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Is a BB Gun a Firearm?
Posted by: Fairfax22032 ()
Date: June 08, 2009 09:29AM

I figure that someone here can reference the VA code that defines a firearm and whether a BB gun falls into this category. I am trying to determine whether it is OK to use a BB gun in my yard to get rid of a couple of troublesome birds and don't want my neighbors calling the police if they see me sitting on the deck waiting for the right moment.

My sense is that BB guns, airsoft pistols and paintball guns fall into a specific category which governs their use, but does not restrict firing them in residential areas.

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Re: Is a BB Gun a Firearm?
Posted by: WingNut ()
Date: June 08, 2009 09:38AM

;



Edited 1 time(s). Last edit at 06/05/2015 10:17PM by WingNut.

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Re: Is a BB Gun a Firearm?
Posted by: Shadow ()
Date: June 08, 2009 09:44AM

Fairfax code regarding guns.


Section 6-1-1. Definitions.
The words and phrases defined in this Section when used in this Chapter shall have the following meanings, unless a different meaning is clearly required by the context:
Chief of Police means the Chief of the Fairfax County Police Department or the designated agent of the Chief.
Firearm means any gun which will, or is designed to, or may be readily converted to, expel a projectile or projectiles by the action of any explosive; provided, that stud nailing guns, rivet guns and similar construction equipment neither designed nor intended as weapons, shall not be deemed firearms.
Gun means a firearm or pneumatic gun or other similar device designed and intended to expel a projectile through a barrel of any length by means of explosive, expansion or release of compressed gas or compressed air or action of a spring mechanism.
Parcel of land means any lot or lots, or other contiguous areas of land constituting a combined area of not less than twenty acres where all of the landowners, tenants in possession or agents of such landowners and tenants have joined in a written acknowledgement of the rights of persons to shoot on all of such land. However, for the purposes of Section 6-1-2.1, a parcel of land may include contiguous areas that constitute a combined area of not less than one acre.
Pneumatic gun means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure; it includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
Recreational shooting means the discharge of firearms or other guns at fixed or movable artificial targets.
Rifle means a gun designed, made and intended to be fired from the shoulder and designed and made to use the energy of an explosive or compressed gas or compressed air or the action of a spring mechanism to expel a single projectile through a rifled or smooth bore barrel for each pull of the trigger.
Shotgun means a fire arm designed, made and intended to be fired from the shoulder and designed and made to use the energy of an explosive in a shotgun shell to fire through a smooth bore barrel one or more ball shot for each pull of the trigger.
Starting pistol means any device which is designed or functions to simulate the firing of a weapon by means of a primer or other explosive charge, but which cannot be readily converted for use as a firearm as defined in this Section. (5-19-60, § 1; 9-14-60; 9-5-62; 3-4-64; 10-20-65; 10-26-66; 8-2-67; 5-1-68; 9-18-68; 6-25-69; 1961 Code, § 28-1; 2-74-28; 43-93-6, § 1; 21-94-6; 39-96-6, § 1; 24-04-6.)

