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http://www.twincities.com/mld/pioneerpress/news/local/16223874.htm
Minnesota court rules BB gun is a firearm
BY SHANNON PRATHER
Pioneer Press
A convicted felon barred from carrying a firearm broke the law when he started toting a BB gun, the Minnesota Court of Appeals has ruled.
John Fleming Jr. couldn't legally carry a gun because of two felony assault convictions, so he packed a BB gun instead.
Ramsey County prosecutors decided Fleming was splitting hairs and charged him with unlawful possession of a firearm.
Fleming won when a Ramsey County District judge threw out the charge, ruling the statute doesn't apply to BB guns. But the appeals court ruled prosecutors could again take aim at the two-time felon.
The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."
Fleming is accused of carrying a black metal BB gun that discharges a pellet by means of a CO2 cartridge.
Minnesota court rules BB gun is a firearm
BY SHANNON PRATHER
Pioneer Press
A convicted felon barred from carrying a firearm broke the law when he started toting a BB gun, the Minnesota Court of Appeals has ruled.
John Fleming Jr. couldn't legally carry a gun because of two felony assault convictions, so he packed a BB gun instead.
Ramsey County prosecutors decided Fleming was splitting hairs and charged him with unlawful possession of a firearm.
Fleming won when a Ramsey County District judge threw out the charge, ruling the statute doesn't apply to BB guns. But the appeals court ruled prosecutors could again take aim at the two-time felon.
The appellate court reinstated the charge against Fleming, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."
Fleming is accused of carrying a black metal BB gun that discharges a pellet by means of a CO2 cartridge.