is an air rifle an "other deadly weapon"

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  • BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    2,317
    Baltimore
    Montgomery County:
    "Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is
    designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic"

    Black powder revolvers are guns/firearms in MoCo. Nerf guns are too.
    MoCo statute is ineffective because State law preempts the Co from contradicting State Law.


    By that definition, a slingshot is a "firearm."
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    34,061
    18 U.S.C. § 921(a)(3), 18 U.S.C. § 921(a)(3)(A) and 26 U.S.C. § 5845. However, the term “firearm” does not include an antique firearm (18 U.S.C. § 921(a)(3)(B)). So my point is it is best to check all the laws.


    Most of us know this . The thread is discussing if / when they would be considered as a Non Firearm Dangerous/ Deadly Weapon . Such as , but not limited to in regards to 4- 101 .

    We don't live in MoCo. The state definition of "firearm" applies to us. Air rifles are not "firearms" in our county.

    But it appears they are likely to be considered as deadly weapons (even if nobody has shown a case of it yet), so we are treating the restriction as if it would apply.


    I won't attempt to unpack all the points put forth by Yehall , but he does frame the question.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    34,061
    MoCo statute is ineffective because State law preempts the Co from contradicting State Law.


    By that definition, a slingshot is a "firearm."


    MoCo here doesn't * Contradict * State Law or preemption thereof .

    State preemption on Firearms doesn't prevent a locality from addressing NON Firearms.
     

    Objee

    Active Member
    Oct 3, 2013
    631
    Air rifles can generate pistol type power, 600 to a thousand foot pounds.

    Perhaps you are confusing "feet per second" (muzzle velocity) with foot pounds of energy (muzzle energy).

    A 6.9 grain .177 caliber pellet moving at 1,150 fps generates ~20 ft lbs of energy. A 14.3 grain .22 caliber pellet generates ~26 FPE.

    Compare to a 158 grain .357 Magnum pistol bullet at 1,250 fps which generates ~548 FPE.

     

    smdub

    Ultimate Member
    MDS Supporter
    Nov 14, 2012
    4,770
    MoCo
    Perhaps you are confusing "feet per second" (muzzle velocity) with foot pounds of energy (muzzle energy).

    A 6.9 grain .177 caliber pellet moving at 1,150 fps generates ~20 ft lbs of energy. A 14.3 grain .22 caliber pellet generates ~26 FPE.

    Compare to a 158 grain .357 Magnum pistol bullet at 1,250 fps which generates ~548 FPE.


    No, he means FPE. Big air rifles come in 9mm, .458, .50, .58, and .72 caliber (among others.)
    The Umarex Hammer makes 700FPE with a 550gr pellet for example. There are ones that can deliver WAY more than that too. The really big boys are using compressed Helium instead of plain air.

    Get your weak 357 Magnum out of here :P
     
    Last edited:

    Bountied

    Ultimate Member
    Apr 6, 2012
    7,500
    Pasadena
    I shot a squirrel last night. He's been setting off my ring cam running around the driveway and annoying me. I came out with my rifle and that bastard sat there asking for it. Foxes gotta eat too. I have a powerful .22 springer that is lethal. I'm pretty sure you could kill a person with a well placed shot. I treat air rifles like regular firearms as should everyone. Know what's beyond your target and all that, I try not to shoot them up in the trees in case I miss. Also just do it, I've been shooting squirrels in the yard since I was 14. Never had an issue but I don't let my neighbors see and I don't talk about it much except for right now. Discretion...
     

    Vic

    Ultimate Member
    Jul 2, 2010
    1,487
    Whiteford, MD
    SMDub is right. I have a 45 texan with the improved valve that generates 600 fpe. I've shot deer, pigs and turkeys.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,894
    • Safety Zones: It is illegal to hunt, shoot or trap wildlife within 150 yards of any building or camp occupied by human beings without permission of the owner or occupant. For archery hunters this distance is 100 yards in Anne Arundel County and 50 yards in Allegany, Calvert, Carroll, Cecil, Frederick, Garrett, Harford, Montgomery, St. Mary’s, Washington, Wicomico and Worcester counties. In Harford, archers must use a tree stand when hunting between 50 and 100 yards of any building or camp occupied by human beings. In Howard County, the safety zone for anyone using archery equipment while operating under the authority of a Deer Management Permit or participating in a Managed Hunt Program administered by the County is now 50 yards. In Montgomery and Washington counties, archers must be in an elevated position when hunting between 50 and 100 yards of any building or camp occupied by human beings.
      • A person may not shoot at any wild bird or mammal while it is within the safety zone.
    Right from MD DNR regs. You CAN target shoot with an air rifle in your county, if your county does not otherwise regulate air rifles. In fact, you can target shoot with a firearm in your county if the county does not regulate the discharge of firearms. Some counties do NOT have a safety zone for firearms at all.