Section 6-1-2. Hunting or discharge of firearms in certain places prohibited; exceptions.
(a) It shall be unlawful for any person to shoot any gun in any areas of the County which are so heavily populated as to make such conduct dangerous. Except as otherwise provided herein, it shall be unlawful to discharge any gun:
(1) In all areas of the County except those areas which are exempted in accordance with Appendix J to the Fairfax County Code;
(2) On any lot of real property containing less than twenty acres; and
(3) On any parcel of land which is not posted with signs giving reasonable notice that guns are in use on that parcel of land and that no trespassing is allowed. Such signs shall be placed where they can reasonably be seen. However, if firearms are in use on only a portion of any parcel of land which meets the acreage and other requirements of the term "parcel of land," as defined by Section 6-1-1, then only that portion of that parcel of land on which firearms are used shall be posted with signs.
(b) It shall be unlawful for any person to hunt with a gun any bird or game animal on or within 100 yards from any primary or secondary highway. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(c) It shall be unlawful for any person to shoot or hunt with a gun on any public school ground or any public park or on any area within 100 yards of any public school ground or public park. It shall be unlawful for any person who is hunting with a loaded gun to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. This Subsection shall not prohibit either (i) the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii) the lawful possession of a firearm on a public highway within 100 yards of any public school ground or public park. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area.
(d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(e) Except for those persons who are on a parcel of land that is registered in accordance with Section 6-1-3 and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a gun and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. A violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(f) It shall be unlawful for any person to discharge any gun from or across any highway, sidewalk or any public land except on a properly constructed target range.
(g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section:
(1) Hunting with a shotgun, when such shotgun is loaded entirely with ammunition consisting of multiple ball shot on a parcel of land for which the land owners, tenants in possession or agents of such landowners and tenants have been issued an approved registration pursuant to Section 6-1-3 and when such hunting is carried out in accordance with the terms and conditions of such registration and this Chapter; provided, however, that such parcel of land complies with the requirement to post appropriate signs in accordance with Subsection (a)(3) of this Section.
(2) Recreational shooting with any gun by any person who has an approved registration from the Chief of Police and who is shooting on a parcel of land in accordance with that registration.
(3) Shooting or discharge of any gun upon a lawful target, trap or skeet range, or hunting preserve, when such shooting is in accordance with the provisions of any approved registration.
(4) Shooting or discharge of any gun by any law enforcement officer acting in the performance of the duties of a law enforcement agency. For the purposes of this Section the term "law enforcement officer" includes any person defined as a law enforcement officer pursuant to Virginia Code § 9.1-101 and any animal control officer acting in the performance of his or her duty.
(5) Discharge of any gun in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged.
(6) Discharge of any gun for the purpose of protecting any person from death or great bodily harm.
(7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not resulting in the expulsion of a projectile or projectiles.
(8) Discharge of any gun pursuant (i) to an approved registration issued by the Chief of Police or (ii) pursuant to a permit issued in accordance with Virginia Code § 29.1-529 and with an approved registration issued by the Chief of Police, if the discharge is on a parcel of land that contains at least five acres and is zoned for agricultural use; or (iii) pursuant to authorization issued in accordance with 4 VAC 15-40-240 by the Director of the Department of Game and Inland Fisheries.
(9) Shooting or discharge of a gun by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes. (5-19-60, § 2; 9-14-60; 9-5-62; 9-7-66; 10-26-66; 6-25-69; 8-4-71; 1961 Code, § 28-2; 2-74-28; 8-83-6; 43-93-6, § 1; 21-94-6; 39-96-6, § 1; 24-04-6.)

Section 6-1-2.1. Discharge of pneumatic guns in certain places prohibited; exceptions.
Notwithstanding the provisions of Section 6-1-2, a person may discharge a pneumatic gun on a parcel of land containing at least one acre of land in an area designated for the discharge of firearms or other guns in accordance with Appendix J to the Fairfax County Code. Provided, however, no person shall discharge any such pneumatic gun within 100 yards of a public school ground or a public park, and no person shall traverse a public school ground, or a public park while in possession of a pneumatic gun. This Section shall not prohibit any act described in Subsections (g)(3), (g)(4), (g)(5), (g)(6), (g)(7), (g)(8), or (g)(9) of Section 6-1-2, and this Section shall not prohibit: (i) the lawful possession of a gun of the type described herein when such gun is carried for purposes of personal safety; (ii) the lawful possession of a gun of the type described herein on a public highway within 100 yards of any public school ground or public park, or (iii) recreational shooting on gun ranges at any public school grounds operated by or with the approval of that school or recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park. Whenever any minor below the age of 16 uses any pneumatic gun, the minor must be supervised by a parent, guardian, or other adult supervisor approved by the minor's parent or guardian. Any minor using any pneumatic gun shall be responsible for obeying all laws, regulations and restrictions governing such use at all times. Violation of this Section shall constitute a Class 3 misdemeanor. (21-94-6; 39-96-6, § 1; 24-04-6.)



Edited 1 time(s). Last edit at 06/08/2009 09:45AM by Shadow.

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Re: Is a BB Gun a Firearm?
Posted by: WingNut ()
Date: June 08, 2009 09:47AM

;



Edited 1 time(s). Last edit at 06/05/2015 10:17PM by WingNut.

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Re: Is a BB Gun a Firearm?
Posted by: Fairfax22032 ()
Date: June 08, 2009 10:04AM

Shadow...thanks! I probably need an hour to read this carefully, but it seems like the quick answer is "no, it really is not OK to shoot birds from my deck" based on the fact that I have a typical 1/3 acre lot in a residential subdivision.

The birds are on both my front porch and rear deck, so hanging out in the driveway waiting for a kill shot is probably not a good idea, but I may take the chance on the deck since it would be difficult for anyone to see me unless they were walking through my backyard.

This is the strangest problem...there are two male robins attacking my windows and the folks at the Wild Bird Center tell me that they see their reflection as another bird and this is an attempt to defend territory. You would not believe that amount of bird crap that they leave behind and I am getting tired of hauling out the pressure washer every 10 days.

