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Is it a Crime for a Felon to Possess an Air Rifle

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  • 02-20-2011, 01:23 PM
    AMJ
    Is it a Crime for a Felon to Possess an Air Rifle
    My question involves criminal law for the state of: According to the Federal Government's definition an air gun does not classify as a firearm. However the State of Maine does. Does Federal law not supersede State law? Can a State legally prosecute a felon for possesion of an air rifle/pellet gun? Given United States Code, Title 15, Section 5001, BB/AIRGUN/PAINTBALL/IMMITATION FIREARM PREEMTION. Section G states "The provisions of this section shall supersede any State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall (ii) Prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure. In short I as a convicted felon can walk into any sporting goods store in the State of Maine and purchase an air rifle with no questions asked. So how is it that once I leave the store the State of Maine can prosecute me for possessing a firearm?
  • 02-20-2011, 02:52 PM
    flyingron
    Re: Is it a Crime for a Felon to Possess an Air Rifle
    At this point in time the states are generally free to impose stricter gun laws for felons than the federal ones. In Maine, you have to play by the rules of Maine. Federal court decisions while preempting a lot of local restrictions on gun rights of the population at large, have reaffirmed the rights to restrict people like felons and the mentally incompetent.
  • 02-23-2011, 11:25 AM
    xSoFx
    Re: Is it a Crime for a Felon to Possess an Air Rifle
    Hi,
    Along with what was stated above, you should feel lucky that this is what you are limited to.
    I'm currently living in North Dakota on a (bogus) Burglary of the 1st degree charge.
    Thank God the judge felt for me and reduced the sentencing and also gave me Stay of Adju.
    Anyway, the charge is from Minnesota.

    In Minnesota, I am allowed to not only to own air rifles, but actual rifles as well.
    I can also hunt and hell, brandish a fire arm in public with proper permits.
    Now that I'm living in North Dakota, not only can I not own an air rifle,
    I can't own so much as a 2x4 in my place of residence. It could be considered a weapon.
    Any type of weapon/anti-weapon you can think of, North Dakota state law has it covered.

    Which is ridiculous, considering there could be a rock on the floor, which could in fact be deemed a weapon which I was in possession of. How well it would go over in court, is another story.
    Long story short,
    Don't get into legal trouble, and you won't have to worry.
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