They come in large bore .50 mm shotguns, or as small as a pistol. The rifle/shotgun models can take down a large deer, or boar at 100 yards.
The Red Ryder air gun, powered by spring action, was promoted as a child’s toy, that according to the movie
A Christmas Story, was something you can take your eye out with.
The relatively new ‘air guns’ use a co2/air-fired projectile that can easily penetrate flesh. Many take little notice when news reports say “A gun was pulled on a victim, but turned out to be only a b-b gun…or…turned out to be a toy” The new breed of handguns fire a steel projectile (b-b) that can kill. Even the pistol version is sold for hunting small game. Some can be purchased by anyone for as little as $20. Often manufacturers place an orange tip on the end of the barrel, but that is not required by law. Some states have regulated their use, most have not.
According to the New York State Police Pistol Permit Division, they are not deemed a “firearm” and therefore, cannot be regulated. “It is amazing what they are coming out with and, they are deadly silent,” said a Division spokesperson.
The “guns” look like real pistols with today’s improvements, but police agree that, unlike toys, they can easily kill. “The current ‘weapons’ laws do not cover the carrying, or use in a crime, of these types of “firearms”, said the Pistol Division representative. “They push out some power at feet per second. “Yeah, there are no regulations. They are not deemed a firearm and therefore, do not need to be regulated and are not defined by law. Yes, a convicted felon could easily buy one,” he added.
Last week a Mexican migrant in Wayne County was sleeping in his bed when three masked men entered and shot him 10 times. Luckily they failed to penetrate the man’s skin and, equally lucky, according to police, they were the old style b-b guns. He was treated and released from the hospital and left the country shortly after.
Last week, the New York State Department of Environmental Conservation announced that they will be accepting public comment through February 8, on a proposed regulation change that would make it legal to hunt big game with big bore air rifles throughout the state.
In a press release on December 23, the DEC’s Acting Commissioner Basil Seggos said that the popularity of airpowered rifles has been growing, due in part to more advanced technology.
“These modern firearms produce the force necessary to efficiently harvest big game animals,” Seggos said in a written statement. “In addition, big bore air rifles are not as loud as conventional rifles or shotguns, allowing their use may make hunting more acceptable in locations with higher human densities, including areas where deer are overabundant.”
Crosman, one of the worldwide leaders in airgun manufacturing, is headquartered in Bloomfield, N.Y., just outside of Rochester. According to Crosman’s Marketing Manager Chip Hunnicutt, legalizing the use of air rifles for big-game hunting has been a long time coming.
“Crosman has been in the Rochester area since 1923 and since 1923 these guns have been used for getting pests out of the attic, squirrels out of the pecan trees and that sort of thing, so the natural evolution has been leaning towards bigger game,” Honnicutt said. “If the guns are capable then, by golly, let us do it legally.”
Hunnicutt noted that the use of air rifles for big-game hunting is legal in many other states and has become widespread. He said Crosman makes guns that are powerful enough to take down bears and that a Crosman pro staffer recently shot a buffalo using an air rifle.
“I do however have a concern with the possession and sale of these high powered air rifles and pistols to those mentally ill, felons and parolees as there seems to be a gap in the law covering the possession of air rifles and handguns. A prior felon may possess an air rifle; there is no statutory provision that is on point,” said Wayne County Sheriff, Barry Virts. “However, the model jury charge that addresses this question seems to make clear that it is not prohibited:83:19. Possessing— Another charge (air gun)—Prior felony conviction—Model charge Under the Penal Law a person is guilty of criminal possession of a weapon in the fourth degree if he has in his possession a rifle or shotgun and had been previously convicted of a felony or a serious offense.
1. The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
2. The term “shotgun” is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile with each single pull of the trigger.
3. To return a verdict of guilty against the defendant, you must find, beyond a reasonable doubt, that defendant was in possession of a rifle or shotgun, within the meaning of the terms “possession” and “rifle” or “shotgun” as I explained it to you previously. In addition, the People must prove beyond a reasonable doubt that defendant has been previously convicted of a felony or serious offense. Unless the People have proven that defendant has previously been convicted of a felony or one of the specified serious offenses, you must return a verdict of not guilty.
It seems that the rifle in question must make use of an “explosive in a fixed metallic cartridge”, i.e, a bullet. Under this interpretation, a prior felon would be able to possess an air rifle or an air pistol for that matter, as the law makes no distinction between the two.
The SAFE Act did not add any new provisions to the Penal Law or Criminal Procedure law with respect to air rifles or handguns.
“If an appropriate person possesses an air rifle or pistol I have no concern, but, with the power these instruments have to be in the wrong hands, is a concern to me,” the Sheriff added. The use of air rifles to hunt small game has been legal in New York State since 2010. If the proposed regulation change is adopted, they’ll be able to be used legally for big game at the beginning of the fall 2016 hunting seasons. According to police interviewed for this story, the problem again arises that the law has perhaps not kept up with technology.
According to Walworth Custom Shop Gun Shop owner, Dave Dentico, the higher powered shotguns and rifles need to be charged with bulky air tanks (like those used for scuba tanks) and can discharge anywhere from one to three shots before being recharged. He doubts a serious criminal would go for the cost ($1000 to $4000) to possess one. He added that he has only sold a few on special order.
While the larger shotgun/rifles can send a bullet at a velocity of thousands of pounds per inch, the pistols with co2 cartridges push out more in the 500 pounds per inch for shorter distances.
Dentico added that the speed of the projectile, that may exceed the speed of sound, does indeed make a “cracking noise” when fired. He also stated that the sale and use of the new technology is, so far, only a small percentage of the total gun sales.
The new breed of guns can be purchased at many retail outlets, such as Walmart, or even directly over the internet. A few producers/sales outlets prohibit sales to anyone under the age of 18, but do not explain how they check/prove ages of buyers.
On one online sales comment site, a customer reported: I bought this to be used as a prop in a film. It’s tough convincing people that it’s not a real gun; I have to point to the letters “BB” on it to prove it. The weight of it doesn’t help their belief either – it’s very heavy. I have to be careful in Mass. (Massachusetts) though, because I think it’s legal for a cop to shoot someone for even thinking about a gun here. (Real .357 shells fit in it perfectly too!)
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