Air Gun Regulations

Well, If anybody here is watching, San Diego passed new law today that requires gun owners to pay $25.00 annual fee and proof of liability insurance. So, there it is, a law that will most likely prevail legal challenges. How will they determine a cost for that insurance. I think a lot of gun owners are a bit nervous tonight, yikes. I see something like this finding its way into cities all across the land. 

My point, we should be doing everything we can to stay out of being put into the firearms category. But the pursuit of bigger / badder is going to be the flame that draws the moths attention. Agreed, as stated above, not a threat for mass shootings, but will be perceived as a dangerous weapon to be sure. Especially with all the evidence all over the internet to showcase their ability for long range big game hunting.

As I said in earlier post, the only reason I can figure for more power and bigger ammo is to keep selling new stuff to stay in business. A guy can only have so many different rifles, right. WHEN an air rifle is more powerful than a powder gun, and some IDIOT does some stupid crap, trouble for all of us will not be far behind.

I like that I can shoot my little .22 cal pcp on my property without fear, I just wish I knew how to keep it that way?????????
 
Several states have already included air rifles in their firearm regulations. Remember, states and local governments can define firearms as they want, they aren't limited to the Alphabet org definitions and exemptions. They can call a slingshot a firearm if they wish. Yes, the emphasis on HP air rifles will totally change the landscape.

Which would most likely violate the supremacy clause of the constitution.

"The federal government has broad powers under the Supremacy Clause to create, regulate, and enforce the laws of the United States."

https://www.findlaw.com/litigation/legal-system/the-supremacy-clause-and-the-doctrine-of-preemption.html

The supremacy clause does not just apply to laws, it also covers federal rules and regulations. So changing the definition of what a firearm "is" would not be allowed. It will just take someone to challenge the state definition.



I believe a state or other jurisdiction would be sustained on any constitutional challenge here. They are neither attempting to change federal law, nor violating it, they are simply writing a law for that specific state, city, etc. A state could not, for example, allow firearms to transfer with no Alphabet org Form 4473, since it is required by federal law. But, the requirement of that form, or a separate state form, for the transfer of something other than a "firearm" as defined by Alphabet org regulation would, I believe, be upheld. But, I hope you're right!
 
Well, If anybody here is watching, San Diego passed new law today that requires gun owners to pay $25.00 annual fee and proof of liability insurance.

Correction. That would be San Jose, Californica..which makes a little more sense. The great irony of the ordinance is that it only applies to "owners of legally registered firearms"..how senseless is that? Further gun owners that don't get insurance won't lose their guns or have to pay a fine or face criminal charges. WSJ article did not mention a $25 fee.

Pretty sure it will fail a Constitutional challenge. Charging a fee or mandating insurance for a 2nd Amendment right? That's like saying you have to pay a fee or get insurance to vote. LOL
 
 My apology, San Jose It is. KWK ,What does " illegitimate generation " even mean? I'm 62, which generation are you referring to? Mine , my son, my grandson ? I'm not trying to be provocative, I just wonder what you mean by that. Would you care to elaborate? I'm awake most everyday, I don't always smell coffee, but in the morning it smells great when I wake up. I suppose we can mostly thank lawyers trying to find a way to make a buck for the majority of senseless nonsense. 


 
Title should be changed to Increase in Air Gun Regulations. Is there a place or places in the USA where Airguns or their use is unregulated? That is the question?

What are you referring to as regulation? I’m in Oklahoma and cannot say there is zero regulation, but not in the sense of the discussion being had here. They are regulated in hunting, but to me that’s regulating state controlled game animals not airguns. There are city ordnance's, but that isn’t regulation. Cities have more ordnance’s than can even be imagined. 


I live on a couple hundred acres with two clear, clean, cold creeks a couple miles outside my small town. I’m able to do with, buy, sell, and ship my airguns as I please. 


Beau
 
Title should be changed to Increase in Air Gun Regulations. Is there a place or places in the USA where Airguns or their use is unregulated? That is the question?

When I lived in Hornbrook CA I was able to shoot my airgun in my yard. I also had no problems whatsoever in Yreka CA. 



. . . well, one thing, I was shooting one afternoon and the police showed up and wouldn't stop shooting my airgun until they got called somewhere else, but that wasn't a big issue. 
 
