Paintball and firearm laws

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  • Lohman446
    Useful posts: 7
    • Jun 2003
    • 9315

    #1

    Paintball and firearm laws

    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
    "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess
  • Enemy
    aKa PROZAC
    • Aug 2003
    • 1245

    #2
    you really need to go out and play!!!
    VV04962 yeah thats my Pewter CnC X-mag

    Looking for a milled 04 featherlight viking!!!

    my feedback!!!http://www.automags.org/forums/showt...84#post1584884

    Comment

    • Lohman446
      Useful posts: 7
      • Jun 2003
      • 9315

      #3
      I know... maybe my Ion will be here this week and I can go ... maybe my Devilmag will be here soon
      "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

      Comment

      • openboater
        Registered User
        • Jul 2001
        • 288

        #4
        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.

        Comment

        • bornl33t
          hello lamewads
          • Oct 2000
          • 4463

          #5
          Originally posted by Lohman446

          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?

          Comment

          • Lohman446
            Useful posts: 7
            • Jun 2003
            • 9315

            #6
            Originally posted by bornl33t
            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.
            "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

            Comment

            • hitech
              Not a shedder of vortices
              • Nov 2001
              • 4775

              #7
              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.



              Hey Hitech your starting to sound like me! - AGD
              Hitech is the man.... :eek: - Blennidae
              The only Hitech Lubricant

              Comment

              • Lohman446
                Useful posts: 7
                • Jun 2003
                • 9315

                #8
                Originally posted by 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.


                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)
                "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

                Comment

                • Lohman446
                  Useful posts: 7
                  • Jun 2003
                  • 9315

                  #9
                  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.
                  "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

                  Comment

                  • CaliMagFan

                    #10
                    Originally posted by 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.


                    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.

                    Comment

                    • BeaverEater
                      25thID - back in hawaii
                      • Oct 2003
                      • 1536

                      #11
                      ok it fits under smooth bore guns, but what about the rifled barrels and such. does that mess with the laws.


                      I just want this stuff gone, super low prices

                      Comment

                      • trains are bad
                        Registered User
                        • Oct 2003
                        • 1751

                        #12
                        Gun control is evil.
                        TRB's feedback

                        Comment

                        • Alpha
                          Support our troops. <3
                          • Nov 2004
                          • 841

                          #13
                          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.

                          "Ask not what your country can do for you; ask what you can do for your country." -JFK

                          Comment

                          • REDRT
                            Mags, Y use anything else
                            • Apr 2004
                            • 1854

                            #14
                            Originally posted by 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.
                            Nuclear They just might in your part of the world though.

                            Comment

                            • CaliMagFan

                              #15
                              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

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