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Re: Is a BB Gun a Firearm?
Posted by: Genevieve ()
Date: June 08, 2009 10:06AM

Why don't you just put up a mirror somewhere in the yard and see if they attack that instead?

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Re: Is a BB Gun a Firearm?
Posted by: Fairfax22032 ()
Date: June 08, 2009 10:23AM

Genevieve Wrote:
-------------------------------------------------------
> Why don't you just put up a mirror somewhere in
> the yard and see if they attack that instead?


Funny you should mention that...we tried mirrors, fake owls and snakes, strips of mylar as a distraction, and covering the windows with sheets and nothing worked. The staff at the Wild Bird Center told me that several customers were experiencing similar problems and it is very unusual this year.

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Re: Is a BB Gun a Firearm?
Posted by: 496 ()
Date: June 08, 2009 10:41AM

If the neighbors object, bust one in their ass.

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Re: Is a BB Gun a Firearm?
Posted by: Shadow ()
Date: June 08, 2009 10:45AM

WingNut Wrote:
-------------------------------------------------------
> Damn, Shadow is fast! Where'd you get that? I
> wanna link!
>
> Try a wrist rocket, they're fun also..


I had it handy since I wanted to know if my kid's airsoft gun was legal to shoot here or not.

There all sort of crap that's illegal that was made illegal because some stupid fuck had to do something assinine and get everyone's panties in a twist. What's frightening, is this is VA, where the gun regs are pretty easy. Other states must be really screwed.

I don't recall the site, some VA code listing site But here's a link for the county police that has it as well.
http://74.125.95.132/search?q=cache:BTpP8XTptAUJ:www.fairfaxcounty.gov/police/newsletter/wsp/may2008.pdf+Fairfax+County+code+on+air+guns&cd=4&hl=en&ct=clnk&gl=us&client=safari

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Re: Is a BB Gun a Firearm?
Posted by: ffxstoner ()
Date: June 08, 2009 12:37PM

I used my paintball gun to take care of my bird problems. Woodpecker pecking on my chimney every morning. It sucked. Turned my tippman up to 500fps and lit that mofo up.

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Re: Is a BB Gun a Firearm?
Posted by: Fairfax22032 ()
Date: June 08, 2009 12:58PM

ffxstoner Wrote:
-------------------------------------------------------
> I used my paintball gun to take care of my bird
> problems. Woodpecker pecking on my chimney every
> morning. It sucked. Turned my tippman up to 500fps
> and lit that mofo up.


We have a woodpecker every morning around dawn and then again mid-morning who taps against an aluminum gutter on our sunroom. The noise sounds like a jackhammer and since it is just outside my office window it can be heard over the speakerphone when I am on a conference call. This is also territorial behavior and since he is the loudest woodpecker around it keeps the others far, far away.

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Re: Is a BB Gun a Firearm?
Posted by: mj91 ()
Date: June 08, 2009 01:55PM

shouldn't be a problem... i play airsoft with my friend in his yard all the time. except one time we went out on the street holding the guns and scared the sh** out of this old lady.

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Re: Is a BB Gun a Firearm?
Posted by: Furfur ()
Date: June 08, 2009 02:18PM

I use this for my rat problems, and I live in a townhouse complex.

Funny, I haven't heard from my neighbors in a while...
Attachments:
barrett_95.jpg

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Re: Is a BB Gun a Firearm?
Posted by: § ()
Date: June 08, 2009 02:33PM

I've had great success with this bad boy in thwarting bird infestations.

Like real guns, it works much better the closer you get to your desired target.


.
Attachments:
GunNintendo.JPG

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Re: Is a BB Gun a Firearm?
Posted by: graymoose1 ()
Date: June 08, 2009 08:40PM

Try a slingshot and small ball bearings

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Re: Is a BB Gun a Firearm?
Posted by: Take a Stand ()
Date: June 08, 2009 10:25PM

§ Wrote:
-------------------------------------------------------
> I've had great success with this bad boy in
> thwarting bird infestations.
>
> Like real guns, it works much better the closer
> you get to your desired target.
>
>
> .


Damn, man that was funny. I was laughing so hard, My co-workers are looking at me.
And yes, wrist rockets are quite handy.. 1/4in ball bearings work wonder, and its fun for the whole family

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Re: Is a BB Gun a Firearm?
Posted by: ThePackLeader ()
Date: June 09, 2009 12:33AM

Fairfax22032 Wrote:
-------------------------------------------------------
> I figure that someone here can reference the VA
> code that defines a firearm and whether a BB gun
> falls into this category. I am trying to
> determine whether it is OK to use a BB gun in my
> yard to get rid of a couple of troublesome birds
> and don't want my neighbors calling the police if
> they see me sitting on the deck waiting for the
> right moment.
>
> My sense is that BB guns, airsoft pistols and
> paintball guns fall into a specific category which
> governs their use, but does not restrict firing
> them in residential areas.


