Twitter Updates

    Are Dragon Egg Launchers Considered Firearms?

    The answer depends on where you live. In the first part of this article, we will look at the United States and Canada. In the second part we will look at Australia, Europe and other jurisdictions.

    In the United States, neither the PyroShot, PyroShot HS or the Green Dragon are considered to be firearms. The definition of a firearm is contained in USC Title 18, Part I, Chapter 44 also known as the Gun Control Act. Section 921 of the act states:

    "The term firearm means:
    1. any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

    2. the frame or receiver of any such weapon;

    3. any firearm muffler or firearm silencer; or

    4. any destructive device."
    The first definition does not apply since the launchers do not expel projectiles by the action of an explosive. The PyroShot uses a spring, and the PyroShot HS and Green Dragon used compressed gas to expel the projectile. The second definition also does not apply because it is referring to the first definition. The third definition also does not apply.

    The fourth definition is a bit more complicated. In the act, there is a list of “destructive devices” including but not limited to bombs, grenades, rockets, missiles, and mines. It also includes “any type of weapon by whatever name known which will expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter.” All of the Dragon Egg launchers would meet this definition of a destructive device.

    However, the act also states “The term destructive device shall not include any device which is neither designed nor redesigned for use as a weapon”. Since none of the launchers are designed as a weapon, they also fail to meet this definition of a firearm.

    In Canada, neither the PyroShot, PyroShot HS or the Green Dragon are considered to be firearms. The definition of a firearm is contained in section 84 of the Criminal Code of Canada. It defines what is a firearm, but it also defines devices that are “deemed not to be firearms”. Subsection 84(3) states:

    “For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:
    1. any antique firearm;
    2. any device that is
      1. designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectile, and
      2. intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

    3. any shooting device that is
      1. designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and
      2. intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

    4. any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge
      1. a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or
      2. a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.”

    The launchers would qualify for two of these exemptions. They would be considered as devices designed exclusively for firing industrial projectiles and would qualify for exemption (b). They also have a maximum muzzle velocity less than 152.4 m/s and would qualify for exemption (d).

    No comments:

    Post a Comment