If a violation of 2923.162(A)(3) prohibiting discharge over public roadways creates a serious risk of physical harm or causes serious damage to property, it is a felony in the third degree. (b) This section shall not be construed to include toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. Highly recommended for any legal needs within his capabilities.. If you have permission and are over the age of 18, you can shoot in your backyard/garden or on private property. The Joslyn Law Firms top-rated Columbus criminal firearms discharge lawyers are available 24/7 for a free, no-obligation criminal defense consultation at (614) 444-1900 or online. Nov. 21, 2022. Accidental discharge of a firearm penalty may include a misdemeanor or a felony conviction, depending on the circumstances, including the degree of negligence exercised by the firearm user. Rule 1501:31-15-01 | Game hours and bag limits. With the less restrictive gun laws in the state of Ohio, people are always buying and using firearms. If the property is in the City Limits of a town or city then that City that makes the regulations. 132-1980. (a) No person shall willfully and maliciously throw, or by other means propel, a stone or other hard substance at or towards any person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.(Ord. This section does not apply to air guns discharged in conformity with Section 549.09(b). (d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session. 83-9. No person shall shoot, force, or throw by means of an air gun or other arm or implement, a lead, iron, or other hard substance upon a street, alley, lane, or public place. Use our resources below to contact us and learn how we can help you. Nor does it classify airguns as a firearm. ), 549.10 DISCHARGING FIREARMS AND AIR GUNS. Recently while prepping for cleaning a gun, a bullet went off into a wall and stuck in the wall. (b) This section shall not be construed to include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.025 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. First, city and county laws are inconsistent, both among themselves, and the state. Aug 24, 2019. (a) No person shall discharge an airgun within the corporate limits of the City. As an Amazon Associate we earn from qualifying purchases. (Ord. Passed 12-16-19.). 2017-045. (c) No person shall knowingly use, shoot, force or throw by means of an air gun, as defined in (a)(1), or other arm or implement, a slingshot or a bow, or blow gun, any lead, iron or other hard substance not otherwise specified here unless all of the following conditions are met:(1) The target of the persons shot is at least 100 feet or more away from any person, vehicle, residential or commercial structure, and public road or highway. But if you live with acres and acres of land surrounding you, then it means your neighbors are far away and your shooting adventures will not affect anyone. So, if you live outside of the city limits, there is a chance you can shoot your guns on your land, as long as you meet the acreage requirements. This will ensure that you do not get on the bad side of the law. The crime of discharging a firearm over a public roadway is punishable as a first-degree misdemeanor with not more than six months in prison and/or a fine up to $1000. Section 2923.161 | Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function. A. In Ohio you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun. 1. ), 549.14 DISCHARGING AIRGUNS. 549.10 DISCHARGING WEAPONS. I obviously ran into an unfortunate situation that required an experienced and professional legal counsel. (4) If the violation caused serious physical harm to any person, a violation of division (A)(3) of this section is a felony of the first degree. We have a proven track record of success in handling over 15,000 criminal cases and consistently awarded as one of Ohios Best Criminal Defense Firms. We treat our clients like family with a non-judgmental approach. When shooting an airgun in your backyard you will need to insure you have a proper backstop that will prevent a pellet or BB from leaving your property. Knowingly throw an object at, or drop an object upon, any moving aircraft.2. The defendant argued that the discharge was accidental, not knowing, but the Court found that a person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result. Because the defendant knowingly loaded, chocked, and aimed the shotgun at a dwelling, he knew his conduct could reasonably result in the discharge of that firearm into a home. #3. As a general rule, gunfire within city limits is prohibited unless at an actual gun range (indoor vs. outdoor, it doesn't matter) or in legal defense of yourself and/or others. Brian Joslyn was named Best Lawyer in 2019 by Birdeye. They are not going to be used by kids plinking around town. Ord. BB guns are also sometimes called pellet guns, although a distinction can be made between the two. However, the major city nearby (5 miles. ), 523.09 DISCHARGING WEAPONS. (f) Strict liability is intended to be imposed for violation of this section, except as stated in subsection (d) hereof.