Shoot Straight: Understand State Gun Laws
by David A. Cardon, Esquire

Dear Mr. Cardon,
IMy sixteen-year-old son came home last night with what looked to me like plumbing supplies, but which my husband spotted as a potato gun. My son told me he and his friend went to a local hardware store and someone there helped them assemble this thing. I took it away from him but I want to know is it illegal if it’s powered by air? Is it illegal if it’s powered by combustion? Is it considered a firearm? Would it be illegal for him to discharge it within the city of Virginia Beach? Is the gun illegal for people under eighteen-years-old?

The Virginia Code defines a firearm as “any weapon in which ammunition may be used or discharged by explosion or pneumatic pressure.” Ammunition is defined as “cartridge, pellet, ball, missile, or projectile adapted for us in a firearm.” (Va. Code §18.2-282 (C)) Based on these definitions, I believe, under Virginia law, the device you described would be considered a firearm because it (a) is powered by pressure, and (b) uses a projectile. The following are some of the Virginia Beach city laws and the Virginia state laws dealing specifically with firearms:

Discharge in Virginia Beach: The code for the city of Virginia Beach states it is unlawful for a person to discharge any firearm, spring-propelled rifle or pistol or air propelled rifle or pistol from or across any land or water within a specific boundary within the city. This boundary extends north or west of the trace line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line, northward along North Landing Road to Indian River Road, eastwardly along Indian River Road to New Bridge Road, northeastwardly along New Bridge Road to Sandbridge Road; eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. (Va. Beach City Code § 38-2) more>>

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