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Definitions of "Firearms"
As I have seen in some recent postings, it seems that using the term "firearm(s)" in a sentence is tough, it depends on which definition you are referring to...
This may be a bit long but here's a few definitions that may be of help when referring to "firearm(s):
Title 27 CFR Chapter II Part 478
Firearm.
Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
Firearm frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.
Firearm muffler or firearm silencer.
Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Title 27 CFR Chapter II Part 479
Firearm.
(a) A shotgun having a barrel or barrels of less than 18 inches in length; (b) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(c) a rifle having a barrel or barrels of less than 16 inches in length;
(d) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(e) any other weapon, as defined in this subpart;
(f) a machine gun;
(g) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and
(h) a destructive device.
The term shall not include an antique firearm or any device (other than a machine gun or destructive device) which, although designed as a weapon, the Director finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
For purposes of this definition, the length of the barrel having an integral chamber(s) on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breech block when closed and when the shotgun or rifle is cocked. The overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.
PA Title 18 Chapter 61 (Uniform Firearms Act)
Section 6102 Definitions
Firearm: "Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 16 inches, or ant pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable."
PA Title 18 Chapter 61 (Uniform Firearms Act)
Section 6105 Persons not to possess, use, manufacture, control, sell or transfer firearms.
"Firearm".--As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be concerted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
The Average Person:
Firearm: Any Handgun, Rifle or Shotgun.
If the mods think that this might be helpful in the future as a ready/handy reference they may move it to where it will do the most good.
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Re: Definitions of "Firearms"
this should be stickied.
That term has various meanings depending on what law you're discussing.
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Re: Definitions of "Firearms"
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Originally Posted by
knight0334
this should be stickied.
That term has various meanings depending on what law you're discussing.
Agreed & done.
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Re: Definitions of "Firearms"
this reminds me of a question that i forgot about. what about a pistol with a barrel longer than 15 inches? certin models of the s&w 500 had 18 inch barrels, IIRC. what would they be classified as?
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Re: Definitions of "Firearms"
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Originally Posted by
eells
this reminds me of a question that i forgot about. what about a pistol with a barrel longer than 15 inches? certin models of the s&w 500 had 18 inch barrels, IIRC. what would they be classified as?
To the Feds its still a handgun - 21yo to purchase/transfer. To PA, its not a "firearm". It doesn't require the PSP transfer paperwork and can be sold from a FFL with only the Fed 4473 being filled out. Between individuals, it can be sold/transferred/given away just like any rifle or shotgun.
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Re: Definitions of "Firearms"
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Originally Posted by
knight0334
To the Feds its still a handgun. To PA, its not a "firearm". It doesn't require the PSP transfer paperwork and can be sold from a FFL with only the Fed 4473 being filled out. Between individuals, it can be sold/transferred/given away just like any rifle or shotgun.
thats what i thought. thanks!
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
Xringshooter
As I have seen in some recent postings, it seems that using the term "firearm(s)" in a sentence is tough, it depends on which definition you are referring to...
This may be a bit long but here's a few definitions that may be of help when referring to "firearm(s):
Title 27 CFR Chapter II Part 478
Firearm.
Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.
Firearm frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.
Firearm muffler or firearm silencer.
Any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Title 27 CFR Chapter II Part 479
Firearm.
(a) A shotgun having a barrel or barrels of less than 18 inches in length; (b) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(c) a rifle having a barrel or barrels of less than 16 inches in length;
(d) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(e) any other weapon, as defined in this subpart;
(f) a machine gun;
(g) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and
(h) a destructive device.
The term shall not include an antique firearm or any device (other than a machine gun or destructive device) which, although designed as a weapon, the Director finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
For purposes of this definition, the length of the barrel having an integral chamber(s) on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breech block when closed and when the shotgun or rifle is cocked. The overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.
PA Title 18 Chapter 61 (Uniform Firearms Act)
Section 6102 Definitions
Firearm: "Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 16 inches, or ant pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable."
PA Title 18 Chapter 61 (Uniform Firearms Act)
Section 6105 Persons not to possess, use, manufacture, control, sell or transfer firearms.
"Firearm".--As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be concerted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
The Average Person.
