The Minnesota Supreme Court overturned the conviction of a felon sentenced to five years in prison for the possession of a small BB gun, ruling Wednesday that the air-powered weapon is not a firearm.
Though the decision vacates the conviction upheld by the Minnesota Court of Appeals, it is not broad-sweeping. The ruling only covers Minnesota’s felon-in-possession statues, not someone who chooses to actually fire it.
SNIP
The Supreme Court disagreed, arguing that the plain meaning of “firearm” does not include an air-powered BB gun. A firearm, it ruled, is defined as a weapon from which a shot is discharged by gunpowder. A BB gun can’t be defined in that way because it doesn’t use explosive force, according to court records.
The state Supreme Court added that regardless of the means of propulsion, “a BB gun is capable of producing death or great bodily harm. But that is arguably true of nail guns and other devices that use compressed air, as well,” wrote Associate Justice Natalie E. Hudson.
“Even so, the question of how to define a ‘firearm’ is best left to the Legislature.” she added.
So...the "fire" part of "firearm" is important...needed a Supreme Court to come to this conclusion.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
“Even so, the question of how to define a ‘firearm’ is best left to the Legislature.” she added.
So...the "fire" part of "firearm" is important...needed a Supreme Court to come to this conclusion.
Even more shocking is that she indicated that it is best to leave it up to the legislature to make laws instead of the court making something the way a particular judge wishes it would be. She'll never get a SCOTUS nomination from Hillary with that attitude!
“Even so, the question of how to define a ‘firearm’ is best left to the Legislature.” she added.
So...the "fire" part of "firearm" is important...needed a Supreme Court to come to this conclusion.
Even more shocking is that she indicated that it is best to leave it up to the legislature to make laws instead of the court making something the way a particular judge wishes it would be. She'll never get a SCOTUS nomination from Hillary with that attitude!
The problem arises when legislators are morons who do not specifically define "firearm" but do define "pistol" as including a weapon which expels a projectile by CO2 or other gases, like air, but excludes BB guns, but only if the caliber is .18 or less, which does not include the classic old .22 pellet gun. Take a look at the Minnesota statutes; they're ridiculous.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK Open carry is a First Amendment exercise.
