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Advice...what are my rights?

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A relative of mine just got out of prison and he is on parole in California.He told me last week he could not own a pellet gun because he can't be in possession of a dangerous weapon and BB guns and pellet guns were specifically mentioned as examples of dangerous weapons. He also told me no airsoft weapons because they look like regular guns. I don't know if after he is off parole that will change or not.
 
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It all varies depending on state laws. From a federal perspective, no background check is "currently" needed to buy an Airgun, so no yellow paperwork gets filed at the gun store, or FFL dealer, so no BATF background check occurs. You could go into a local bass pro or cabelas in your state and purchase one over the counter, no questions asked. However, if your resident state and county classifies Airguns as a firearm, or dangerous or controlled weapon, and you are caught... You might be FUBAR'd, no dice, do not pass go, no $200.... Ignorance of the law, is not conducive to favorable treatment either. You need to be observant, compliant, and you need to check your state laws and county ordinances for where you live to be certain. Also, if you use that Airgun for hunting or use in other states or counties, they must all comply too...
 
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I didn't came trough ALL the posts and I'm not even American, I'm french..
But as a law student in his 5th year at the university, I'd highly recommand you definitely not to call a cop as they now the general lines of the law and they won't go deeper than what they know, I mean, they'll probably think "you can't own a firearm, that's clear sir, you can't own an arm, gun, rifle." and they won't make any difference on whether it's an air rifle or not
Concerning the judge, I'd stay away from this idea as you don't know who picks the phone up.. It might be a cool one, or it might be a ****head who gonna have preconceived ideas after hearing what you've said here on the forum and just think that you remain the same ULTRA DANGEROUS guy.. Well you see what I mean ^^

What I'll do though is give a call to a lawyer of your state and ask him your question. He'll be impartial and he might just give you the answer you're looking for and if he hasn't enough time to deal with it unless you have a meeting? Well.. Just call another one =)
This way, you can remain anonymous and not bring the light of the law on you, even if you have nothing to hide, and you'll be able to obtain a clear and unbiased answer =]
My 2 cents =)
Hope it helps and that everything goes as you wish mate =)
 
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Jacklegs, interesting story. Glad you're on the straight and narrow. Sounds like you really got jerked over. The cops caught you, so they blamed everything on you, just so they could close a bunch of open cases.

In my local airgun club today, a powderburner (PB) guy walked in, looking for something else. He was fascinated. One of the guys said: "They're just airguns, but..." I cut him short and said: "What do you MEAN: 'Just airguns'?! Most of us upgraded from PBs. :-D" I haven't shot any of my PBs since I got into airguns. Airguns are so much more shootable.

Anyway, onto my recommendation:
  1. You said you read your state's laws, and airguns are not considered firearms there. It sounds like you're good to go, but that you still have some doubts.
  2. You said you can afford any airgun you want. Spend a few bucks and consult with a lawyer to confirm. Then, you can go into it with a clear head.
  3. Follow your gut and get that .25 Cricket. They're great guns. Quiet and accurate and easy to shoot well. Any starling or pigeon will be in mortal danger within 100 yards or so.
  4. For the glass, I'd recommend an Athlon Argos scope. It has a nice range of zoom, a lit mil dot reticle, to help with your hold-overs, it's nice and bright, with clear glass everywhere in the zoom range, and since it's First Focal Plane, the reticle zooms with the magnification, so your hold-overs are the same no matter what magnification you're at. For an FFP scope, they're quite reasonably priced at just a bit under $400.
    [/LIST=1]
    All the best!
 
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I could see an over zealous prosecutor stand and say this cricket appears to be an assault rifle and has similar power to certain types of rimfire ammo and are therefore dangerous and in violation with the intent of the law.

But my best advice is to find a different hobby, one of your main goals in life is to never go back. The corrections industry loves to incarcerate previous offenders, its fast and easy for them as opposed to going out and finding new people to lock-up. Air-gunning is fun and all, but it's not worth a potential return to jail.

Consider golf, it involves sending low speed projectiles towards a target so it is sort of like air-gunning.
 
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I'd second the advice to contact the NRA and to avoid attorneys because the answer to these and many other legal questions is vague and subject to interpretation. This is not a math problem and an attorney will charge you a lot of money to give you a best guess answer.

If I were in your shoes and wanted to get the clearest answer possible, I'd contact the district attorney for my city or county and schedule an appointment to go in and speak with them in person. This is the person who would be responsibile for deciding whether or not to prosecute you if you were accused by the police of violating the law. And in that sense, their opinion counts a lot more than that of any attorney you might speak with. I suspect they would also appreciate your efforts to be proactive and speak with them before making any decisions.

Good luck

R
 
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A lot depends on the terms of your parole/release too. Not all felons are bound by the same terms. No felon can have a firearm, but archery or airguns may be allowed. I deal with a few convicted felons who have airguns here in California and are legal to own and hunt with them, I know a few that it is a violation for them to have any weapon, including sling shots (one shot a guy with a bow, and is prohibited from any projectile weapons)

Sounds like yours was a non-violent crime, so normally there is no prohibition about other weapons. The terms of your release should state your prohibitions? Do you still have a PO you can contact? I am assuming you are long off formal parole. It is a lot more convoluded than just a firearm definition. Our parolees here or PCRS releases all have different terms of their release, and are checked upon contact. Those change while on formal parole, to informal, ect.

If you just have the firearm/ammo prohibition as a felon, then likely you can have an airgun. My suggestion is to find out your release terms, contact your PO or a lawyer, and carry the release terms and legal definitions with you in case you are stopped to protect yourself.

Good luck.
 
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what mousefart said. 
the definitve thing to do is do the research yourself for your state. that shoud keep any ambiguity to a minimum. if it turns out that you can legally own an air rifle, i'd keep all paperwork saying as much on your person anytime you're shooting. especially if its signed by an attorney, LEO, etc.
have copies in your vehicles, wherever you store the gun and so on.
 
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