun w/ an orange muzzle, as that wouldn't scare anyone w/ an IQ higher than 60. He didn't seem into it.
    I filled out the form for you

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    In general terms, the Code of Virginia describes a firearm as: "....any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material..." [18.2-308]

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

    Local jurisdictions may choose to describe a firearm differently, and yes, that brings about the entire preemption discussion. However, that hasn't seemed to stop some local jurisdictions from enforcing their own brand of law.

    Keep in mind that brandishing or otherwise using a BB gun, toy, etc., to threaten harm to someone is still considered a crime, and that implement will be treated like a firearm if that is how it was intended to be used.

    Otherwise - my vote would be NO... a BB gun is not a firearm.



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    Thank you! I know back in the day someone called on us and the cop was a real a$$. He told us he could get us for discharging a firearm with in the city limits. I just could not find anything really on the VSP website..

    Could co2 pellet guns be considered combustible??? It is all probably up to the officer responding to the call!!!

    Thanks again







    reason for editing...remembered the co2 ?

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    Chkultr wrote:
    Could co2 pellet guns be considered combustible???
    The energy thatmakes a CO2 pellet gun work, is the pressure. I do not believe CO2 by itself, is flammable and therefore, not combustible.



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    Thanks

  9. #9
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    Armed wrote:
    In general terms, the Code of Virginia describes a firearm as: "....any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material..." [18.2-308]

    Funny thing too, gunpowder in a casing doesnt really explode - it burns at an extremely rapid rate. Sooo fast that it seems like an explosion.
    James Reynolds

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    I'm thinking of Chevy Chase and John Candy and Clark's BB gun with the price tag still attached.

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    Chkultr wrote:
    I briefly searched for this on VSP and this forum.

    Is a bb gun considered a firearm? Would you get charged for discharging a firearm in city limits (Virginia Beach) for shooting a bb gun in your backyard? What if you had it tucked in your waistband is that considered a concealed weapon?

    Just looking to see what the regs are so the kids will not get into trouble while shooting cans/targets in the yard.

    Point me in the right direction please.

    Thank you
    Need to check with local Gov. My town has a local ordinance about discharge of BB guns.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    by action of an explosion of any combustible material

    The argument could be made that air itself is a combustible material...

  13. #13
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    zoom6zoom wrote:
    by action of an explosion of any combustible material

    The argument could be made that air itself is a combustible material...
    Where is Mr. Wizard or Bill Nye the science guy when we needthem?


    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  14. #14
    Activist Member Wolf_shadow's Avatar
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    ProShooter wrote:
    zoom6zoom wrote:
    by action of an explosion of any combustible material

    The argument could be made that air itself is a combustible material...
    Where is Mr. Wizard or Bill Nye the science guy when we needthem?

    Bill Nye is on the Green channel doing a show called Stuff Happens!
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    Depends on what you are doing with the BB gun.

    There are a few charges I saw in the VA laws where it can get you in trouble with the law for using it as if it were a firearm.

    But I suspect it is NOT a firearm as nothing burns or is combustible.

    Sring action or compressed air causes the BB gun to fire.

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    i know in fairfax county i used to shoot bb guns and my old slingshot in my backyard until i was informed it was illegal unless you have more then five acres and until a ricochet hit my neighbor who had no issue with this got hit in the side of the head while grilling still had no issue just asked that i not do it while his kids were outside



    p.s. sorry about the grammar and punctuation i was nev and will never be an english major

  17. #17
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    Nothing in the preemption statute prevents a locality from restricting the DISCHARGE of firearms or non-firearms.
    See http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915

