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This is sad. The man accidentally has a toy in his car and ends up charged with two felonies.
http://onlineathens.com/stories/022007/news_20070220030.shtml
http://onlineathens.com/stories/022007/news_20070220030.shtml
So, is an air soft gun a "weapon?" It is not a pistol, nor is it a revolver. It is designed or intended to propel a missile of any kind, but is it "weapon designed or intended to propel a missile of any kind?" No."Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
Source cited above.Pellet gun lands UGA senior in jail on two felony charges
By Joe Johnson | [email protected] | Story updated at 10:39 PM on Monday, February 19, 2007
A University of Georgia student was arrested on weapons charges early Saturday after a UGA officer patrolling a campus parking lot spotted a recreational pellet gun in the student's car, UGA police said.
Although he technically violated the law, the student's mother said campus police over-reacted and should have issued her son a warning.
"It was all a crazy mistake on (my son's) part, and on their part, it was foolish to even go ahead with the arrest," said Mary McClure, whose son, Douglas, faces two felony counts of possession of a weapon on school property.
"Right now, I'm figuring out how to pay for an attorney and get him off these charges, which is crazy considering my son has never been in trouble before, and he's graduating in two months," Mary McClure said.
The arrest came after the UGA officer was patrolling the railroad lot off Baldwin Street and saw what looked like a gun on the floor of a car, according to UGA police Lt. Lisa Boone. Officers routinely patrol campus parking lots to thwart car break-ins and other crimes.
Officers watched the car, waiting for the owner to return, Boone said, and took McClure into custody at about 1:50 a.m.
The gun actually was an airsoft pistol that shoots plastic pellets, according to Mary McClure, who said a friend gave her son the pistol a couple weeks ago.
"He just tossed it in the car and didn't realize it was there," said Mary McClure, who said her son usually drives a scooter to school from his South Lumpkin Street residence, and used his car the night he was arrested because he went into town for a concert.
When officers searched McClure's car, they found a knife with a 3-inch blade, leading to a second count of possession of a weapon on school grounds, according to police. Under state law, any weapon "designed or intended to propel a missile of any kind" is a felony crime.
"They pose a danger to the university community," Boone said. "A lot of these airsoft guns look realistic, and they can cause all kinds of problems, like create misunderstanding and put the student and others in danger."
McClure remained in jail until about 4 p.m. Saturday, when he was released on a $3,000 bond, his mother said.
The arrest was not related to an earlier incident in which Athens-Clarke police said two young men pointed a gun at a UGA bus driver on South Milledge Avenue.
But in that case, a blue Ford Mustang occupied by two young men swerved as if to hit a bus that had just dropped off students at Fairfax Hall, police said.
As the bus merged into traffic, one of the men made an obscene gesture and pointed what appeared to be a handgun, according to police.
The car in which McClure's airsoft gun was found was a silver Nissan, Boone said.
Published in the Athens Banner-Herald on 022007
Sorry, I forgot the Athens newspaper site requires registration or I would've posted the contents. I use the Bugmenot firefox browser plugin that autofills in login info on sites for me so I don't have to register for these trash logins so I forget about them.Malum Prohibitum said:Registration. Mind posting the article?
I am not so sure the mother is correct for the first charge.Pellet gun lands UGA senior in jail on two felony charges
By Joe Johnson | [email protected] | Story updated at 10:39 PM on Monday, February 19, 2007
. . .
Although he technically violated the law, the student's mother said . . .
But of course it was not. :|. . . the UGA officer was patrolling the railroad lot off Baldwin Street and saw what looked like a gun on the floor of a car,
See?The gun actually was an airsoft pistol that shoots plastic pellets, according to Mary McClure, who said a friend gave her son the pistol a couple weeks ago.
:shock: Not the dreaded, deadly three inch teacher assassination tool! :shock:When officers searched McClure's car, they found a knife with a 3-inch blade, leading to a second count of possession of a weapon on school grounds
So, back to my original question. Is an Air Soft toy a "weapon," which is the very first word in the definition? The article does not have weapon in quotes, but I quoted it above, and the word is there. So, is this toy a "weapon?"Under state law, any weapon "designed or intended to propel a missile of any kind" is a felony crime.
What? I bet Boone wet herself in fear when he heard that an Air Soft toy had been discovered in an unattended car. I am more than a little disgusted that a real, live "police officer" would make such an asinine statement."They pose a danger to the university community," Boone said. "A lot of these airsoft guns look realistic, and they can cause all kinds of problems, like create misunderstanding and put the student and others in danger."
What? They let this dangerous menace loose out on the streets to endanger all of us again by leaving a toy gun in a car? He might strike again at any moment! :shock:McClure remained in jail until about 4 p.m. Saturday, when he was released on a $3,000 bond, his mother said.
Firearm:... that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter (i.e. a .177 Cal BB and/or pellet gun). (16-11-132)
Most airsofts are spring and air powered (small single shot ones usually are, I don't know about the battery driven full auto ones). They typically propel a plastic projectile the same size as a bb.... or other weapon which will or can be converted to shoot or expel a projectile by the action of an explosive or electrical charge. (16-11-133)
If it was on campus and that school has a policy about student cars parked on school grounds and the ability to search them, I doubt it.Rammstein said:So if it is not technically a weapon and they detained him anyways...could he sue for unlawful imprisonment?
:?gunsmoker said:Ram, it's the TWO-INCH blade law. And I don't think that is limited to just the sharpened section of the blade. From the tippy-tip right to the beginning of the handle, that's all considered "blade."
An airsoft is not a pistol or revolver, nor a firearm.(2) "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
That is some of the worst reasoning I have ever seen posted here. If I shoot you in the temple at a hundred yards with the first example, what will happen? If I aim for your temple at 100 yards with the last example, an "Airsoft" toy, what will happen? Even up close? Come on, Gunsmoker! :roll:gunsmoker said:If a single-shot .22 target rifle with a 26" bull barrel and a 9-pound empty weight is legally considered a "weapon" despite the fact that it is designed, marketed, and only sold for the sport of target shooting, then I think a BB gun or AirSoft gun or paintball gun could be called a "weapon" too.
I have a better idea. Repeal O.C.G.A. 16-11-127.1. If that proves politically unworkable, then at least pare it down to a retriction on public K-12 only.gunsmoker said:FIXING THE PROBLEM: The legislature should go back and change the law to authorize schools to come up with ADMINISTRATIVE RULES regarding "weapons," the violation of which can not exceed removal from the school. Then the leglislature can make it a "misdemeanor" to possess a dangerous tool, knife, or other non-weapon instrument that is nonetheless likely to cause a serious bodily injury when used offensively against a person. Possession of a firearm, a weapon (designed and marketed to be used as such), a bomb (a real one, not a firecracker or bottle rocket) or possession of any non-weapon dangerous instrument WITH INTENT TO USE SAME AS A WEAPON could remain a felony.