Re: Silencer on air guns?
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Attila The Hun</div><div class="ubbcode-body">I found this:
........ U.S. Code specifically prohibits any federal, state or local municipality from declaring an airgun to be a firearm. .....</div></div>
I have never heard of such a law. I would like to see it in print. The only thing I could find was a reference in TITLE 15 > CHAPTER 76 > § 5001 Penalties for entering into commerce of imitation firearms
Where it exempts paint-ball and air guns from the mandatory marking with a blaze orange plug at he muzzle. It further presevents states and municipalities from preventing the sale of such things.
It does not prevent those things from being "firearms" or treated as firearms insofar as various municipal or state firearms laws. i.e. a city can cite you for firing a firearm within the city limits if all you are using is an air-gun, if they pass such a law.
Denver classifies airguns as firearms. As do many places. In fact, the way the RMC in Denver was written, even a paintball gun was a firearms.
Missouri, and the city in which I live, on the other hand has two definitions:
"Firearm", any weapon that is designed or adapted to expel a projectile by the action of an explosive;
and
"Projectile weapon", any bow, crossbow, pellet gun, slingshot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person;
Even though a projectile weapon is not a firearm, it is still treated as such in certain cases:
<ul style="list-style-type: disc">[*]Possesses a firearm or projectile weapon while intoxicated; or[*]It shall be unlawful for any person within the limits of the City to shoot or discharge any crossbow, sling, wrist rocket gun, revolver, air rifle, air gun, pellet gun, pistol, or taser, or firearm of any description or any other weapon that is designed or adapted to expel a projectile whether ball or any kind of explosive whatsoever or electrical current; [/list]
So, it all comes down to Federal and local laws. Assume nothing.
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Here are the 2 pertinant paragraphs in the US Code I mentioned above:
(c) “Look-alike firearm” defined
For purposes of this section, the term “look-alike firearm” means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. <span style="font-weight: bold">Such term does not include </span>any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898,<span style="font-weight: bold"> or traditional B–B, paint-ball, or pellet-firing air guns </span>that expel a projectile through the force of air pressure.
and
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section <span style="text-decoration: underline"><span style="font-weight: bold">shall supersede any provision of State or local laws or ordinances which provide for markings or identification</span></span> inconsistent with provisions of this section provided that no State shall—
(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B–B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.