Is it a weapon if it fires blanks?

I have been following the story of LA swat teams "Big weapon theft" online at police one. Today they said they have arrested two suspects. It starts out saying, "Not really Guns folks, they only fire blanks", on the other hand two guys get arrested for possession of "machine guns". Laws are different all over, so, help me understand this please.

In some cases and some jurisdictions a blank firing pistol is considered a weapon. If it's used to holdup a bank? If it's brandished?

So you'll need to be very specific. (Ain't weapons laws great? You need a portable lawyer to decipher them even if you know them).

MSG Laigaie said:

I have been following the story of LA swat teams "Big weapon theft" online at police one. Today they said they have arrested two suspects. It starts out saying, "Not really Guns folks, they only fire blanks", on the other hand two guys get arrested for possession of "machine guns". Laws are different all over, so, help me understand this please.

Click to expand...

Here's a related article to the particular case you are referring to:
http://losangeles.cbslocal.com/2011...nection-with-swat-training-facility-burglary/

My understanding is that the 'assault weapon' charges actually have nothing todo with the burglary.

In CA there are crimes for 'imitation firearms' (12550+ , 417.4, 171.5+) plus lots of municipal code violations.

Thank you, I can understand better.

Will it get you shot if you point it at a cop??

Blanks can and do kill people. They don't fire a solid projectile, but a lot of fast moving hot gasses emerge from the muzzle. Some people have been foolish enough to put guns to their temples and fire a blank, and have died.

Most states do not differentiate between items that fire a metallic projectile and items that merely cause the realease of gasses under pressure. Actually that is said backwards - most states changed their defintion of a firearm to include blank-firing devices as firearms.

The California AG goes into detail here http://www.scribd.com/doc/266160/Opinion-of-the-California-Attorney-General-981004 about how a "firearm" is defined under California law. Since the items stolen expelled a projectile (simunition pellet) they are defined as being firearms. Regarding your question of blank-firing devices -- my guess is that a prosecutor would posit, if blank-firing items were not specifically defined as being a firearm, that a blank ejects a projectile (the wad) and therefore meets the definition of a firearm.

Heads you lose, tails you lose.

My advice regarding California? Get away from there!

stay safe.

Badger Johnson said:

In some cases and some jurisdictions a blank firing pistol is considered a weapon. If it's used to holdup a bank? If it's brandished?

So you'll need to be very specific. (Ain't weapons laws great? You need a portable lawyer to decipher them even if you know them).

Click to expand...

If you have a wooden dowel in your pocket and claim that it is a gun during a robbery, you will be charged with "ARMED robbery" just as if you had a real gun.

With a blank pistol, the deception is even more realistic, so no problem at all in it being considered a weapon if used in an illegal activity.

Not according to my ex.