    Meanwhile - from http://www.municode.com/Resources/ga...122&sid=46
    Sec. 38-3. Discharge of firearms, air guns, etc. (a)It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North Landing Road to Indian River Road; thence eastwardly along Indian River Road to New Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions: (1)On land that is fifty (50) acres or more of contiguous area, or less than fifty (50) acres of contiguous area south of the trace of the line beginning at the intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary line; thence northeastwardly along Elbow Road to Salem Road; thence southeastwardly along Salem Road to North Landstown Road; thence northeastwardly along Landstown Road to Princess Anne Road; thence southeastwardly along Princess Anne Road to Sandbridge Road; thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; and (2)Under one (1) ownership; and (3)Used primarily for agricultural purposes; and (4)The landowner has applied for an annual permit from the city manager to use his property for this purpose, which permit shall be granted by the city manager if the applicant meets the requirements of this section; and (5)The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises; and (6)All permits shall expire on the next June 30 after the date of issuance. (b)Notwithstanding the provisions of subsection (a)(4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety. (c)It shall be lawful to discharge firearms of .22-caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than .22-caliber any place within the city; provided, however, that muzzleloading rifles using a charge of black powder or black powder equivalent may be used to hunt deer during the open season prescribed therefor by the Department of Game and Inland Fisheries south of the trace of the line described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains of black powder or black powder equivalent. (d)Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle or pistol from, on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits. (e)The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event. (f)Nothing in this section shall be construed to prohibit the discharge of firearms and other weapons by law enforcement agencies and military forces in the city as part of authorized training or in the performance of their duties. (g)A violation of any provision of this section shall constitute a Class 1 misdemeanor. (Code 1965, § 38-2; Ord. No. 1107, 10-20-80; Ord. No. 1220, 9-14-81; Ord. No. 1332, 9-27-82; Ord. No. 1622, 9-15-86; Ord. No. 1624, 9-29-86; Ord. No. 2525, 4-6-99) State law references: Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or public places, §§ 18.2-280, 18.2-286.

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    It depends on where you are in Virginia Beach. They designate an area where discharge of air guns and slingshots are prohibited. You'll need a map to figure it out....

    You can find the complete section here:
    http://www.municode.com/resources/ga...122&sid=46

    ========================

    Sec. 38-3. Discharge of firearms, air guns, etc. (a)It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North Landing Road to Indian River Road; thence eastwardly along Indian River Road to New Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions:

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    I really appreciate all the information. I knew I came to the right place.

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    Air is not flammable, and CO2 actually puts fires out, so not flammable either.

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    'tis true that "air" promotes combustion but it is equally true the CO2 extinguishes flame at a rate greater than air promotes it.

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    ProShooter wrote:
    Armed wrote:
    In general terms, the Code of Virginia describes a firearm as:* "....any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material..."** [18.2-308]

    Funny thing too, gunpowder in a casing doesnt really explode - it burns at an extremely rapid rate. Sooo fast that it seems like an explosion.
    There is no quantitative definition of an explosion. Burning gunpowder is just a chemical reaction. At what speed is a reaction considered an explosion? There is a continuum of reaction rates.

    I would consider burning gunpowder an explosion, because I've arbitrarily decided that it reacts fast enough, and generates enough energy in a short enough period. I'll bet a jury would too.

    The release of pressure (action of an explosion) generated by the reaction (of a combustible (meaning it burns - i.e. reacts with oxygen) material) meets the qualitative definition of explosion.

    amentment2 wrote:
    tis true that "air" promotes combustion but it is equally true the CO2 extinguishes flame at a rate greater than air promotes it.
    http://en.wikipedia.org/wiki/Le_Chatelier's_principle
    Sic Semper Tyrannis

  23. #23
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    It's not a "firearm", but it is a "gun"; but in Virginia, a rubber band stretched between your fingers like a slingshot, with a paper wad for ammo constitutes a "gun". I was in the clerk's office of a local circuit court once, where they were having trouble with a big, heavy duty stapler. They'd cleared the jam and were shooting staples into a trash can to test it as I was standing there. I reported them to the deputy sheriff standing nearby for the crime ofpossession of a "gun" in the courthouse. That was a joke, of course, and everybody thought it was funny, though it was technically correct, and in theory, each of those three deputy clerks could have gone to jail for twelve months.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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