Airsoft Ban Detroit?

I was looking at an airsoft gun, a P22, and when I clicked on the shipping info box, it said that it cannot be shipped to Detroit. IIRC, a 6mm airsoft meets the definition of a firearm under Michigan law, (cite please), therefore, the prohibition would be illegal under preemption. Correct?

http://www.basspro.com/Walther-P22-Clear-Soft-Air-BB-Pistol/product/101109/-1422972

28.421 (b) "Firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.

752.841 Firearms; definition.
Sec. 1.
For the purposes of this act the word “firearm” shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

If the airsoft "gun" is considered a firearm in Michigan, it would be covered under preemption. If they are considered to not be a firearm by the state of Michigan, it could he banned as Michigan state law does not preempt local regulation of replica firearms/ toy firearms.

That's what I'm getting at. Its a .22 cal, so even though its a smooth bore its a firearm.

It's Because Of These Guy's!!! :lol:[video=youtube;2lM9dqfnANw]http://www.youtube.com/watch?v=2lM9dqfnANw&feature=player_embedded[/video]

They must practice reloading a bit more than marksmanship.

I sent them the following Email.

To the Legal Department at Bass Pro Shops

I was looking at the Airsoft P-22 Walther, and clicked on the "important shipping notice" icon, and noticed a problem. It said that you cannot ship this item to the city of Detroit. This prohibition is contrary to the laws in the state of Michigan. I'll post the necessary cites below. An airsoft gun of this type and caliber is considered to be, by definition, a firearm in the state of Michigan. Michigan also has a law that preempts local units of government from making certain restrictions against firearms. The city of Detroit will fall under the definitions listed in the preemption law. This means, that the cities prohibition mentioned on your site is in violation of state law, and should be dealt with by your legal team. This is costing you at least, a little bit of money.

MCL 123.1102 Regulation of pistols or other firearms.

Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

MCL 752.841 Sec. 1.

For the purposes of this act the word “firearm” shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

MCL 28.421

28.421 (b) "Firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.


http://www.legislature.mi.gov/(S(cg...g.aspx?page=getObject&objectName=mcl-123-1102

http://www.legislature.mi.gov/(S(cg...eg.aspx?page=getObject&objectName=mcl-752-841

http://www.legislature.mi.gov/(S(cg...leg.aspx?page=getObject&objectName=mcl-28-421

Thank you for your attention to this matter, sincerely, Neil Carpenter

I do not have a cite handy but I am quite certain that airsoft pellets are not considered dangerous projectiles therefore airsoft "gun" is not a firearm in mi.

Do you need a purchase permit to buy one? No pp or ri60 required then it is not a pistol.

They will draw blood, they can blind a person, I fail to see how they arent dangerous, they wont sell them to kids either.

28.421 (b) "Firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.

Since its over .177, and spring operated, I can see it being a firearm.

I too considered the lack of a PP. but I had heard (hearsay) of certain stores requiring them. I think that its a typical .gov classic, of the right hand not knowing wqhat the left hand is doing.

I dont personally think that it is, or should be, a firearm, IMO, that is absurd. But legally, its a grey area, like OWB OC, or OC/bicycle w/o a CPL.

Then don't forget blow-guns, I mean they have gun right in their name.

Venator said:

Then don't forget blow-guns, I mean they have gun right in their name.

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So do cap guns, which I loved playing with as a child.

Damn! I forgot to register those two airsoft pistols I bought at Meijers -- and they didn't ask for my CPL, nor did they run a NICs check.

This means:

I'm in trouble...

OR...

Airsofts aren't firearms.

Cigarettes aren't gun but they won't sell them or butane to persons under 18.

stainless1911 said:

That's what I'm getting at. Its a .22 cal, so even though its a smooth bore its a firearm.

Click to expand...

Not necessarily. The MSP has stated that a paintball gun is not a firearm. I also recall seeing something to the effect the MSP does not consider airsoft a firearm and will not register them as firearms. If that is the case, then Detroit would not be violating the law. Do you have airsoft now? Did you register them? If you don't have an airsoft pistol right now, call your local pd and tell them you want to register one and see what they say.

Oh, the issue wasn't the barrel, it was that the fps of the projectiles were too low to be considered dangerous.

Ok.

Ive heard some pretty ridiculous gun control in my time, would anyone here really be surprised if airsoft became a target?

you'll shoot your eye out.

Nope "air soft guns" are not guns by legal definition. But yes they can be dangerous, so don't shoot yourself. And since they are not "real" guns detroit can ban them if they so choose to do so. And if shipping is an issue go to a local toy store or maybe an an army/navy surplus store and buy one. NBD you probably have more important things to worry about. :monkey









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I do, but had to poke the bear too.

Bass pro has a Walther P22 in stock, I want to get it for Eko. I have a P-22 in layaway for her, but I still need to get her muzzle control under control before I cut her loose with the real thing. I dont wanna get shot by anyone, but especially not an 8 year old. A full scale version of the exact gun Im getting her will make a perfect training aid. She's got everything else down, just still points the handguns at people, not the rifles though, which is odd, but whatever, she'll get it.

stainless1911 said:

I do, but had to poke the bear too.

Click to expand...

Ow! What did I do?:lol:

You stole my pickinik basket.:lol:

Stainless what would the forum do without you? Such lively and entertaining discussion topics! And stop pokeing the Bear! What did he ever do to you?

But if you must, then at least use this as a training senario! have the little one shoot the bear from a distance, because bears are only dangerous within arms reach!:lol: