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Slavia · Moderator

I was just reading an article about airgun hunting in the IHEA Journal (International Hunter Education Association). The author says "recognizing the capability of powerful airguns has led some states to classify them as firearms with the same restrictions on purchasing, ownership, and use. For example, in my home state any .177 caliber that has a muzzle velocity over 700 ft/sec and any air rifle of caliber larger than .18 caliber are classed as firearms. Buying such an airgun requires a background check, a waiting period, and filing ATF Form 4473."
I was aware of age restrictions for purchase, limitations on mail orders, hunting restrictions in some states, and discharge prohibitions in local jurisdictions, but background checks, waiting periods, and ATF involvement? I was under the impression that the ATF did not include airguns in its regulation of firearms.

The use of "state" and "ATF" suggests the U.S. - which states would those be?

House, James E., IHEA Journal, "Hunting And The Airgun," Fall 2010, V. 10, No. 3, p. 30.

jlwilliams · Veteran Member

If you read the RI state laws, airguns are defined as firearms and should be transfered by licensed dealers. But that's not the way the law is enforced. Reading the law is one thing. It says what it says. No retailer has ever been required to follow that law. That is emblematic of Rhode Island law and politics. It is one fudged up state, I'll tell you that.

Here in CT, they define airguns differently as far as licensing is concearned, but if you hunt with them they are defined within the hunting regulations as being interchangeable with firearms. Likewise, if you break the law using or posessing an airgun, you will be charged as commiting the crime while armed. Kind of a fense stradling, legaly speaking.

As far as the BATFE involvement goes, I think that's tenuous. Bear in mind, the BATFE doesn't actually keep the 4473 forms. They require retailers to hold them for a certain amount of time (I don't recall how long that is) and they require FFL holders to keep an aquisition and disposal record, which the BATFE gets when the licensee relinquishes the FFL. Now, a state may require the retailers to fill and keep the ATF forms, just to intimidate the airgun buyer and make them thik "We know what you have" but that is pure BS and misuse of the federal forms. They can also require the dealers to call in a NICS check, but that doesn't equate to registering your airgun. "They" know you had a NICS check called in, but "They" don't know if you bought an AR15 or what you did or didn't actually walk out the door with. I can't help but think that an FFL holder who's state requires that crap is going to file the airgun 4473's in the shredder. If he doesn't, when the BATFE audits his files (which they do routinely) the agent will tell him "don't waste my time with a file full of stuff that has nothing to do with my job"

You may want to write to the author of the article. Usualy if you write a letter to the author, care of the magazine itself, they will forward it to that writer and your letter will get through. If you write and ask him for greater clarification you may get some more info. Don't forget to include your email address along with your physical address in the letter's footer. Written paper letters are more likely to get seen and responded to than an email inquiry. Writen letters just get more significance attributed to them. At the same time, the writer is more likely to respond if it's easy for him to do so, so if he can email you that's easy. If you don't want to take the time, will you PM me with some sort of contact info and as much reference to the article as you can?

I'll be interested to hear more about this myself.

justsayno · Member

I know it's a old post. I was doing research on Firearms, and it came up under google.

http://courts.delaware.gov/OPINIONS/download.aspx?ID=137870

Basically, they tried and found this guy guilty of using a firearm (bb gun, pellet gun) Deady gun.

Pleading the 5th on why I don't like this.