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Airgun / Pelletgun - is this a firearm?
- Thread starter Duxman
- Start date
If there's nothing in the laws in your area stating that it IS, then it's not.
I've lived in at least one city that defined airguns as firearms which meant that it was illegal to discharge them in city limits.
I've never heard of a county or state doing that, and it's not terribly common even in cities.
By pure definition, an airgun is not a firearm, but laws are made by people and sometimes people try to redefine things to accomplish their own purposes.
If I had to guess, I'd say you're safe. By the way, I'll bet that law on firearms discharge is worded a bit more specifically than you think. A countywide law against firearms discharge would almost certainly have to make exceptions for shooting ranges, legal hunting, etc. I'd give it a read to see exactly what it says.
I've lived in at least one city that defined airguns as firearms which meant that it was illegal to discharge them in city limits.
I've never heard of a county or state doing that, and it's not terribly common even in cities.
By pure definition, an airgun is not a firearm, but laws are made by people and sometimes people try to redefine things to accomplish their own purposes.
If I had to guess, I'd say you're safe. By the way, I'll bet that law on firearms discharge is worded a bit more specifically than you think. A countywide law against firearms discharge would almost certainly have to make exceptions for shooting ranges, legal hunting, etc. I'd give it a read to see exactly what it says.
The Virginia Code is online and searchable.
http://leg1.state.va.us/000/src.htm
http://leg1.state.va.us/000/src.htm
Spotted Owl
New member
As far as the BATFE is concerned, they are not. Therefore, silencers and full-auto is legal for airguns without having to follow the NFA regulations.
Sir William
New member
A pellet/air/gas discharged projectile is a deadly weapon by definition in Kentucky. We got our laws from Virginia. I suggest you call the state police and ask.
Where is that mention?
The only thing I've been able to find so far is brandishing and threatening with an airgun under 18.2-282, and C excludes airguns from the meaning of the term "firearm:"
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C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
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The only thing I've been able to find so far is brandishing and threatening with an airgun under 18.2-282, and C excludes airguns from the meaning of the term "firearm:"
===
C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
===
§ 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.
A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.
B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges or on other property where firearms may be discharged.
C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
D. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
E. As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2004, c. 930.)
A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.
B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges or on other property where firearms may be discharged.
C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors.
D. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use.
E. As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
(2004, c. 930.)