Is a BB gun a firearm in PA?

[mikelets456]

http://ecode360.com/11221976

As used in this chapter, the following terms shall have the meanings indicated:
FIREARM
Includes but is not limited to any gun, shotgun, rifle, handgun, pistol, pellet gun, BB gun, crossbow, bow and arrow, slingshot or any other device which impels a projectile through the use of force.

[spacemanvic]

http://ecode360.com/11221976

As used in this chapter, the following terms shall have the meanings indicated:
FIREARM
Includes but is not limited to any gun, shotgun, rifle, handgun, pistol, pellet gun, BB gun, crossbow, bow and arrow, slingshot or any other device which impels a projectile through the use of force.

Nope, that's Bucks County Bull Shit.

[ungawa]

It is in that township.

[mikelets456]

Nope, that's Bucks County Bull Shit.

Are they in violation of state law:

http://www.legis.state.pa.us/cfdocs/...&div=0&chpt=63

(c) *Exceptions.--
(1) *Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:
(i) *kept within his domicile;
(ii) *used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(iii) *used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.
(2) *Nothing in this section shall prohibit sales of air rifles:

(e) No preemption.--The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be invalidated or affected by this section.

[ungawa]

Are they in violation of state law:

http://www.legis.state.pa.us/cfdocs/...&div=0&chpt=63

(c) *Exceptions.--
(1) *Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:
(i) *kept within his domicile;
(ii) *used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or
(iii) *used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence.
(2) *Nothing in this section shall prohibit sales of air rifles:

(e) No preemption.--The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be invalidated or affected by this section.

Doesn't sound like it.

[God's Country]

IIRC bb guns and pellets guns are not firearms by definition.
However since they are not firearms they do not fall under preemption protection.

[mikelets456]

IIRC bb guns and pellets guns are not firearms by definition.
However since they are not firearms they do not fall under preemption protection.

Wow...so if a township wanted to make them illegal they could? Is there any way to change this? It's a BB gun for crying out loud and being restricted like a .45 handgun.

Is it even worth fighting?

[spacemanvic]

Wow...so if a township wanted to make them illegal they could? Is there any way to change this? It's a BB gun for crying out loud and being restricted like a .45 handgun.

Is it even worth fighting?

Yup
It's called incrementalism. New Jersey did this many years ago, see where they are now?

[BenFoo]

IIRC bb guns and pellets guns are not firearms by definition.
However since they are not firearms they do not fall under preemption protection.

They fall under the preemption of not being classified as a firearm. Which a local municipal cannot change the definition of firearm. They could say 'no bb guns or air rifles' etc.

What they cannot do is say this is our definition of 'firearm' which includes bb guns --- which it looks like they have....

[God's Country]

They fall under the preemption of not being classified as a firearm. Which a local municipal cannot change the definition of firearm. They could say 'no bb guns or air rifles' etc.

What they cannot do is say this is our definition of 'firearm' which includes bb guns --- which it looks like they have....

Yes I agree.