Ok for ex-felon to own pellet guns?

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  • RCB

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    My neighbor down the road has something ravaging his chickens and ducks. I know he can't have a firearm in his possession, but I would assume a pellet rifle would be ok? He thinks it's coyotes, but whatever it is, is watching for when he isn't there.

    I have a pellet rifle that could at least give most things an unpleasant zip. Unfortunately, since the poultry is free ranging, traps are out.

    Anyhow.. is there any laws anyone is aware of that would prevent me from giving him a pellet rifle?
     

    waloidian

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    I think its ok, because they are AIR RIFLES. Not a firearm. I personally wouldnt let him borrow mine, but kindly point him to Dicks where they can be cheaply purchased.
     

    hookedonjeep

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    Well, IANAL, but in the city limits of Elkhart, discharging a pellet gun is considered discharging a weapon, and as such can land you in serious trouble - it is considered a weapon in that it fires a projectile...... as such, it is reasonable to assume that should he be caught with a "weapon", and it slips that you gave it to him, that you may find yourself in more trouble than it is worth. :twocents:
     

    RCB

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    I have known him for most of my life. A very trustworthy person. Just one of those deals where trying to fight it was more expensive than taking the plea agreement... something I try to warn people about regarding plea agreements. They seem so easy, but you have to think of all the consequences.

    Also fortunately we both live in the country. So no laws about discharging pellet guns.. or other firearms for that matter :)
     

    waloidian

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    upon more searching, some states consider a firearm anything that can shoot a bullet...and a pelletgun is included, which sounds funny at frist, but if youve seen what a big bore pellet gun can do...i guess it makes sense. i dont know about IN for sure, but it doesnt seem worthwhile to partake in any way.
     

    ATF Consumer

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    Well, IANAL, but in the city limits of Elkhart, discharging a pellet gun is considered discharging a weapon, and as such can land you in serious trouble - it is considered a weapon in that it fires a projectile...... as such, it is reasonable to assume that should he be caught with a "weapon", and it slips that you gave it to him, that you may find yourself in more trouble than it is worth. :twocents:

    Better take away all of the nerf toys from the children :):

    These laws are nuts...:n00b:
     

    RCB

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    Called the Sheriff's department and they didn't know. All they would say is that it's not a "firearm" but they were not sure.
     

    GuyRelford

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    I can't give your neighbor legal advice, but here is Indiana's definition of a "firearm":

    IC 35-47-1-5
    "Firearm"
    Sec. 5. "Firearm" means any weapon:
    (1) that is:
    (A) capable of expelling; or
    (B) designed to expel; or
    (2) that may readily be converted to expel;
    a projectile by means of an explosion.

    As I've said before, to me, "an explosion" would require ignition and combustion, as opposed to merely the release of compressed air.

    By contrast, look at the first portion of Illinois' definition of "firearm," which specifically captures some air guns, depending on muzzle velocity and caliber of the projectile:

    "'Firearm' means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:
    (1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
    (2) . . . . ."

    Hope this helps.

    Guy
     

    GuyRelford

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    Interesting question. Do you think there's an "explosion" involved?

    Keep in mind that the definition of "deadly weapon" is much broader than the definition of "firearm," and the second section would appear to clearly capture the magnetic guns.

    IC 35-41-1-8
    "Deadly weapon" defined
    Sec. 8. (a) Except as provided in subsection (b), "deadly weapon" means the following:
    (1) A loaded or unloaded firearm.
    (2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.

    * * *
     

    matthock

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    Interesting question. Do you think there's an "explosion" involved?

    Rail guns are purely electric/magnetic - the projectile is just an inert iron rod. No explosions, not even any chemicals. Some might have a minor air gun element for initial insertion of the projectile into the main barrel (rail gun goes boom in a bad way if you turn it on with a stationary projectile on the rails), but the majority of the acceleration will be from electric power.

    Keep in mind that the definition of "deadly weapon" is much broader than the definition of "firearm," and the second section would appear to clearly capture the magnetic guns.

    IC 35-41-1-8
    "Deadly weapon" defined
    Sec. 8. (a) Except as provided in subsection (b), "deadly weapon" means the following:
    (1) A loaded or unloaded firearm.
    (2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.

    * * *

    Yes, 2 would almost certainly apply - "device ... is readily capable of causing serious bodily injury" is a fairly broad statement, and would include most decent sized rail guns - it's possible to build a rail gun as powerful as a rifle with pretty much off the shelf components, although it does require some knowledge of high power electronics and has a couple of gotchas if you don't know what you're doing.

    But does that apply to felons? I thought they were just prohibited from firearms. In the right circumstances, even a car can count as a deadly weapon, and I'm pretty sure felons can own cars.
     

    GuyRelford

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    Rail guns are purely electric/magnetic - the projectile is just an inert iron rod. No explosions, not even any chemicals.



    Yes, 2 would almost certainly apply - "device ... is readily capable of causing serious bodily injury" is a fairly broad statement, and would include most decent sized rail guns - it's possible to build a rail gun as powerful as a rifle with pretty much off the shelf components, although it does require some knowledge of high power electronics and has a couple of gotchas if you don't know what you're doing.

    But does that apply to felons? I thought they were just prohibited from firearms. In the right circumstances, even a car can count as a deadly weapon, and I'm pretty sure felons can own cars.
    I didn't mean to imply that felons were prohibited from owning "deadly weapons," as they are broadly defined. I only meant to point out that that definition was broader then the "firearm" definition.
     

    RCB

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    It's the problem with laws pretty much everywhere these days. It's all ... if this.... intent that.

    It's not black and white. People who have no compunction about video cameras and government control need to realize we all are an opinion away from being a criminal.
     

    paddling_man

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    are felons allowed to own steak knives?

    I think "shiv" is the term you're looking for... :):

    shiv5.jpg
     

    GlockRock

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    As far as a law against felons possessing firearms, I think it's actually a federal law. Indiana's law only prevents serious violent felons from possessing a firearm I think. I've been on some calls with convicted felons that have had guns but they did not have a conviction that met Indiana's law preventing them from having them, although they were in violation of the federal law. We end up taking the firearms and calling the ATF who comes and does an investigation and seizes the firearms.
     
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