Paintball and firearm laws

[Lohman446]

I was browsing a booklet I have here today, and decided to share some of the things I found

These are all out of the Firearms Laws of Michigan - Statutes compiled by the Legistlative Service Bureau Purusant to Act ,381 of 2000. Publish date on this particular manual is April 2003 but it is still current, at least according to the concealed weapons board I talked to today.


8.3T "Firearm" defined
Sec. 3t. the word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas, or air.

600.2951 (b) "Pistol" means a firearm, loaded or unloaded, 30 inches or less in legth, or any firearm, loaded or unloaded, which by its construction and appearance conceals it as a firearm.

750.82 Felenious assault
Sec. 82 (1) Except as provided in subsection (2) [Note: subsection 2 deals with a weapons free school zone and harsher penalties, I have not included it here], a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by improsonment for not more than 4 years or a fine of not more than 2,000.00, or both

750.171 Engaging in or challenging to fight duel.
Sec 171. Engaging in or challenging to fight a duel - Any person who shall engage in a duel with any deadly , although no homicide enuse, or who shall challenge another to fight such a duel, or shall send or deliver any written or verbal message, purporting or intended to such challenge, although no duel ensue, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by a fine of not more than 5,000 dollars, and shall also be incapable of holding or of being elected or appointed to any place of honor, profit, or trust, under the constitution or laws of this state.

750.222
Sec. 222 as used in this chapter
(b) "Barrel length" means the internal lenght of a firarm as measured form the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel.
(e) "Pistol" means a loaded or unloaded firearm that is 30 inches or less in length, or al oaded or unloaded firearm that by its construction and appearance concels itself as a firearm.
(i) "Short barreled shotgun" means a shotgun having 1 or more barrles less than 18 inches in length or a weapon made from a shotugne, wheter by alteration, modification or otherwise, if the weapon as modified has ano verall lenght of less than 26 inches.
(K) "Short barrled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rfiel, whether by alteration, modification, or otherwise, i the weapon as modified has an overall lenght of less than 26

750.223 Selling firearms and ammunitons:...
Sec 223 (2) A persone who knowingly sells a firearm more than 30 inches in length to a person under 18 years of age is guilty of a misdeameanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both. A second or subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.oo or both. It is an affirmative defense to a prosecution under this subsection that the person who sold the fireamr asked to see and was shown a driver's liscence or identification card issued by a state that identified the purchaser being 18 years of age or older.

750.224b Short barrled shotgun or rifle...
Sec 224b (1) A person shall nto manufacture, sell,offer for sale, or possesss a short barreled shotgun or a short barreld rifle.
2) A person who violates this section is guitly of a felony punishable by imprisonment for not more than 5 years, or a finde of not more than $2,500.00, or both.


750.235 Firearm; injuring, intentionally aimed without malice.
Sec 23. Injuring by discharging of a fire-arm intentionally but without malice pointed at another - Any person who shall maim or injure any other person by the discharge of any fire-arm pointed or aimed intentionally, without malice, at any suchperson shall be guitly of a misdeamonor, punishable by imprisonment in the county jail not more than 1 year or by a fine of not more than 500 dollars.

752.861 Careless, reckless, or negligent use of firearms, penalty.
Sec 1. Any person who, because of carelessness, recklessness, or negligence, but not willfully or wantonly, shall cause or allow any fireamr under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by imprsionment in the state prison for not more than 2 years, or b a fine of not more than 2,000.00., or by improsonment in the county jal for not more than 1 year, in the discretion of the court.


Ok folks... this is all I am typing for tonight.. I can get into the sale of firearms and proper documentation required at a later time. Please don't take this as a "trying to hurt the game" thread. I am trying to identify issues, so that we have knowledge of them and can act accordingly

[Enemy]

you really need to go out and play!!!

[Lohman446]

I know... :cry: maybe my Ion will be here this week and I can go :shooting: ... maybe my Devilmag will be here soon

[openboater]

Yes, it WILL become an issue with paintball when some District Attorney somewhere wants to make a name for himself.

If it looks like a duck, and quacks like a duck, it's a duck.