Title should be changed to Increase in Air Gun Regulations. Is there a place or places in the USA where Airguns or their use is unregulated? That is the question?

When I lived in Hornbrook CA I was able to shoot my airgun in my yard. I also had no problems whatsoever in Yreka CA. 



. . . well, one thing, I was shooting one afternoon and the police showed up and wouldn't stop shooting my airgun until they got called somewhere else, but that wasn't a big issue. 

Yes, I also shoot on my property with no worries. Doesn’t mean I can just use my air gun anywhere I like to, hence regulations. That’s what I’m speaking about.
 
Just because you can’t do whatever you want whenever you want to with your airgun doesn’t mean your airguns are under regulation. There’s nothing on the books that limit my use of airguns in Oklahoma, with the exception of game animals and city ordinance. I think there’s probably quite a few places in the country that are the same.
 
L Leon, what is your point? Should you be able to head on down to the Walmart parking lot and pop off some rounds? As I said earlier, I do not believe common sense and safety, that any regulations prevent you from finding a safe place to enjoy your hobby. 

I had a drone for awhile. Do you know they have some pretty strict regulation on those things, again safety, common sense. 
 
Just because you can’t do whatever you want whenever you want to with your airgun doesn’t mean your airguns are under regulation. There’s nothing on the books that limit my use of airguns in Oklahoma, with the exception of game animals and city ordinance. I think there’s probably quite a few places in the country that are the same.

Beau, you might be surprised. I had no idea that shooting my air rifle in the yard was prohibited, until I recently researched it. And yep, it's against the law here. As with many things, laws are passed and, often, largely ignored. If a neighbor were to complain, then I would likely be without defense, so, it gets back to the common sense thing. You may be luckier than you realize.
 
Ed,
I think we’re getting regulation and city ordinances confused here. City ordinances are not laws, they weren’t voted on by elected officials, they were just dreamed up by some city council members and appointed officials. Yes you can get in trouble for them in said city, but it’s not state law. Not saying there aren’t laws on the books, there very well could be and as you say we won’t know about it until they decide they need to use said law. I’m not lucky my friend, I’m fortunate to have a good piece of property in a good state as far as freedoms go. A city can make ordinances (law that only applies in said city) for any damn thing they want, and they often do.
 
Ed,
I think we’re getting regulation and city ordinances confused here. City ordinances are not laws, they weren’t voted on by elected officials, they were just dreamed up by some city council members and appointed officials. Yes you can get in trouble for them in said city, but it’s not state law. Not saying there aren’t laws on the books, there very well could be and as you say we won’t know about it until they decide they need to use said law. I’m not lucky my friend, I’m fortunate to have a good piece of property in a good state as far as freedoms go. A city can make ordinances (law that only applies in said city) for any damn thing they want, and they often do.

I'm not sure I see the practical distinction. Whether state or federal law, local ordinance, or even subdivision covenants, these are all rules that can, and do, influence our use of air rifles. Certainly, the enforcement of each lies in different hands, and the severity of penalties can be very different. But, as a practical matter, thinking only of our ability to shoot our air rifles on our own property, the end result is essentially the same. Regardless of the origin of the rule, law, regulation, ordinance or covenant, each can effectively restrict our use of air rifles. Obviously, all of them can be subject to judicial or other appropriate review, which often leads to winning a battle, but losing the war.
 
Oh ok I understand what you’re saying. I see them as two completely different things, maybe because I don’t live in a city. I’m afraid it’s a loosing battle living in a major city though, or a battle that will be lost a little faster. I don’t see this as an issue with airguns necessarily, more of an issue with cities. In a couple smaller cities I’ve lived in, anything that would hurl a projectile or missile as they put it in law, was against city law to use inside city limits. That’s a pretty straight forward fix if you live in a decent state, get out of the city. Word is a lot of them aren’t looking very healthy at the moment anyway. 


I was alluding to state and federal regulation on airguns. Trying to fix the issue of city ordinance is a fight not worth fighting, not that you’re going to get squat done on a state or federal level either. But going to city hall meetings and speaking up could possibly slow down unregulated use becoming regulated. I guess it could also put it on the radar. Again most of these people are not elected, their appointed. So these people don’t have to answer to you. It’s hard to change policy when no one can be held accountable, we’ve seen this in all levels of government within all parties of government over the past few years.