Hey that's in Australia... here in our neck of the woods I'd argue a rocket launcher would be considered a firearm under the statutory definition. But we'll just have to fight it out when that case comes along.
Well, it's a destructive device under federal law (or at least every rocket launcher I've ever seen would be). It would also meet the generic definition of a firearm under Title 18, chapter 44, U.S.C., which is nearly identical to the definition provided in the Virginia Code. So, yeah, it's probably a firearm.
I can't get the Aussie news story to open, but I doubt you'd have much luck getting a Virginia court to follow Aussie precedent...
Anyway, as Tom said, it's regulated by the NFA, the same federal law that regulates machine guns - it's sometimes possible to get a license for such a device, but there's a large annual fee and an extensive background investigation. The chances of your "felon in possession" client having such a license are almost nil. So, beating the rap in state court would just mean that he goes to a federal pen instead - and maybe for much longer...
Hey that's in Australia... here in our neck of the woods I'd argue a rocket launcher would be considered a firearm under the statutory definition. But we'll just have to fight it out when that case comes along.
ReplyDeleteWell, it's a destructive device under federal law (or at least every rocket launcher I've ever seen would be). It would also meet the generic definition of a firearm under Title 18, chapter 44, U.S.C., which is nearly identical to the definition provided in the Virginia Code. So, yeah, it's probably a firearm.
ReplyDeleteHeck, in my state one part of the penal code defines "firearm" so broadly you can argue that the "wrist rocket" style slingshot qualifies.
ReplyDeleteI can't get the Aussie news story to open, but I doubt you'd have much luck getting a Virginia court to follow Aussie precedent...
ReplyDeleteAnyway, as Tom said, it's regulated by the NFA, the same federal law that regulates machine guns - it's sometimes possible to get a license for such a device, but there's a large annual fee and an extensive background investigation. The chances of your "felon in possession" client having such a license are almost nil. So, beating the rap in state court would just mean that he goes to a federal pen instead - and maybe for much longer...
markm