If it looks like a weapon, and shoots like a weapon, it's a weapon.

But the same can be said about a butterknife, use it on toast and you're OK, stab somebody with it and you're going to jail.

[bornl33t]

Ok folks... this is all I am typing for tonight.. I can get into the sale of firearms and proper documentation required at a later time. Please don't take this as a "trying to hurt the game" thread. I am trying to identify issues, so that we have knowledge of them and can act accordingly


you do know copy and paste right? You didn't type all that out of a book or otherwise non-digital literature?

[Lohman446]

you do know copy and paste right? You didn't type all that out of a book or otherwise non-digital literature?


Reading law on the computer is 100 times worse than reading it in a book (and it sucks reading it in a book to) - so yeh, thats typed out of a book.

[hitech]

I'd bet that paintball is allowed because "they" have decided that a paintball is NOT a dangerous projectile. It's not a hard argument to make. The only way a paintball is a dangerous is if it contacts the eye or ear. Since the .177 caliber projectile is just as dangerous and NOT considered a firearm it is an easy argument to include a paintball. It is also my understanding that all states do not consider a paintball gun a firearm. However, it would be nice if the exception were written into the law. ;)

:cheers:

[Lohman446]

I'd bet that paintball is allowed because "they" have decided that a paintball is NOT a dangerous projectile. It's not a hard argument to make. The only way a paintball is a dangerous is if it contacts the eye or ear. Since the .177 caliber projectile is just as dangerous and NOT considered a firearm it is an easy argument to include a paintball. It is also my understanding that all states do not consider a paintball gun a firearm. However, it would be nice if the exception were written into the law. ;)

:cheers:


My understanding is there has been no "Test" case in Michigan to determine if a marker is considered a firearm or not. I know there is the argument around dangerous projectile that it is not - however there is a counter argument to it. Its a gray spot in the law - if a tragedy happens and someone is killed or seriously injured and a DA decided to go after you - how are you going to argue than that it is not dangerous?

PS.. let me now go fetch this book again adn check the rules governing the exception (BB guns)

[Lohman446]

You know, if we could redefine how this system worked, and be defined as a shooting range, and FOLLOW industry accepted guidelines we could protect ourselves under state law - please note that we do not at this time.

rovide civil immunity to persons who operate or use certain sport shooting ranges; and to regulate the
application of state and local laws, rules, regulations, and ordinances regarding sport shooting ranges.
History: 1989, Act 269, Imd. Eff. Dec. 26, 1989.
The People of the State of Michigan enact:
691.1541 Definitions.
Sec. 1. As used in this act:
(a) “Generally accepted operation practices” means those practices adopted by the commission of natural resources that
are established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety
programs that include training individuals in the safe handling and use of firearms, which practices are developed with
consideration of all information reasonably available regarding the operation of shooting ranges. The generally accepted
operation practices shall be reviewed at least every 5 years by the commission of natural resources and revised as the
commission considers necessary. The commission shall adopt generally accepted operation practices within 90 days of the
effective date of section 2a.
(b) “Local unit of government” means a county, city, township, or village.
(c) “Person” means an individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity.
(d) “Sport shooting range” or “range” means an area designed and operated for the use of archery, rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder, or any other similar sport shooting.
History: 1989, Act 269, Imd. Eff. Dec. 26, 1989;—Am. 1994, Act 250, Imd. Eff. July 5, 1994.
691.1542 Sport shooting ranges; civil liability or criminal prosecution; state rules or regulations.
Sec. 2. (1) Notwithstanding any other provision of law, and in addition to other protections provided in this act, a person
who owns or operates or uses a sport shooting range that conforms to generally accepted operation practices in this state is
not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the
operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range
and its operation at the time of construction or initial operation of the range.
(2) In addition to other protections provided in this act, a person who owns, operates, or uses a sport shooting range that
conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not
enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with
any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation
of the range.
(3) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level
which may occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this act.
However, this subsection does not restrict the application of any provision of the generally accepted operation practices.
History: 1989, Act 269, Imd. Eff. Dec. 26, 1989;—Am. 1994, Act 250, Imd. Eff. July 5, 1994.
691.1542a Continuation of preexisting sport shooting ranges.
Sec. 2a. (1) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of
an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does
not conform to the new ordinance or an amendment to an existing ordinance.
(2) A sport shooting range that is in existence as of the effective date of this section and operates in compliance with
generally accepted operation practices, even if not in compliance with an ordinance of a local unit of government, shall be
permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted
operation practices:
(a) Repair, remodel, or reinforce any conforming or nonconforming building or structure as may be necessary in the
interest of public safety or to secure the continued use of the building or structure.
(b) Reconstruct, repair, restore, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act
of god, or act of war occurring after the effective date of this section. The reconstruction, repair, or restoration shall be
completed within 1 year following the date of the damage or settlement of any property damage claim. If reconstruction,
repair, or restoration is not completed within 1 year, continuation of the nonconforming use may be terminated in the
discretion of the local unit of government.
(c) Do anything authorized under generally accepted operation practices, including, but not limited to:

(i) Expand or increase its membership or opportunities for public participation.
(ii) Expand or increase events and activities.
History: Add. 1994, Act 250, Imd. Eff. July 5, 1994.
691.1543 Local regulation.
Sec. 3. Except as otherwise provided in this act, this act does not prohibit a local unit of government from regulating the
location, use, operation, safety, and construction of a sport shooting range.
History: 1989, Act 269, Imd. Eff. Dec. 26, 1989;—Am. 1994, Act 250, Imd. Eff. July 5, 1994.
691.1544 Acceptance of risk.
Sec. 4. Each person who participates in sport shooting at a sport shooting range that conforms to generally accepted
operation practices accepts the risks associated with the sport to the extent the risks are obvious and inherent. Those risks
include, but are not limited to, injuries that may result from noise, discharge of a projectile or shot, malfunction of sport
shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice
conditions, bare spots, rocks, trees, and other forms of natural growth or debris.
History: Add. 1994, Act 251, Imd. Eff. July 5, 1994.
69 FIREARMS LAWS OF MICHIGAN — STATUTES §691.1544

Note... I found this and just copy and pasted it check out the bold part though

[CaliMagFan]

I'd bet that paintball is allowed because "they" have decided that a paintball is NOT a dangerous projectile. It's not a hard argument to make. The only way a paintball is a dangerous is if it contacts the eye or ear. Since the .177 caliber projectile is just as dangerous and NOT considered a firearm it is an easy argument to include a paintball. It is also my understanding that all states do not consider a paintball gun a firearm. However, it would be nice if the exception were written into the law. ;)

:cheers:


under CA law a paintball marker is called a "spot marker".... it falls under the category of BB guns and other smooth bore guns, many of which are in the "less lethat" category.... you can find more on that in CA penal code 12001 and on.

[BeaverEater]

ok it fits under smooth bore guns, but what about the rifled barrels and such. does that mess with the laws.

[trains are bad]

Gun control is evil.

[Alpha]

Massachusetts.. Need I say any more? Lets just say if I shot my marker outside I'd be put in jail by a bunch of flaming liberals complainign how I shot a nuclear device in my backyard.

[REDRT]

Massachusetts.. Need I say any more? Lets just say if I shot my marker outside I'd be put in jail by a bunch of flaming liberals complainign how I shot a nuclear device in my backyard.

:rofl: Nuclear :rofl: They just might in your part of the world though. :ninja:

[CaliMagFan]

complete law coverage of CA firearm penal codes and related gun laws would take me about 30 hours of reading to get thru.... and i read fast and also know my way around legal documents... having worked in a DA's office and a public defenders office, i know that these things are lengthy for a reason.... but i still believe in some of what trains are bad said.. "gun control is evil."

I'm 80% in agreement... people that legally own the guns they posses are at least more responsible than their illegal counterparts....

-kyro

[Beemer]

The only way a paintball is a dangerous is if it contacts the eye or ear.