Firearm: Any Handgun, Rifle or Shotgun.
If the mods think that this might be helpful in the future as a ready/handy reference they may move it to where it will do the most good.
Does all this mean that a Rifle is not considered a firearm?
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Re: Definitions of "Firearms"
Different parts of the law books (US and PA) define it as a firearm, other parts do not. It depends on what that section is used for
Websters New Dictionary and Thesaurus define a firearm as: any hand weapon from which a shot is fired by explosive force, as a rifle or pistol.
The average person uses the above definition because they typically are not getting into the nuances of the law which comes up when some entity (police, BATFE, etc.) thinks that someone has broken the law.
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Re: Definitions of "Firearms"
Here's a definition of mine that I tossed out at someone who said "Your just a gun radical who only cares about his assualt weapons!"
I don't own any assault weapons, reason being nothing I have has ever been used for assault purposes.
I own repeating firearms.
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Re: Definitions of "Firearms"
hi Everyone...
this is jdkillson...!!
I also agree :cool:
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Re: Definitions of "Firearms"
Quote:
this should be stickied.
That term has various meanings depending on what law you're discussing.
hi Everyone...
this is jdkillson...!!
I also agree :cool:
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Re: Definitions of "Firearms"
i hate to dig up an old thread; but when i did OTR i thought about picking up a fullauto airsoft gun in case anyone tried to come in my truck while sleeping i could at least subdue them (those things hurt); however i was dissuaded from doing so when i was informed that in some states even an airsoft or bb gun is considered a "firearm" and therefore may not be transported in a vehicle ect ect ect (you know the schtick)
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Re: Definitions of "Firearms"
Deflagration !!!!!!!!! I'm impressed !!;)
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Re: Definitions of "Firearms"
Ok, I see these definitions. I was also told by a State Police Officer that a pellet gun also falls into this firearm catagory because they expell a projectile at high velocities. I really don't understand the laws anymore on firearms because they seem to change constantly. Is a CO2 powered Pellet gun considered a firearm? Some pellets travel 1200 fps. I'm really confused about the whole firearm definition when related to high powered pellets without the explosion. Any advice or knowledge here? Seems like you have to have an attorney on retainer for the law.
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Re: Definitions of "Firearms"
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Originally Posted by
walteq
Ok, I see these definitions. I was also told by a State Police Officer that a pellet gun also falls into this firearm catagory because they expell a projectile at high velocities. I really don't understand the laws anymore on firearms because they seem to change constantly. Is a CO2 powered Pellet gun considered a firearm? Some pellets travel 1200 fps. I'm really confused about the whole firearm definition when related to high powered pellets without the explosion. Any advice or knowledge here? Seems like you have to have an attorney on retainer for the law.
I am unaware of any state statute that defines air rifles/pistols as "firearms". Even the most broad definition I've seen (basically anything that "expels a projectile by force of an explosion") would not qualify.
I have seen local park regulations that define "firearm" to include things like bow & arrows, and slingshots.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
gnbrotz
I am unaware of any state statute that defines air rifles/pistols as "firearms". Even the most broad definition I've seen (basically anything that "expels a projectile by force of an explosion" would not qualify.
I have seen local park regulations that define "firearm" to include things like bow & arrows, and slingshots.
A pellet gun can be a weapon or an instrument of crime, but here in PA it can't be a "firearm". (I think that NJ is different. In so many ways....)
It can, however, be a "replica firearm", which can get you into trouble if used in a crime. But then, so can a carved bar of soap.
Note that our "weapons-free school" statute has been used successfully to prosecute a kid with a paintball gun, and a paint ball has far less penetrating power than a pellet or BB.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
GunLawyer001
A pellet gun can be a weapon or an instrument of crime, but here in PA it can't be a "firearm".
...which is why, of course, Philly can and does ban them.
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Re: Definitions of "Firearms"
Where do black power muzzle-loaders and percussion "weapons" figure into this...as "firearms" or not in Pennsylvania?
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
karlthev
Where do black power muzzle-loaders and percussion "weapons" figure into this...as "firearms" or not in Pennsylvania?
Quasi -firearms. Though most of the UFA does not apply to them, the section 6106 (carrying) and 6105 (prohibited persons) do.
