Bartow, FL asked in Criminal Law and Civil Rights for Florida

Q: Can a Florida convicted felon (80s) whose civil rights were restored (2005) conceal carry a c02 powered air pistol?

I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a "firearm" or a deadly weapon. I just wish to carry it as a "deterrent" against anyone who may try to road rage, attack me with a knife or blunt object etc... I feel the sight of the airgun (Its a 1/1 copy of a Walther PPQ) and strong verbiage alone would be enough to scare most would be attackers off. According to FS 790.23, a c02 powered paintball marker would not fall under this as a "weapon" if I am reading it correctly.

Thank you for your consideration on this matter.

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1 Lawyer Answer

A: You are correct; if the pistol does not "expel a projectile by the action of an explosive", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions.

However, your plan to keep it "as a 'deterrent' " is a very bad idea.

First, the law requires you to have a "handgun or weapon [in your vehicle] ... securely encased or otherwise not readily accessible for immediate use". So, in order to try to scare your attacker away, this plan would not be practical.

Secondly, If someone is coming at you with a knife or club, and if you were able to pull out the mock firearm in a timely manner, it is doubtful that the attacker would be intimidated. They would more likely become violent more quickly. To paraphrase a line from a certain film, "don't bring only a paintball gun to a knife fight.

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