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.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.