NO, they are NOT firearms, and that is a fact. However, if you commit a crime with one, you will be charged with use and/or possession of a Weapon, possibly even a "Deadly Weapon".

Generally you need about 5 Acres of Property in FFX County upon which you can legally discharge CO2 Guns (Including BB, Pellet, and Paintball Guns). If you have fewer acres (As most of us do), then it really depends upon the feelings of your neighbors (Will they call the Police?), and how likely you are to hit anyone. Remember, more important than the law in this matter, is the safety of everyone involved, and the safety of bystanders as well. If you subsequently decide to employ the use of a C02 gun, despite not meeting the criteria of the Acreage requirement, then make certain that you are firing towards your own house (Unless you have an unoccupied Hill or Woodlands nearby, in order to buffer any misplaced shots).

ALWAYS be aware of your surroundings, and ALWAYS maintain the elements of Proper Firearms safety (Eye Protection, Hearing Protecting Is Not Necessary with BB/Pellet/Paintball Guns outdoors, Only Point At What You Intend To Shoot, Finger Off Of Trigger Until You Have a Confirmed Target, etc.).


For troublesome birds however, what has always worked for me is the use of Firecrackers. Try them first.

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Re: Is a BB Gun a Firearm?
Posted by: Feathered friend ()
Date: June 09, 2009 08:02AM

Fairfax22032 Wrote:
-------------------------------------------------------
> Genevieve Wrote:
> --------------------------------------------------
> -----
> > Why don't you just put up a mirror somewhere in
> > the yard and see if they attack that instead?
>
>
> Funny you should mention that...we tried mirrors,
> fake owls and snakes, strips of mylar as a
> distraction, and covering the windows with sheets
> and nothing worked. The staff at the Wild Bird
> Center told me that several customers were
> experiencing similar problems and it is very
> unusual this year.


I just got a call fom Alfred Hitchcock and he stated you aint seen nothing yet..

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Re: Is a BB Gun a Firearm?
Posted by: BBgunsrlegal ()
Date: June 11, 2009 01:10PM