(Ord. ins.style.display='block';ins.style.minWidth=container.attributes.ezaw.value+'px';ins.style.width='100%';ins.style.height=container.attributes.ezah.value+'px';container.appendChild(ins);(adsbygoogle=window.adsbygoogle||[]).push({});window.ezoSTPixelAdd(slotId,'stat_source_id',44);window.ezoSTPixelAdd(slotId,'adsensetype',1);var lo=new MutationObserver(window.ezaslEvent);lo.observe(document.getElementById(slotId+'-asloaded'),{attributes:true});Target shooting is a fun and enjoyable sport for people of all skill levels and ages. Here, we focus on the importance of ordinances that affect our everyday lives at the local level. 138.09. Since you didn't even put your city in you profile, it's impossible to say. Always check with your local jurisdiction for the final ruling. The Ohio constitution protects the "open carrying" of firearms, but some restrictions apply. #2. If you have to shoot pest birds that are ruining your property, it is generally recommended to use other means of pest control, such as putting up a scarecrow. ), 549.08 DISCHARGING FIREARMS; USE OF ARCHERY EQUIPMENT, BLOW GUNS, DARTS, SPEARS, AND SLING SHOTS; TARGET SHOOTING. 2909.08). However, Texas legislates that those on larger properties can shoot guns even inside of city limits. The state of Ohio recognizes that the civil right to keep and bear firearms is a fundamental individual right that preexists in the Ohio Constitution and the United States Constitution. A misdemeanor conviction may result in up to a year in jail and/or fines. Dangerous Weapon.Dangerous Weapon shall mean any instrument, device or thing capable of inflicting death or serious physical injury and designed or specifically adapted for use as a weapon, including an air gun, BB gun, musket, rifle, shotgun, revolver, pistol or ammunition therefor, bowie knife, dirk or other device passed, carried or used as a weapon. 87-05. C. No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. Prosecutors must prove the accused actually intended to cause physical harm, panic, or evacuation of persons specifically on the school premises in addition to the knowing discharge standard. (2) Ammunition means any leaden or metallic projectile, any pellet, or any other substance capable of inflicting injuries to persons or property when used in an airgun. What Are BB Guns. The DNR also lists when and how you can kill the squirrels. C42-74. If a crotchety neighbor calls the sheriffs office because of the noise you are making with your shooting, they may come to your residence because you are disturbing public peace. 2929.71(B); or to a person who is lawfully engaged in hunting or target shooting activities in accordance with Section 505.11 of the Codified Ordinances. ), 549.09 THROWING MISSILES; DISCHARGING AIRGUNS. 8-74. If the defendant was aware, or had reason to know, he was near a school zone or an occupied structure and the discharge might travel onto that property, he is likely chargeable under Ohio Code 2923.161. Manage Settings Home Criminal Defense Gun / Firearms / Weapons Charges Improperly Discharging a Firearm in Ohio. Before shooting a squirrel in your backyard, you must first purchase a gun and ammunition and get the proper licensing. 82-83, passed 11-14-83), Chapter 708 DANGEROUS WEAPONS AND FIREWORKS Cincinnati, Ohio Code of Ordinances, Sec. No person shall do either of the following:1. initial plea hearing, and they offer you a plea deal before you go in. Penal Code 246 PC makes it a crime to discharge a firearm at an. However, this section shall not apply to members of any military company when engaged in drilling or target practice under the command or direction of an officer thereof, or the use of airguns in the lawful defense of persons or property, or to shooting galleries operated in accordance with City ordinances relating thereto or to their use by law enforcement officers in the lawful discharge of their duty. 2. No. Passed 9-8-80. I heard a story locally where a cop and the game warden caught a guy hunting in the city. However, the rights to keep and own arms are diminished when the firearms are carried or utilized for an unjustifiable or unlawful purpose. These species include: Cottontail Rabbit Coyote Crow Fox Groundhog Opossum Pheasant Quail Raccoon Ruffed Grouse Skunk Squirrel Weasel Wild Boar. (b) Except as otherwise provided in Section 549.10, no person under the age of eighteen shall knowingly use or possess any air gun unless under the direct supervision of a responsible adult. Peer rated for highest level of professional exellence. 