Potato Cannon

[Moderator]

I know I am not the only one here who has experimented with potato cannons in the past. But my question is, Are they legal? I keep getting conflicting information on them.

 

[Rob Boudrie]

Potato[e] guns

There was a case in Holyoke, MA where an individual was charged with carrying a firearms without a license because they were caught with a spudzooka. Charges were subsequently changes to posession of a nefarious device. The court found that the spudzooka did not meet the definition of a nefarious device (not sure if it found it did not meet the definition of firearms, or if that was moot since charges were changed) and the potato slinger walked.

I haen't been able to find the article in Google, however, a lawyer should be able to find it on LexisNexis.

 

[Moderator]

Well thanks for your info Rob, guess nobody else can help

 

[Len-2A Training]

I know that there are a number of PDs who are trying to charge "nefarious device" when they encounter spud guns. So be very careful out there.

What happens at District Court does NOT set any precedents, so that one person can be found guilty by one judge where the exact same case would be found innocent by another judge!

 

[Chris]

There have been cases where kids with Paintball markers have been charged with firearm violations when they used the devices to vandalize property. I've never heard of any of those charges result in a conviction, but nothing stops a DA from pressing the charges. As we know from the barrage of lawsuits against the firearms industry, it only takes ONE decision to start a trend.

There are also other laws on the books regarding "Infernal Machines" that could be brought up.

 

[Len-2A Training]

There are also other laws on the books regarding "Infernal Machines" that could be brought up.

Sorry, I actually did mean "infernal machine" charges.

The police may be "reaching" but here are some of the MGLs that they are looking at using to charge people with them.

C. 266 S. 101 - if used to create malicious damage
C. 266 S. 102A - infernal machine
C. 269 S. 12B - minors in possession of an air rifle

Also be aware that some towns have VERY broad definitions of what is a "gun" in local bylaws prohibiting shooting within the town.

Whether charges stick or not, the interaction with police may make one deemed "unsuitable" for LTC, as well as an expensive lesson in how our "criminal justice" system works.

If I had one and was intending to fire it anywhere that was near habitation, I'd probably discuss it with the local chief first to avoid confrontations. Otherwise, I'd only do it way, way out of town in the mountains somewhere that nobody would be calling the police.

 

[Moderator]

I see, I used to have one when I was a teen... My sister lives on 7 acres and i'd really like to blast a few in her woods.

 

[dwarven1]

What about Trebuchets? Are they legal? I have a friend who has one in his back yard... uses it to throw water balloons every year at his summer party.

Ross

 

[KMaurer]

What about Trebuchets? Are they legal? I have a friend who has one in his back yard... uses it to throw water balloons every year at his summer party.

The truly discouraging thing about this question is that so many people have been so thouroughly brainwashed that they will attempt to find a law or court decision explicitly stating that, yes, trebuchets are legal to possess and, under certain circumstances, use. When they fail to find such a law, their conclusion will be, not, they're illegal. [cry]

Are water balloons the only appropriate ammunition for his toy, or will it handle an object more in tune with the original designers' intentions? A deceased cow, perhaps,a large wooden rabbit or (dare I hope) a piano?

Ken

 

[Len-2A Training]

Merriam-Webster: trebuchet.

Etymology: Middle English trebochet, from Middle French trebuchet
: a medieval military engine for hurling heavy missiles (as rocks)

I'll bet that this falls under the MGL that prohibits "slung shots"! I'm 100% certain that anyone spotted with one would be charged under that law. Whether a conviction will stick or not, crap shoot!

 

[dwarven1]

Actually, Len, I was kidding... I don't really care if it's legal or not. It can't be moved because of the design, so don't really think that anyone would care, really.

Ross