Shadow Wrote:
-------------------------------------------------------
> Fairfax code regarding guns.
>
>
> Section 6-1-1. Definitions.
> The words and phrases defined in this Section when
> used in this Chapter shall have the following
> meanings, unless a different meaning is clearly
> required by the context:
> Chief of Police means the Chief of the Fairfax
> County Police Department or the designated agent
> of the Chief.
> Firearm means any gun which will, or is designed
> to, or may be readily converted to, expel a
> projectile or projectiles by the action of any
> explosive; provided, that stud nailing guns, rivet
> guns and similar construction equipment neither
> designed nor intended as weapons, shall not be
> deemed firearms.
> Gun means a firearm or pneumatic gun or other
> similar device designed and intended to expel a
> projectile through a barrel of any length by means
> of explosive, expansion or release of compressed
> gas or compressed air or action of a spring
> mechanism.
> Parcel of land means any lot or lots, or other
> contiguous areas of land constituting a combined
> area of not less than twenty acres where all of
> the landowners, tenants in possession or agents of
> such landowners and tenants have joined in a
> written acknowledgement of the rights of persons
> to shoot on all of such land. However, for the
> purposes of Section 6-1-2.1, a parcel of land may
> include contiguous areas that constitute a
> combined area of not less than one acre.
> Pneumatic gun means any implement, designed as a
> gun, that will expel a BB or a pellet by action of
> pneumatic pressure; it includes a paintball gun
> that expels by action of pneumatic pressure
> plastic balls filled with paint for the purpose of
> marking the point of impact.
> Recreational shooting means the discharge of
> firearms or other guns at fixed or movable
> artificial targets.
> Rifle means a gun designed, made and intended to
> be fired from the shoulder and designed and made
> to use the energy of an explosive or compressed
> gas or compressed air or the action of a spring
> mechanism to expel a single projectile through a
> rifled or smooth bore barrel for each pull of the
> trigger.
> Shotgun means a fire arm designed, made and
> intended to be fired from the shoulder and
> designed and made to use the energy of an
> explosive in a shotgun shell to fire through a
> smooth bore barrel one or more ball shot for each
> pull of the trigger.
> Starting pistol means any device which is
> designed or functions to simulate the firing of a
> weapon by means of a primer or other explosive
> charge, but which cannot be readily converted for
> use as a firearm as defined in this Section.
> (5-19-60, § 1; 9-14-60; 9-5-62; 3-4-64; 10-20-65;
> 10-26-66; 8-2-67; 5-1-68; 9-18-68; 6-25-69; 1961
> Code, § 28-1; 2-74-28; 43-93-6, § 1; 21-94-6;
> 39-96-6, § 1; 24-04-6.)
>
> Section 6-1-2. Hunting or discharge of firearms
> in certain places prohibited; exceptions.
> (a) It shall be unlawful for any person to shoot
> any gun in any areas of the County which are so
> heavily populated as to make such conduct
> dangerous. Except as otherwise provided herein, it
> shall be unlawful to discharge any gun:
> (1) In all areas of the County except those
> areas which are exempted in accordance with
> Appendix J to the Fairfax County Code;
> (2) On any lot of real property containing less
> than twenty acres; and
> (3) On any parcel of land which is not posted
> with signs giving reasonable notice that guns are
> in use on that parcel of land and that no
> trespassing is allowed. Such signs shall be placed
> where they can reasonably be seen. However, if
> firearms are in use on only a portion of any
> parcel of land which meets the acreage and other
> requirements of the term "parcel of land," as
> defined by Section 6-1-1, then only that portion
> of that parcel of land on which firearms are used
> shall be posted with signs.
> (b) It shall be unlawful for any person to hunt
> with a gun any bird or game animal on or within
> 100 yards from any primary or secondary highway. A
> violation of this Subsection shall be punishable
> as a Class 3 misdemeanor.
> (c) It shall be unlawful for any person to shoot
> or hunt with a gun on any public school ground or
> any public park or on any area within 100 yards of
> any public school ground or public park. It shall
> be unlawful for any person who is hunting with a
> loaded gun to traverse any public school ground or
> public park or to be within 100 yards from any
> such school ground or park. A violation of this
> Subsection shall be punishable as a Class 4
> misdemeanor. This Subsection shall not prohibit
> either (i) the lawful possession of a firearm when
> such firearm is carried for purposes of personal
> safety or (ii) the lawful possession of a firearm
> on a public highway within 100 yards of any public
> school ground or public park. Nothing in this
> Subsection shall apply to: (i) recreational
> shooting on gun ranges at any public school
> operated by or with the approval of that school;
> (ii) recreational shooting on gun ranges at any
> public park operated by or with the approval of
> the owner of the park; (iii) shooting of a
> starting pistol at an athletic event on any public
> school grounds or public park and which is
> conducted with the approval granted by the owner
> of that school or park property; or (iv) lands
> within a national or state park or forest, or
> wildlife management area.
> (d) It shall be unlawful for any person to hunt
> with a shotgun loaded with slugs. A violation of
> this Subsection shall be punishable as a Class 3
> misdemeanor.
> (e) Except for those persons who are on a parcel
> of land that is registered in accordance with
> Section 6-1-3 and who hunt with shotguns loaded
> with multiple ball shot, it shall be unlawful for
> any person to hunt with a firearm which has a
> barrel caliber larger than a nominal 0.224 inches
> or to hunt with a gun and ammunition combination
> having a muzzle energy greater than a .22 caliber
> rimfire cartridge. A violation of this Subsection
> shall be punishable as a Class 3 misdemeanor.
> (f) It shall be unlawful for any person to
> discharge any gun from or across any highway,
> sidewalk or any public land except on a properly
> constructed target range.
> (g) Notwithstanding the provisions of
> Subsections (a) through (f) of this Section, the
> following acts shall not be violations of this
> Section:
> (1) Hunting with a shotgun, when such shotgun is
> loaded entirely with ammunition consisting of
> multiple ball shot on a parcel of land for which
> the land owners, tenants in possession or agents
> of such landowners and tenants have been issued an
> approved registration pursuant to Section 6-1-3
> and when such hunting is carried out in accordance
> with the terms and conditions of such registration
> and this Chapter; provided, however, that such
> parcel of land complies with the requirement to
> post appropriate signs in accordance with
> Subsection (a)(3) of this Section.
> (2) Recreational shooting with any gun by any
> person who has an approved registration from the
> Chief of Police and who is shooting on a parcel of
> land in accordance with that registration.
> (3) Shooting or discharge of any gun upon a
> lawful target, trap or skeet range, or hunting
> preserve, when such shooting is in accordance with
> the provisions of any approved registration.
> (4) Shooting or discharge of any gun by any law
> enforcement officer acting in the performance of
> the duties of a law enforcement agency. For the
> purposes of this Section the term "law enforcement
> officer" includes any person defined as a law
> enforcement officer pursuant to Virginia Code §
> 9.1-101 and any animal control officer acting in
> the performance of his or her duty.
> (5) Discharge of any gun in an entirely indoor
> target range, provided that adequate provisions
> are made to retain within the structure all
> projectiles discharged.
> (6) Discharge of any gun for the purpose of
> protecting any person from death or great bodily
> harm.
> (7) Discharge of any firearm or starting pistol
> loaded with a blank cartridge, or other
> ammunition, not resulting in the expulsion of a
> projectile or projectiles.
> (8) Discharge of any gun pursuant (i) to an
> approved registration issued by the Chief of
> Police or (ii) pursuant to a permit issued in
> accordance with Virginia Code § 29.1-529 and with
> an approved registration issued by the Chief of
> Police, if the discharge is on a parcel of land
> that contains at least five acres and is zoned for
> agricultural use; or (iii) pursuant to
> authorization issued in accordance with 4 VAC
> 15-40-240 by the Director of the Department of
> Game and Inland Fisheries.
> (9) Shooting or discharge of a gun by any
> representative of the Virginia Department of Game
> and Inland Fisheries in the performance of duty
> for scientific collection or wildlife management
> purposes. (5-19-60, § 2; 9-14-60; 9-5-62; 9-7-66;
> 10-26-66; 6-25-69; 8-4-71; 1961 Code, § 28-2;
> 2-74-28; 8-83-6; 43-93-6, § 1; 21-94-6; 39-96-6, §
> 1; 24-04-6.)
>
> Section 6-1-2.1. Discharge of pneumatic guns in
> certain places prohibited; exceptions.
> Notwithstanding the provisions of Section 6-1-2, a
> person may discharge a pneumatic gun on a parcel
> of land containing at least one acre of land in an
> area designated for the discharge of firearms or
> other guns in accordance with Appendix J to the
> Fairfax County Code. Provided, however, no person
> shall discharge any such pneumatic gun within 100
> yards of a public school ground or a public park,
> and no person shall traverse a public school
> ground, or a public park while in possession of a
> pneumatic gun. This Section shall not prohibit any
> act described in Subsections (g)(3), (g)(4),
> (g)(5), (g)(6), (g)(7), (g)(8), or (g)(9) of
> Section 6-1-2, and this Section shall not
> prohibit: (i) the lawful possession of a gun of
> the type described herein when such gun is carried
> for purposes of personal safety; (ii) the lawful
> possession of a gun of the type described herein
> on a public highway within 100 yards of any public
> school ground or public park, or (iii)
> recreational shooting on gun ranges at any public
> school grounds operated by or with the approval of
> that school or recreational shooting on gun ranges
> at any public park operated by or with the
> approval of the owner of the park. Whenever any
> minor below the age of 16 uses any pneumatic gun,
> the minor must be supervised by a parent,
> guardian, or other adult supervisor approved by
> the minor's parent or guardian. Any minor using
> any pneumatic gun shall be responsible for obeying
> all laws, regulations and restrictions governing
> such use at all times. Violation of this Section
> shall constitute a Class 3 misdemeanor. (21-94-6;
> 39-96-6, § 1; 24-04-6.)


