Caught with pellet gun

[izachxxx]

My question involves criminal law for the state of: Pennsylvania. Quick question, what would happen if i were to be pulled over and somehow the police searched my car and recovered a pellet gun(glock replica, all black and use's mini c02 tank). What would happen, what kind of charges, fines? I am a minor by the way, 17 years old

 

[quincy]

izachxxx, we (generally) do not entertain hypotheticals on this forum. There are too many variables.

If, for example, you were on probation (which in your case, I believe you are), and if you were awaiting charges on another offense (which in your case, I believe you are), the answers would be different than if these were not factors. In addition, it can matter why, exactly, you were pulled over in the first place. And it can matter if, say, there had just been a robbery and your pellet gun can implicate you in the crime.

Facts matter.

 

[lawbird]

My question involves criminal law for the state of: Pennsylvania. Quick question, what would happen if i were to be pulled over and somehow the police searched my car and recovered a pellet gun(glock replica, all black and use's mini c02 tank). What would happen, what kind of charges, fines? I am a minor by the way, 17 years old

Nothing would happen. There is nothing illegal about possessing a pellet gun at 17 years of age, just walk into any Walmart and you can purchase one. That is unless you have to show ID and be 18 years old these days. I don't know it's been a long time since I owned a pellet gun. When I was a kid we played with pump action BB guns

However, as Quincy stated there are too many variable and your story doesn't seem complete. If you care to offer full details of what occurred perhaps members can address the legality of the search conducted by the police and if they had probable cause to pull you over to begin with etc. etc. Every little detail matters when it deals with search and seizure. Offer more insight and you will get some good advice from some of the members on this site.

 

[izachxxx]

Okay well from my past arrests i am indeed in an extreme amount of trouble. Besides that fact, i want to know the typical charges for this type of incident, not including my current probation. I was with a few buddies chillin in our town. We were drinking and what not. I had this strong red laser pointer that we were foolin around with, shining it at planes (yes its illegal..) and hitting other targets with it. Assuming that someone called the police for whatever reason, we were pulled over for these actions that we had done. A squad car pulled behind us, two officers stepped out and questioned us at the window. They said someone reported us for the actions we were doing and we fit under the description. Now I'm not sure if there is any law about shining laser pointers besides aircrafts "federal law". Anyways we had a verbal argument that led the police into searching the car. I think in my opinion it was a illegal search and seizure. The officers said they smelled the scent of marijuana, which we had none, none at all. Im on probation so i cannot smoke anyways. What they actually smelled was ciggaretts. After they searched, they recovered my c02 powered pellet gun. I was cuffed and later was released but was not even told what my charges were. Everything they did was illegal and i will have a strong representative lawyer on my side. Is this enough information? Now help me understand the possible charges.

 

[Ladyback1]

Nothing would happen. There is nothing illegal about possessing a pellet gun at 17 years of age, just walk into any Walmart and you can purchase one. That is unless you have to show ID and be 18 years old these days. I don't know it's been a long time since I owned a pellet gun. When I was a kid we played with pump action BB guns

In some states (mine is one) you cannot buy the CO2 cartridges unless you are 18 y/o. The gun and pellets are ok to buy

and oh yeah...the OP is apparently not smart enough to get out of his own way! Jeez kid, haven't you figured this stuff out yet??

 

[Proserpina]

Okay well from my past arrests i am indeed in an extreme amount of trouble. Besides that fact, i want to know the typical charges for this type of incident, not including my current probation. I was with a few buddies chillin in our town. We were drinking and what not. I had this strong red laser pointer that we were foolin around with, shining it at planes (yes its illegal..) and hitting other targets with it. Assuming that someone called the police for whatever reason, we were pulled over for these actions that we had done. A squad car pulled behind us, two officers stepped out and questioned us at the window. They said someone reported us for the actions we were doing and we fit under the description. Now I'm not sure if there is any law about shining laser pointers besides aircrafts "federal law". Anyways we had a verbal argument that led the police into searching the car. I think in my opinion it was a illegal search and seizure. The officers said they smelled the scent of marijuana, which we had none, none at all. Im on probation so i cannot smoke anyways. What they actually smelled was ciggaretts. After they searched, they recovered my c02 powered pellet gun. I was cuffed and later was released but was not even told what my charges were. Everything they did was illegal and i will have a strong representative lawyer on my side. Is this enough information? Now help me understand the possible charges.