18-06. (b) Except as provided in subsections (c) and (d) hereof, no person shall intentionally and without malice, point or aim a firearm at or toward another or discharge a firearm so pointed or aimed. Passed 7-1-74. (B)This section shall not prohibit the firing of a military salute or the firing of weapons by persons of a nations armed forces acting under military authority, and shall not apply to law enforcement officials in the proper enforcement of the law, or to any person in the proper exercise of the right of self-defense, or to any person otherwise lawfully permitted by proper federal, state or local authorities to discharge a firearm in a manner contrary to the provisions of this section. But then all it says is a violation is, "Discharging a firearm within 300 feet of an occupied residential structure without the occupants express approval." So, it seems to be a bit of an . Air gun. A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.2. D. Whoever violates subsection B of this section is guilty of endangering aircraft, a misdemeanor of the first degree. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and any grounds, areas or parks where persons would congregate. In both cases, minors must be under parental supervision. To purchase a long gun ( rifle or shotgun) in Ohio, a person must be at least 18 years of age, with some restrictions still remaining. var cid='3871544202';var pid='ca-pub-3345106008074165';var slotId='div-gpt-ad-keepgunssafe_com-medrectangle-3-0';var ffid=2;var alS=2021%1000;var container=document.getElementById(slotId);container.style.width='100%';var ins=document.createElement('ins');ins.id=slotId+'-asloaded';ins.className='adsbygoogle ezasloaded';ins.dataset.adClient=pid;ins.dataset.adChannel=cid;if(ffid==2){ins.dataset.fullWidthResponsive='true';} (b) The provisions of this section do not prohibit or render it unlawful to possess, use or furnish for use an airgun for purposes of instruction in firearm safety, care, handling or marksmanship under the supervision or control of a responsible adult. Privacy Policy | Disclaimer | Contact | Sitemap. 549.09 THROWING STONES AT PERSONS OR VEHICLES. My city prohibits discharging an air rifle within the city limits. Passed 2-7-83. 1501:3-6-01 Shooting from roads or within 400' of structures. Rule 1501:31-15-05 | Magee marsh; special regulations. The department regulates and enforces target shooting on department-managed lands. A forum community dedicated to hunting and fishing enthusiasts in the Ohio area. (F) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree. Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft. We are here to help educate you about your circumstances. hbaeker Jan 10, 2022. (Ordained as C.M.C. Non-Lethal Self Defense Guns and the Laws Regarding Them, Self Defense Air Guns Proper Shot Placement, U.S. 549.10 POINTING AND DISCHARGING DEADLY WEAPONS. (R.C. Airport operational surface. Any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.3. Unlawful use of air guns. You may not be able to shoot on your property legally, even if you live outside city limits or in a municipality with a population of under 100,000. (a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality. 137.09 SLINGSHOT, BOW AND ARROW OR AIR GUN PROHIBITED. Punishment shall be as provided in Chapter 698.(Ord. Come join the discussion about safety, gear, tackle, tips, tricks, optics, hunting, gunsmithing, reviews, reports, accessories, classifieds, and more! Ohio Gun Laws Friday, July 24, 2020 STATE CONSTITUTIONAL PROVISION - Article 1, Section 4. Brian Joslyn has been identified as one of the most highly skilled attorneys across central Ohio. An example of data being processed may be a unique identifier stored in a cookie. If the propellant creates a substantial risk of physical harm or causes physical harm to a person or anothers property, this is a felony-level offense. (e) Whoever violates this section is guilty of discharging weapons, a misdemeanor of the third degree. If an arm is discharged in any prohibited area and it was not justifiable, then the owners of the weapons are subject to prosecution for felony or misdemeanor charges. Ohio bans the actual discharge of firearms into certain locations and/or onto certain properties without lawful cause. Disclaimer: Although AirGunLaws.com makes every effort to verify that the information found on this website is correct, laws can change quickly. California Penal Code Section 246.3 PC makes it illegal to shoot off firearms or BB guns in a grossly negligent fashion. 