the way i see it it should be legal for children 14 and up to won these with out parental permission or supervision. and they are not a fire arm because they are incapable of killing a person unless shot in EXACTLY THE RIGHT PLACE eg: neck eye or throat

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Re: Is a BB Gun a Firearm?
Posted by: swdhj ()
Date: September 27, 2009 01:36PM

Here is my clear-language interpretation of the requirements to shoot a BB, pellet, or paintball gun in Fairfax County:

OUTSIDE: you have to be on a parcel of one acre or more within the "Appendix J" areas of the county, and you have to be 100 yards from public school grounds and public park land. Children under age 16 must be supervised by parent or guardian.

There are two Appendix J areas, which are basically the less densely developed northern, western, and southern portions of the counties. There are two regions. Region A is basically greater Great Falls, and includes any 1+ acre lot north of Rte 7 and northwest of Towlston Rd. Region B includes any 1+ acre lot west of Rte. 28 (Westfields and western Centreville) or south of Braddock Rd/New Braddock Rd AND west of Ox Road (greater Clifton area and western Fairfax Station), plus south of Rte. 600 Silverbrook Rd and the portion of Lorton South of Lorton Rd or southeast of US-1 Richmond Highway AND west of Accotink Creek and Accotink Bay. This includes all of Mason Neck.

