[geeks] Geek-gun?

[James Lockwood]

Sent this yesterday to another post but it never showed.  Apologies if it
shows up twice.

On Wed, 19 Jun 2002, Tim H. wrote:

> umm, OK, so we have here a plastic cannon, firing vegetables, a well
> known college hobby.  Is there really a possible legal problem?  I
> realize our country (USA) is paranoid and leaning in the direction of a
> police state right now, but jeez, spudguns.  Of course I have heard that
> wrist rocket type slingshots are illegal in NY state, so I would believe
> it.

See the 1968 National Firearms Act.

Silencers are legal to manufacture and own by Federal law. To manufacture
one, however, you usually have to have a manufacturers license from the
BATF.  Alternatively you can request permission from the NFA branch of the
BATF if you will never sell or transfer it and are in a Title II friendly
state.  You will have to stamp it with a serial number and have this S/N
registered.

To own one, if you live in a state, county and municipal area that has not
prohibited this, you go through the same procedure as you would for a
machine gun (BATF form 4, $200 tax, FBI background check, etc).
Individuals will have to have a head of law enforcement (which can be at
the local, county or state level) sign off on form 4 stating that they
know of no reason why the ownership should not be approved.  If all of the
applicable persons or their delegates refuse for no adequately explained
reason and the request is not contrary to state, county or local law, you
can petition the BATF to waive the requirement.  If they don't, you can
sue them (good luck!) or form a corporation to acquire the items through.
Corps do not have to get local approval or submit fingerprints but they
are exempt from the normal rights against self-incrimination and records
of the process are available to law enforcement.

The BATF has declared silencer "parts" to be the same as owning a
silencer, people have been sent to jail for nothing more than a section of
muffler pipe and fender washers on paintball guns.

A potato gun could fall under the regulations for a "Destructive Device"
due to the large barrel size and "lack of sporting purpose".  The fact
that it is a muzzle loading cannon is a highly iffy defense as it is not a
reproduction of an antique design.

In some states such as California, you will not be granted an exemption
unless you are filming a movie with the prop.  Some states ban Title II
devices for everyone except law enforcement and members of the National
Guard (such as New York).

Few government organizations have less of a sense of humor than the BATF.
They make the laws, they enforce them, and they are not required to even
advertise precisely what they are.  Try to find formal specs on what is or
is not illegal and you will find one answer: whatever the BATF wants it
to be _in the context of that case_.  Precedent exists but it is
incomplete and often violated.

> <stupid legislator>
> "It's made of plastic? Why, you could carry that unnoticed through an
> airport metal detector!  Possession of a spud gun should definitely be a
> felony"
> </stupid legislator>

It certainly can be.  If your local jurisdiction considers it a weapon
then it is (in my mind) clearly NFA Title II.  $10k fine, 10 years in
jail, jailtime is near mandatory even for first offenders.

Sure, they might not go after you.  If they do, you're sunk.

-James