Man charged for carrying a BB gun near York Elementary School

[NShortino]

Thought this was an interesting article to share with everyone on here:
http://www.wgal.com/news/21058461/detail.html

Someone reported seeing a "man with a shotgun" near an elementary school but it turned out to be someone hunting rats with a BB gun on his own property.
I think its a little ridiculous that the police sent 30 officers for a guy with a BB gun, though I appreciate their swift action in protecting the school and its students/staff.

[shooter357]

carrying a BB rifle near a York City school.

he was in the area of the old York County Prison looking for rodents that he has seen behind his home.

Is the school and the prison right next to each other? The "reporter" said he was on school property, was he?


ETA: Does anyone think it would have been safer to use, say a .22, instead of the air rifle since there is a ban on them?

[schmol]

why the hell would there be a ban on BB guns?? what the hell is this world coming to?

[dc dalton]

Something is REALLY rotten with this story, was he on school property (it says they search the school and found the man) or was he on his property.

Seems we have another reporter that can't supply ALL the facts (or chooses not to) and wants to grab a sensationalized headline. Sounds like more scare tactics to rattle the sheep into saying ALL guns are bad ... I mean hell this screwed up town has somehow been able to get their citizens to agree to ban air rifles!

I just look at all these type stories as some anti gun reporter doing everything they can to scare people, and scare them right into agreeing to ban all guns.

Total and unbelievable drivel!

[schmol]

This is the state law on "air rifles":

§6304. Sale and Use of Air Rifles.

(a) Sale or transfer of air rifles.—

(1) It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 18 years, where the dealer knows, or has reasonable cause to believe, the person to be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under 18 years of age.

(2) It shall be unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under 18 years of age.

(b) Carrying or discharging air rifles.—

(1) It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such Rifle unloaded in a suitable case or securely wrapped.

(2) It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.

(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:

(i) By wholesale dealers or jobbers.

(ii) To be shipped out of this Commonwealth.

(iii) To be used at a target range operated in accordance with paragraph (1) of this subsection or by members of the armed services of the United States or veterans’ organizations.

(d) Seizure.—Any law enforcement officer may seize, take, remove or cause to be removed, at the expense of the owner, all air rifles used or offered for sale in violation of this section.

(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.

(f) Grading —Any dealer violating the provisions of paragraph (a)(1) of this section shall be guilty of a misdemeanor of the third degree Any person violating any other provision of this section shall be guilty of a summary offense.

(g) Definitions.—As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Air rifles.” Any air gun, air pistol, spring gun, spring pistol, B-B gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.

“Dealer.” Any person engaged in the business of selling at retail or renting any air rifles

This is York City's ordinance:

733.01 Possession, sale at retail or use
prohibited.
733.02 Device seizure and destruction.
733.03 Exceptions as deadly weapons.
733.99 Penalty.
CROSS REFERENCES
Sale and use of air rifles - see Crimes Code 18 Pa. S. §6304
Firearms - see GEN. OFF. Art. 725; Crimes Code 18 Pa. S. §6101 et seq.
733.01 POSSESSION, SALE AT RETAIL OR USE PROHIBITED.
No person, firm or corporation, shall store, sell, offer or expose for sale, at retail, or have
in their possession with intent to sell, at retail, or with intent to use within the City limits any air
rifle or air pistol, commonly known as a B-B gun, sling shot or any similar device. A sale "at
retail" means any sale of less than one dozen such articles or any sale to anyone who is not a
bona fide dealer therein. (Ord. 46-1950 §1.)
733.02 DEVICE SEIZURE AND DESTRUCTION.
The Chief of Police is hereby authorized to seize, remove and destroy any air rifle or air
pistol, commonly known as a B-B gun, sling shot or similar device, which is used or discharged
within the City or which is held or possessed in violation of this article.
(Ord. 46-1950 §2.)
733.03 EXCEPTIONS AS DEADLY WEAPONS.
The provisions of this article shall not apply to air guns, air pistols, gas-powered guns or
pistols having rifled barrels, and being commonly used for target practice and the shooting of
small game. For the purpose of this article, such articles shall be deemed to be a deadly weapon
and subject to the laws of the City and Commonwealth of Pennsylvania with respect to the sale
and use thereof. (Ord. 46-1950 §3.)
733.99 PENALTY.
Whoever violates any of the provisions of this article shall, upon conviction thereof be
fined not more than one thousand dollars ($1,000) and costs of prosecution, and in default of
payment thereof shall be imprisoned for not more than ninety days (90 days) .
(Ord. 33-1989 §1. Passed 3-21-89.)

The way I see it, York City is in violation of state law by banning the possesion, buying or selling air rifles. And going by state law, it is not unlawful to discharge said air rifle on one own property. Looks like this guy would have a nice lawsuit against the city if he is indeed charged.

[whoshisface]

since the state has exceptions in thus law that makes ownership and discharge legal I would say local cannot actually get a conviction that wouldn't be overturned!

[-JD-]

This is the state law on "air rifles":




How can a city or even a municipality make any laws that bans these air rifle, when PA state says that we can own them and discharge them?

Anderson is charged with violating the city ordinance that prohibits possession and use of air rifles in the city.

IIRC air guns are not covered under the UFA, therefore not protected by preemption.

Stupid, but it is what it is.

[whoshisface]

IIRC air guns are not covered under the UFA, therefore not protected by preemption.

Stupid, but it is what it is.

the ufa doesn't cover bb guns but the bb gun law does and it has exceptions therefore it can probably be argued that since the state explcitly makes it legal that local cannot make it illegal!

[LittleRedToyota]

How can a city or even a municipality make any laws that bans these air rifle, when PA state says that we can own them and discharge them?

from the very statute you posted:

(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.

[LittleRedToyota]

the ufa doesn't cover bb guns but the bb gun law does and it has exceptions therefore it can probably be argued that since the state explcitly makes it legal that local cannot make it illegal!

not really...given that the state explicitly says smaller political subdivisions can make them illegal. (see my post above.)