INDOORS: you may shoot a BB/pellet/paintball gun if entirely indoors (shooter to target all indoors), which is possible in an unfinished basement of a large house. If you shoot entirely indoors, it can be located anywhere in the county, may be in a house next to school or park property, and does not have to be on a 1+ acre lot.

Read and understand Chapter 6 and Appendix J (use "More..." to get to Appendices) in the Fairfax County Code, listed here:
http://www.municode.com/resources/gateway.asp?pid=10051&sid=46

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Re: Is a BB Gun a Firearm?
Posted by: trogdor! ()
Date: April 09, 2011 12:20PM

swdhj Wrote:
-------------------------------------------------------
> Here is my clear-language interpretation of the
> requirements to shoot a BB, pellet, or paintball
> gun in Fairfax County:
>
> OUTSIDE: you have to be on a parcel of one acre or
> more within the "Appendix J" areas of the county,
> and you have to be 100 yards from public school
> grounds and public park land. Children under age
> 16 must be supervised by parent or guardian.
>

> Read and understand Chapter 6 and Appendix J (use
> "More..." to get to Appendices) in the Fairfax
> County Code, listed here:
> http://www.municode.com/resources/gateway.asp?pid=
> 10051&sid=46

Update on this. It looks like the Governor just signed a bill ( http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb757 ) that clarifies the Virginia code to prohibit localities from banning pneumatic gun firing on private property:

"B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges or, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. "

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Re: Is a BB Gun a Firearm?
Posted by: curious ()
Date: April 09, 2011 02:33PM

Looks like I'm not the only one to follow lis-
The bill was opposed by FX County-

For the record, you are not allowed to kill ANY migratory birds, ie, any birds at all besides ducks or pigeons.

Also, you are not allowed to hunt ANYTHING, including with a pneumatic gun, on Sundays. I believe there is an exception for early Sunday morning raccoon hunting ;)

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Re: Is a BB Gun a Firearm?
Posted by: lollz ()
Date: June 24, 2011 06:09PM

you could use a coil gun.

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Re: Is a BB Gun a Firearm?
Posted by: Tim Osman ()
Date: June 24, 2011 06:19PM

BB guns are not legally classified as firearms, but they are weapons that you can't carry in public outside the domain of your domicile. You can discharge them on residential private property, but keep in mind that you are legally responsible for any mishaps that may occur regardless of whether said use is legal or safe in nature.




Fairfax22032 Wrote:
-------------------------------------------------------
> I figure that someone here can reference the VA
> code that defines a firearm and whether a BB gun
> falls into this category. I am trying to
> determine whether it is OK to use a BB gun in my
> yard to get rid of a couple of troublesome birds
> and don't want my neighbors calling the police if
> they see me sitting on the deck waiting for the
> right moment.
>
> My sense is that BB guns, airsoft pistols and
> paintball guns fall into a specific category which
> governs their use, but does not restrict firing
> them in residential areas.

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Re: Is a BB Gun a Firearm?
Posted by: dika-dika ()
Date: June 24, 2011 06:29PM

Don't listen some of the bull posted here. Shoot some one with it and you find out real quick what it considered.

-------------------------------------------------------------------------------------

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Re: Is a BB Gun a Firearm?
Posted by: CERTenly ()
Date: June 24, 2011 08:00PM

Agree with the poster before my poster. Guns not to played with. Stupid law. Bullet you listens here. No crossy the line or yous do the time.

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Re: Is a BB Gun a Firearm?
Posted by: Lawyer Dude ()
Date: June 25, 2011 05:45PM

Hey all, things have recently changed.

Virginia has just passed a law forbidding local counties/cities/towns from preventing a person from firing a pneumatic weapon (bb gun, pellet gun, paintball gun) on their own property, "when conducted with reasonable care to prevent a projectile from crossing the bounds of the property."

Legislative history here:

http://leg1.state.va.us/cgi-bin/legp504.exe?111+sum+SB757

It goes into effect July 1, 2011.

At the last Fairfax Board of Supervisors meeting (June 21), the Board voted to amend the local ordinance to reflect this state law.

The bottom line is, if you are responsible, and take the precautions to not allow the projectile to cross your property line, then plink away starting this Friday morning.

