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MN Court Of Appeals Says BB Guns Count As Firearms

St. Paul (AP) ― A BB gun counts as a firearm, the Minnesota Court of Appeals ruled Tuesday, saying a convicted felon broke the law by packing a BB gun.

John Fleming Jr. is barred from possessing a firearm because of two felony assault convictions. He's accused of carrying a black metal BB pistol powered by a CO2 cartridge.

Ramsey County prosecutors charged Fleming with unlawful possession of a firearm by a felon.

A district judge threw out the charge, ruling the statute doesn't apply to BB guns. But the appeals court on Tuesday reinstated the charge, finding that a firearm is "any gun from which a shot or a projectile is discharged by means of explosive, gas or compressed air."

The appeals court sent the case back to the lower court for further proceedings.

(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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