Youngster BB question :)

[ivj]

Hey everyone!

Me and my friend bought ourselfves some BB guns a few days ago, to shoot some cans in our back yard. Prior to that, my friend's mom called the fire department to ask them if it was legal to do that, and they said it's all good as long as its within your fenced property.

So after a few hours of fun, a cop shows up at my door, telling us that neighbors called. We said but it's all legal, we're within our property, we asked fire dept. But he said that it's illegal to discharge a firearm of any kind within the city limits, and if we do it again, we gonna have to go to court.

I am not sure what to do. I am guessing the best thing to do is call up that fire dept and have them mail me a document that states the law that allows shooting BBs within your own back yard. But I wanted to ask you guys first.

BTW I live in Federal Way, WA.

 

[Number 6]

Who in their right mind:

1. Calls the FIRE department for legal advice, then

2. Expects said fire department to "mail me a document" contradicting the police?

 

[Rich Lucibella]

Number 6:
This is obviously a younger person (or something else ). Slack, please.

ivj:
A BB gun is usually not considered a firearm.
You're gonna have to have Mom or Dad check your local laws about this, by calling the Police and asking for the law that makes it illegal.
Rich

 

[Quartus]

A BB gun is usually not considered a firearm.

Rich, I don't know about WA, but I do know in Kalifornia there are many CITIES which consider a BB gun to be a firearm.

As always, gotta check those local laws.

Nice place you live in, ivj. I've got friends there. Rich has given you the best advice - have your parents check with the police.

 

[Number 6]

This MIGHT help,

although a BB gun in the back yard is hardly a CCW issue.

http://www.packing.org/state/index.jsp/washington/

I'd check the local ordinances, which are a likely problem.

 

[Rich Lucibella]

Okay-
I just had to check. From the Federal Way Municipal Code:

6-137 Unlawful use of air guns – Penalty.

(a)*It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.

(b)*As used in this section, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(c)*Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons. (Ord. No. 91-89, § 1(9.20.020), 3-5-91)

Specific reference to State Law definitions is cited in Federal Way Code. A BB gun is not an firearm:

RCW 9.41.010
Terms defined.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

**** (1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

The only thing I can see they might rely on is below, though I'd have to believe the specific Air Gun Clause, first cited, is the controlling ordinance.

RCW 9.41.270
Weapons apparently capable of producing bodily harm -- Unlawful carrying or handling -- Penalty -- Exceptions.

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

**** (2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

**** (3) Subsection (1) of this section shall not apply to or affect the following:

**** (a) Any act committed by a person while in his or her place of abode or fixed place of business;

**** (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

**** (c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

**** (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

**** (e) Any person engaged in military activities sponsored by the federal or state governments.


[1994 sp.s. c 7 § 426; 1969 c 8 § 1.]

 

[Quartus]

Good stuff, Rich. Wouldn't be the first time cops were wrong about the law.

 

[Kirk Keller]

Never mind, Rich had it pegged were I to have read his post... duhr.