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Re: Is a BB Gun a Firearm?
Posted by: dika-dika ()
Date: June 25, 2011 05:53PM

Lawyer Dude Wrote:
-------------------------------------------------------
> Hey all, things have recently changed.
>
> Virginia has just passed a law forbidding local
> counties/cities/towns from preventing a person
> from firing a pneumatic weapon (bb gun, pellet
> gun, paintball gun) on their own property, "when
> conducted with reasonable care to prevent a
> projectile from crossing the bounds of the
> property."
>
> Legislative history here:
>
> http://leg1.state.va.us/cgi-bin/legp504.exe?111+su
> m+SB757
>
> It goes into effect July 1, 2011.
>
> At the last Fairfax Board of Supervisors meeting
> (June 21), the Board voted to amend the local
> ordinance to reflect this state law.
>
> The bottom line is, if you are responsible, and
> take the precautions to not allow the projectile
> to cross your property line, then plink away
> starting this Friday morning.


Short meaning. Build you a range with a "backstop" on your property.

-------------------------------------------------------------------------------------

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Re: Is a BB Gun a Firearm?
Posted by: justsayin ()
Date: June 27, 2011 07:47AM

Lawyer Dude Wrote:
-------------------------------------------------------
> It goes into effect July 1, 2011.
>
> At the last Fairfax Board of Supervisors meeting
> (June 21), the Board voted to amend the local
> ordinance to reflect this state law.


Actually now that the county code is amended it should be fine to do that as of the morning of June 22. The state law didn't suddenly allow this behavior in the state, it forbade localities from limiting it in their own code. Now that the code is amended, the county no longer bans it. July 1 was just the deadline, after which the county prohibition would have been meaningless.



Edited 1 time(s). Last edit at 06/27/2011 07:47AM by justsayin.

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Re: Is a BB Gun a Firearm?
Posted by: Derr ()
Date: April 04, 2014 04:08PM

Hit the birds with the pressure washer.

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Y use a BB Gun when you can set and forget Bird-B-Gone
Posted by: V. Mathews ()
Date: April 04, 2014 04:20PM

http://www.amazon.com/Bird-Gone-MMTBG-Transparent-10-Ounce/dp/B0035XKDP6/ref=cm_cr_pr_pb_t

purchased this product to rid a house of nesting pigeons ... Too date, it appears to be working ... The gel is in a canister that is applied using a chalking gun ... Easy to apply BUT DON'T GET IT ON YOUR HANDS! Very sticky stuff! ... The birds don't like the feel of it on their feet ... So far, So good! I would highly recommend the product ...

It's still sticky ... and repelling birds ... after 18 mos.

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Re: Is a BB Gun a Firearm?
Posted by: JC ()
Date: April 04, 2014 04:41PM

Back in the late 70's in Springfield when I was 13, my friend and I were charged with "discharging a firearm" when the police found us shooting a Crossman 760 airgun at an oak tree down by a creek to set the gun's sights. I remember asking my Dad how an air rifle qualified as a FIREarm since it used no gun powder and he told me to shut up!! 8-)

When it got to juvi court, the judge laughed his ass off and dismissed the charge. That was back before judges and everyone else was caught up in this moronic zero-tolerance bullshit we find ourselves in now
...

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Re: Is a BB Gun a Firearm?
Posted by: birds ()
Date: April 04, 2014 04:43PM


This would be the most fun

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Re: Is a BB Gun a Firearm?
Posted by: V4mv4 ()
Date: April 04, 2014 06:05PM

:) short range ballistic. long range are int'l illegal.

----------------------
bb guns at K-Mart are legal for kids , are not of serious power / range

however there are hunting bb guns those are regulated as weapons

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Re: Is a BB Gun a Firearm?
Posted by: ^^^^^^^^^^^^^^^ ()
Date: April 04, 2014 06:14PM

^^^^^^^^^^^^^ What a maroon ^^^^^^^^^^^^^^

... likely 100% in favor of ensuring only criminals have guns, except 'the authorities.'

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Re: Is a BB Gun a Firearm?
Posted by: ATF Guy ()
Date: April 04, 2014 06:16PM

We don't regulate "hunting bb guns" yet.

Don't worry. THey're on our long list of things to do.

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Re: Is a BB Gun a Firearm?
Posted by: G7jNL ()
Date: April 04, 2014 08:01PM

that's not what a judge i used to know said

---------------------------------
go check your books again. you missed something

for one your briain. of course anything that could be deadly is regulated (ie, for children). of course.

hunting bow i doubt a child can pull back

-----------------------------
so go get one let a kid cause disaster and see if they do not apply the law just as so. i told you.

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Re: Is a BB Gun a Firearm?
Posted by: exffx ()
Date: April 04, 2014 08:09PM

Get a slingshot. They're more fun anyways.

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