Definition of "Firearm"

You really don't need to be a rocket scientist to know what a firearm is. All handguns (including the lowly .22 caliber), rifles, shotguns, derringers, and even antique firearms that fire projectiles using a chemical propellant are considered a firearm. Guns which operate by the use of air pressure or gas such as "BB" or "pellet" guns, are not considered firearms because they do not rely on burning propellants. All "guns" are not necessarily "firearms".

To be charged with a firearms crime, the firearm must be functional or made readily functional without substantial repair or modification.. For instance, a firearm that is unloaded is still a firearm, because one can make it readily functional simply by inserting ammunition. It is not defective or technically inoperable simply because it is unloaded.

On the other hand, a handgun with a broken firing pin cannot be made readily functional even if loaded, any more than a rifle with a severely plugged or dramatically bent barrel can be considered functional.

If you are wrongfully charged with a firearms offense. Call Robert McKay & Associates NOW to safeguard your freedom!