BB Guns Difined.

[TwistedKarma]

   I was reading for something else, when I came on this,  Kenjuan Congo was convicted of using a bb/pellet gun for robbery,  they concluded it was  a firearm.

  Now, this opens up a large number of what if's ..   
What size was it?
Delaware law prohibits anything larger than a bb.   The dont' say the size in the law, then you look up in the dictionary, 

BB defined as bearing not larger than .177.
So if he was lawfull in owning a .177 and they are classifying it as a firearm, than discharging rules will apply for all you kids , growups. 

Now the fudged up part.
  Many airguns have suppressors on them, atf does not reconize this as a problem.
But if It is now classified as  a firearm, then that is a __ year trip , with food and uniforms supplied.?
  another side, if it is  a firearm, then by the law, you can now own a .25 or a Beowulf air gun,  you will have to ffl it tho.

Hermans sporting goods sold thousands of Sheridan air guns (.20 cal) over the  years, ? To this day you can order a .20 cal from most gun stores, and get it in. 

[Moosie]

If someone uses a water gun to rob someone, it's the same... same with the guy with his finger in his pocket making his victim think it's a gun.  If you make someone think you have a firearm during the course of a felony...  yup, you're getting charged with it. 

As for supressors on airguns....  http://www.pyramydair.com/article/Airgun_silencers_What_s_the_big_deal_August_2006/32

Moosie

[Hawkeye]

The issue in this case seems to be that a pellet gun is defined as a firearm where a BB gun is not. The BB/pellet gun in this case was described as a hybrid and therefore fell under the law as it applied to a pellet gun.  

As defined in Section 222(12), “‘firearm’ includes any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include a BB gun.”

The argument here is that a pellet gun shoots by mechanical means (pumping air into the chamber to build up pressure) and is not excluded as is a BB gun.

To the extent the Court had any question regarding the meaning of the statute, the Court need look no further than the legislative history to discern the intent of the General Assembly. The Second Amendment to Senate Bill 13 deleted the phrase “or Compressed Air Pellet Gun” from the exceptions to the definition of “firearm” contained in Section 222(12), leaving BB guns as the only guns excepted from the definition.22 The legislative intent is further clarified by the synopsis that follows the amendment, which states: “This Amendment will include Compressed Air Pellet Guns within the definition of ‘firearm.’”23 If the General Assembly had intended to continue to exclude compressed air pellet guns from the statutory definition of “firearm,” it would not have removed that exception from the statute.

You can read more here:
http://courts.delaware.gov/OPINIONS/download.aspx?ID=137870

[TwistedKarma]

 Hawke , I understand how the prosecution projected the way  a pellet gun is operated.

Me and you both know, BB guns also are mechanical, I believe only a blow gun is not a mechanical device.   

Bows, I would say not.  Crossbows, I would say mechanical.  Wheels and trigger.
  I believe the defense did not challenge the prosecution properly, they never asked to describe how  a BB gun gets it energy.

I do believe that he got what he deserved, by what Moosie said, If you want people to believe it is  a firearm, then you will get the law againts you about using one.
 
In the Delaware portal, It describeds a dangerous weapon, It excludes BB guns or ones that fire the same size slug.     So, the defense did not find this law and use it to show that BB guns can fire the same size slug under exclusion of Dangerous weapons. 

 Now the confusing part, If they still have this law about Dangerous weapon, but also list Air powered rifles as Firearms. ?

What Are those thousands of Sheridan Blue Streak .20 cal pump guns considered?
Hermans sporting goods sold tons of them .
Dangerous weapons also list any ammo for them..  If any one is going to Dicks soon, please check to see if they have .20 ammo on their shelf.  I'll list if I find out.
A person is guilty of unlawfully dealing with a dangerous weapon when:

(1) The person possesses, sells or in any manner has control of:

a. A weapon which by compressed air or by spring discharges or projects a pellet, slug or bullet, except a B.B. or air gun which does not discharge or project a pellet or slug larger than a B.B. shot; or

b. A pellet, slug or bullet, intending that it be used in any weapon prohibited by paragraph (1)a. of this section; or