Are you out of your young, tiny little mind?!

Honey, you need to seriously shape up. Because you're going to find yourself doing serious time in Big Boy prison if you're not careful.

PLEASE - knock off the stupidity, and get a fresh start. Stop hanging around with those "friends". We do NOT want to see you on the ID channel.

 

[izachxxx]

Whoa whoa dont be rude. This situation would never had happened if i had not had a laser pointer. We all used one as a kid, theyre still fun to use. On the other part with the gun, yeah that was my fault, i was dumb for that. I was shooting it outside my house when a friend pulled up and i just hopped into the car with it. Dont get me wrong but we all fooled around with a laser pointer once. So any suggestions on these charges??

 

[Proserpina]

Whoa whoa dont be rude. This situation would never had happened if i had not had a laser pointer. We all used one as a kid, theyre still fun to use. On the other part with the gun, yeah that was my fault, i was dumb for that. I was shooting it outside my house when a friend pulled up and i just hopped into the car with it. Dont get me wrong but we all fooled around with a laser pointer once. So any suggestions on these charges??

Yeah. Talk to your attorney.

 

[quincy]

Whoa whoa dont be rude. This situation would never had happened if i had not had a laser pointer. We all used one as a kid, theyre still fun to use. On the other part with the gun, yeah that was my fault, i was dumb for that. I was shooting it outside my house when a friend pulled up and i just hopped into the car with it. Dont get me wrong but we all fooled around with a laser pointer once. So any suggestions on these charges??

You said you and your friends had been drinking. What were you drinking?

 

[izachxxx]

I had like 3 beers which was nothin but they did not know/find out. Im only posting on here to get a certain understanding from some of you experienced or non-expericened professionals. I have yet to contact my lawyer, thats why i would like to get a certain understanding, like i said.

 

[lawbird]

Title 18 subsection 6304

(b) Carrying or discharging air rifles.--
(1) It shall be unlawful for any person under 18 years
of age to carry any air rifle on the highways or public lands
unless accompanied by an adult, except that a person under 18
years of age may carry such rifle unloaded in a suitable case
or securely wrapped.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/18.HTM

 

[quincy]

I had like 3 beers which was nothin but they did not know/find out. Im only posting on here to get a certain understanding from some of you experienced or non-expericened professionals. I have yet to contact my lawyer, thats why i would like to get a certain understanding, like i said.

It is difficult to give you an idea of what you will face without knowing all of the facts. You have not been charged with anything over these latest misadventures yet.

That said, you could potentially find that your current probation is revoked and you will have to serve out whatever sentence came with that offense. And your already unattractive criminal record will probably get much uglier.

I agree with Proserpina. You need to talk to your attorney.

 

[CdwJava]

Whoa whoa dont be rude. This situation would never had happened if i had not had a laser pointer.

You had a laser pointer. That's not a problem. Using it for purposes not intended CAN get you in trouble. In fact, it can get you SHOT! Light up a cop with one, and don't be surprised if he turns around and fires on you!!!

I've been painted by those damn things before, and let me tell you, the pucker factor is real, and I have nearly shot dumb kids for that!

YOU made a decision to behave irresponsibly with it, the pointer didn't control your mind.

We all used one as a kid, theyre still fun to use.

No, we didn't. And of those that had one and still have one, very few seem to use them in such a way that they attract the enmity of the police.

 

[Ladyback1]

. Dont get me wrong but we all fooled around with a laser pointer once.

Heck, I use one now....to torment the cats and to entertain the pug dog!