Quote:
18 Pa CS § 6118. Antique firearms.
(a) General rule.--This subchapter shall not apply to
antique firearms.
(b) Exception.--Subsection (a) shall not apply to the extent
that such antique firearms, reproductions or replicas of
firearms are concealed weapons as provided in section 6106
(relating to firearms not be carried without a license), nor
shall it apply to the provisions of section 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) if such antique firearms, reproductions or
replicas of firearms are suitable for use.
(c) Definition.--As used in this section, the term "antique
firearm" means:
(1) Any firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(2) Any firearm manufactured on or before 1898.
(3) Any replica of any firearm described in paragraph
(2) if such replica:
(i) is not designed or redesigned for using rimfire
or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
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Re: Definitions of "Firearms"
There are multiple definitions so its easier for cops and prosecutors to screw over people. If one definition doesn't fit their needs there are others that might. The judicial system is designed to be manipulated to the benefit of the prosecution. Judges are supposed to be impartial arbitrators of the law but they are rarely impartial.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
GunLawyer001
A pellet gun can be a weapon or an instrument of crime, but here in PA it can't be a "firearm".
What about the manually charged spring-action kind? I was under the impression that crossbows are firearms for the purposes of 6106 because they're designed to expel a projectile by the action of the frame or receiver, and I don't understand how that is considered functionally any different. Both are functionally identical with elastic potential energy stored within the device to be released by a trigger.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
greenjohn88
What about the manually charged spring-action kind? I was under the impression that crossbows are firearms for the purposes of 6106 because they're designed to expel a projectile by the action of the frame or receiver, and I don't understand how that is considered functionally any different. Both are functionally identical with elastic potential energy stored within the device to be released by a trigger.
You are misinterpreting the meaning of the defintion.
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(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
The definition includes:
1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
That would not include crossbows, or airsoft arms (whether they use a spring or CO2).
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
gnbrotz
You are misinterpreting the meaning of the defintion.
The definition includes:
1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
That would not include crossbows, or airsoft arms (whether they use a spring or CO2).
Yep.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
4thdimension
There are multiple definitions so its easier for cops and prosecutors to screw over people. If one definition doesn't fit their needs there are others that might. The judicial system is designed to be manipulated to the benefit of the prosecution. Judges are supposed to be impartial arbitrators of the law but they are rarely impartial.
No. Except for the botched McKown case, courts can't take terms from one statute and replace the conflicting term in another statute.
For purposes of carrying a concealed "firearm" in 6106, the default definition in 6102 applies, and any handgun or SBR counts:
“Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
If you become a prohibited person, that definition is expanded in 6105, to include stripped frames and receivers, and all long guns as well:
(i) Firearm.--As used in this section only, the term “firearm” shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
A non-prohibited person carrying a stripped frame in his pocket, without an LTCF, can't be convicted in a fair court with competent counsel of violating 6106, but a prohibited person COULD be properly charged under 6105 for possessing a "firearm" within the meaning of 6105.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
GunLawyer001
No. Except for the botched McKown case, courts can't take terms from one statute and replace the conflicting term in another statute.
For purposes of carrying a concealed "firearm" in 6106, the default definition in 6102 applies, and any handgun or SBR counts:
“Firearm.” Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
If you become a prohibited person, that definition is expanded in 6105, to include stripped frames and receivers, and all long guns as well:
(i) Firearm.--As used in this section only, the term “firearm” shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
A non-prohibited person carrying a stripped frame in his pocket, without an LTCF, can't be convicted in a fair court with competent counsel of violating 6106, but a prohibited person COULD be properly charged under 6105 for possessing a "firearm" within the meaning of 6105.
The courts do whatever they want to unless a person has a good defense and most can't afford one. You're a lawyer. You should know how crooked the system can be. Even when they get caught they are rarely held accountable.
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Re: Definitions of "Firearms"
Quote:
Originally Posted by
gnbrotz
1. "any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive"
2. "or the frame...of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
3. "receiver of the weapon (which is designed to or may readily be converted to expel any projectile by the action of an explosive)"
That makes sense.
Quote:
the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
All I want for Christmas are some god damned commas.