This is not true Hitech. Put your EPD on and draw a line all the way around it down to about the 2nd or 3rd vertebra. This would be all of the neck and head that aint protected. All soft tissue. Dont let yourself get back doored. in those areas. Think blunt force and trama and bruising and internal hemorrhaging. A 3.18g paintball at 300 fps = 13.2 joules, at 275fps =11.17 joules. 1 shot right above your first vertebra could very well do some damage.

[hitech]

This is not true Hitech. Put your EPD on and draw a line all the way around it down to about the 2nd or 3rd vertebra. This would be all of the neck and head that aint protected.

Well....since I wear a baseball hat on backwards it is protected... :p ;)


All soft tissue. Don't let yourself get back doored. in those areas. Think blunt force and trauma and bruising and internal hemorrhaging. A 3.18g paintball at 300 fps = 13.2 joules, at 275fps =11.17 joules. 1 shot right above your first vertebra could very well do some damage.

If that is true, the requirements for EPDs need to change. Until then I'll be sure and wear that hat. :D

[VFX_Fenix]

CA law classifies a Paintball gun as an AirGun and is not subject to Firearm laws (within CA anyway). So who wants dinner?

[Lohman446]

Not to sound umm :tard: but EPD? :confused:

[Number13]

In Wisconsin:
941.297(1)
(1) In this section, "look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. "Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
{Only explicit mention of a paintball marker I've ever found in Wisconsin state law}

A dangerous weapon? No:
939.22(10)
(10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

939.22(14)
(14) "Great bodily harm" means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
{Unless you're using it on someone not wearing a mask, you will be using it within the method it is "intended to be used" so as not to cause "great bodily harm." Please note that if your adversary insists on only wearing goggles or inadequate protection, you can still be held liable for damages done to him if you shoot him with a paintball and cause injury. By not restricting your use of the paintball marker to an individual wearing proper safety equipment, you use it outside of the manner it is "intended to be used" in. Hence, don't play with stupid people because you will suffer as well for their stupidity.}

And if pulled over by a cop:
968.25
968.25 Search during temporary questioning. When a law enforcement officer has stopped a person for temporary questioning pursuant to s. 968.24 and reasonably suspects that he or she or another is in danger of physical injury, the law enforcement officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the law enforcement officer finds such a weapon or instrument, or any other property possession of which the law enforcement officer reasonably believes may constitute the commission of a crime, or which may constitute a threat to his or her safety, the law enforcement officer may take it and keep it until the completion of the questioning, at which time the law enforcement officer shall either return it, if lawfully possessed, or arrest the person so questioned.
{They can take your paintball marker during questioning, but provided you legally own it (and you do not need to be 18 to own a paintball marker in Wisconsin) then they have to give it back at the end of the questioning. }

[hitech]

Not to sound umm :tard: but EPD? :confused:

Eye/Ear Protection Device. :D

First I heard that used was here...

[Lohman446]

Thread resurection - considering the invents in Berlin over the past weekend any new thoughts?

[Frizzle Fry]

Thread resurection - considering the invents in Berlin over the past weekend any new thoughts?

In a court of law, there are really only two paintball markers that could (not just legally, but reasonably by a judge) be considered firearms.

One is the Tippmann C3, which dissapeared not just because it stunk but also because of legal issues. It ignited propane and used the pressure from the mini-explosion to propell a paintball forward. While this was slower than, say, a hammer striking a firing pin and igniting powder, or even a flint sparking powder, it still meets the legal definition of a firearm.

The other is a canadian marker called the Mod85 that has been somewhat forgotten by time. It was magazine fed, and had brass & plastic shells which held a shotgun primer and a .375cal paintball... Due to its enormous resemblance to more traditional firearms (and yes, this one has actually been through at least one court case and IS a firearm) it never took off. It was actually a training device, but it made it's way to fields where it was often banned for noise and the fact that some models (but not all) could go fully automatic.



*edit: If you've ever built a Potato cannon that uses ingited hairspray or something similar as a propellant, you haven't made a "firearm" you've made an infernal machine... Which is also in most cases illegal especially if you do something stupid with it.

[Beemer]

Not sure what they are, over there for sure. Just what I saw on another Forum.

Set Max FPS, no full auto, no ramping, one shot one pull. Sound familar?