Court ruling makes Minnesota latest state to call BB gun ‘firearm’

by Cody Derespina |  |  published on September 30, 2015

Perhaps if Ralphie had been told his Red Ryder BB gun was legally considered a “firearm” in some states, he wouldn’t have had to be told “you’ll shoot your eye out.”

It turns out the spring air action pellet gun so sought after in the holiday classic “A Christmas Story” is considered far more than a toy in the eyes of the law. Case in point: Minnesota, where the Court of Appeals ruled on Monday to uphold the conviction of David Lee Haywood for possession of a “firearm” – in this case a Walther CP99 Compact .177-caliber BB gun.

Haywood wasn’t allowed to own a handgun after a 2005 felony drug conviction, so he was sent back to prison after cops found the BB gun in his glove compartment during a 2013 traffic stop. Haywood argued that a BB gun wasn’t a firearm. The Minnesota statute uses the word “firearm” but never defines it, so Haywood said the accepted definition of “firearm” should apply: a weapon that features a projectile fired by gunpowder. That’s far different from the operation of a BB gun, which uses no gunpowder to expel its shell.

  • mousekiller

    Ok so their view on this BB gun ” firearm” fiasco. . BB gun is now in the class as a 357 , 22, 45, 308. 12 ga 410 ga and the list goes on. . I have trouble understanding their thought process unless. !. it was to only prosecute a former prisoner and the private run prison needs more money.. .Or 2. as happening around the country the law enforcement really has no clue to what the law is and instead of admitting to making a mistake changes the law to suit the arrest. Such a threat it presented a BB gun. Look out he may shoot out your eye. Didn’t happen as a kid so maybe it will now as an adult.
    Jeeze lueeze and these kinds of people are elected and or appointed to the job? How stupid and it is public and they still keep their job. What is happening to America? Where did common sense go.?

  • Debbie

    Well I guess they want have to worry about a child getting his eye shot out. Will this ever stop. I think people have gone to the deep end and jumped off.

  • Stupid is as Stupid does and these Leftist Loons make me want to vomit! Try this with Patriots of a Red State, like Texas or Oklahoma, where Common Sense reigns, instead of mush for brains, like in Minnesota and elsewhere.

  • TexRancher

    What’s next? A felony for owning a slingshot? I hope these idiots don’t try to bring their dictatorship to Texas! What part of “Shall not be infringed” do they not understand? Taking guns away from Texans could be a very dangerous operation.

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