    But MD DNR regulates HUNTING with weapons statewide. It does not matter what the weapon is with the sole exception of archery.

    Several counties further restrict weapons and firearms discharge. Howard county for example is 300 yds from the ground for any firearm from any occupied dwelling without the permission of the occupant, and like MoCo, defines a firearm as anything discharged from a barrel by any means. Nerf guns included. It can be 150yds from a tree stand. Howard county further restricts ANY target shooting, no matter the distance from an occupied dwelling, FU very much, to only licensed ranges (licensed by the county). The only exception to that in HoCo is a basement shooting range (Which is not defined) or in defense of life or property (again, don't try to argue with the nice county officer or NRP that shooting squirrels with your pellet gun was defending your bird feeders. That is likely not going to be a winning argument). That later exception generally applies to both state DNR regs and laws on safety zones as well as county based safety zones established by ordinance.

    So if you hunt with a pellet gun or air gun, you've gotta be 150yds from occupied dwellings unless you have permission of the owner or occupant. If you are target shooting, it'll depend on the county. Carroll doesn't give 2 craps about it any, you can plink with your air gun behind your townhouse if you aren't in one of the incorporated towns (see your town ordinances if it is restricted in the town/city, which MANY/most incorporated towns/cities in MD do restrict the discharge of firearms, including air guns, within their boundaries).

    With all of it, know thy neighbor. If you neighbors are cool about whatever, you aren't getting reported. If a neighbor isn't cool about it, well they are going to make your life miserable.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,894
    MoCo statute is ineffective because State law preempts the Co from contradicting State Law.


    By that definition, a slingshot is a "firearm."
    State law allows counties and cities to regulate the discharge of firearms within their boundaries. It is not pre-empted by state law. Just adding that on to what Bigfoot44 was saying. Most other 2A laws in the state are pre-empted by MD law.
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    18,005
    Damascus. MD
    I would not be suggesting that you are shooting squirrels out of season, without a hunting license, and using illegal means on an open forum. In fact, those that did should edit their responses. Countless people get screwed doing this on social networking sites.

    FYI: Montgomery County regulation.

    Gun or firearm: Any rifle, shotgun, revolver, pistol, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.

     

    outrider58

    Loves Red Balloons
    MDS Supporter
    Uh oh...

    rat.jpg


    groundhog2.jpg
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    10,242
    MoCo
    "And how many times did you shoot the intruder?"

    "Well, my BB gun holds 50 BBs and I shot them all."
    Reminds me of the time Polk County, Fla. Sheriff Grady Judd, when commenting on why officers fired as many shots as they did at murderer Angilo Freeland, said "I suspect the only reason 110 rounds was all that was fired was that's all the ammunition they had," Judd said. "We were not going to take any chance of him shooting back." Officers scored 68 hits.
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,859
    AA county
    In many Maryland jurisdictions, mostly Liberal ones, anything that propels a projectile by gas, air or gunpowder in considered a firearm/weapon.

    Just because a BB/pellet gun can be bought at Wal-Mart over the counter doesn't mean it's legal to use everywhere.

    Be careful.

    PS: Bothers me that Sean Hannity is pushing his new Less Than Lethal pistol by saying it can be purchased everywhere without a 4473 or a background check. All of that is true. But it doesn't mean they're legal to carry everywhere. A tad misleading.
    I propel projectiles by gas, does that make me a deadly weapon?

    On course this is Maryland where two hotdogs connected by dental floss is nunchaku.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,442
    Well its legal to play baseball but hit someone in the head with it on purpose its assault with a deadly weapon. Its just another wonderful maryland law that allows the police and DA to try to charge you with something they dont like. There are a few cases of felons in maryland getting charged with carrying a deadly weapon, aka a loaded BP pistol. They tried to argue that a BP pistol was not a gun, the DAs agreed and said it was a deadly weapon which felons are also not allowed to carry. Then its up to the jury to decide if the baseball bat/ BP pistol/ knife / chain / screw driver qualifies.
     

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