2933.41. AirGunLaws.com aims to provide you with the best information on the Internet regarding air gun laws and regulations. A violation of division (A)(3) of this section shall be punished as follows: (1) Except as otherwise provided in division (C)(2), (3), or (4) of this section, a violation of division (A)(3) of this section is a misdemeanor of the first degree. This subsection shall not apply to supervised commercial archery ranges or State accredited schools offering instruction in the use of such weapons. Is It Illegal To Put A Silencer On An Airgun. Full Forum Listing. A second violation of this section shall result in guilt for a misdemeanor of the first degree.(Ord. Sec. Again, best to consult an attorney in your local area because of the vast differences among states and jurisdictions. (b) As used in this section, public place means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. 9333, passed 3-24-13)Cross reference Penalty, see 130.99. Across the Ohio here in northern Ky it's illegal to discharge any firearm at all even a bb gun in city limits unless you are LEO naturally. (b) No person shall shoot, project, launch or propel an arrow, bolt or similarly dangerous projectile by means of a bow, crossbow, sling shot, blow gun, spear, dart, or similar device, within the corporate limits of the Municipality, unless same is done within the confines of a protected structure which will prevent any projectiles from going outside and/or beyond the property lines of the authorized premises as provided for in subsection (c) hereof. In addition to the direct penalties, an experienced Ohio criminal defense attorney will warn offenders of the potential collateral consequences of a criminal conviction. Ord. Air gun. Any air pistol, air rifle, BB gun, pump gun, pellet gun, CO-2 gun, or similar instrument or device capable of discharging ammunition by means of air pressure or spring action. 201-1980, eff. (d) Whoever violates this section is guilty of discharging weapons, a misdemeanor of the third degree. Those who want to purchase handguns such as revolver and pistols must be 21 years of age and above. Residential homes are not part of the areas that are prohibited when it comes to gun carrying and use. Below are the laws for local jurisdictions in the state of Ohio. This law was enacted to address incidents of people shooting guns into the air in acts of celebration. The use of firearms for hunting, lawful sporting activities, and self-preservation is constitutionally protected by the United States government and Ohio. 708-2 by Ord. (e) Subsections (b), (c), and (d) shall not apply to City Council approved programs for the training in the use of such weapons, nor to businesses lawfully engaged in the business of paintball tournaments, nor to persons lawfully hunting pursuant to Section 549.08. May 7, 1980; repealed and re-ordained as C.M.C. A violation of division (A)(1) or (2) of this section is a misdemeanor of the fourth degree. The Golden State is "Democratsville"- gun hating progressives. June 1, 2004 House Bill 52 - 125th General Assembly, Chapter 2923 Conspiracy, Attempt, and Complicity; Weapons Control; Corrupt Activity. No person shall take, hunt, kill, pursue, or shoot any wildlife or wild animals by any means within 400 feet of any camping area, residence, barn, service building, shelter house, latrine, or other structure, or shoot on, from, or across any road or driveway within any state forest. Discharging a firearm on your own property in Ohio is also punishable if the propellant travels to a prohibited premise. Answer (1 of 12): Where I live it legal to shoot Pellet pistol/rifle in my backyard but I have seen the law called because of an ignorant neighbor. (Ord. There are no set laws regarding the purchase of ammunition, accessories, and components. Police responded to 5450 Broadview Road for a report of a . 132-1980. (a) No person shall purposely or recklessly throw, cast or sling by hand, or by means of any airgun, or otherwise, any stone, pellet or other missile. Officers found the man unresponsive about 11:40 a.m. in the 400 block of East 82nd Street, police said. In State v. Fogler, the Ohio Court of Appeals affirmed a conviction for unlawful discharge under Ohio Code 2923.161 when the defendant loaded, cocked, and aimed a shotgun at an apartment door before it accidentally fired into the home. (1) Air Gun means any air gun, air rifle, air pistol, BB gun, CO-2 gun, paint ball gun or similar instrument or device capable of discharging projectiles by means of air pressure or spring action(2) Ammunition means any leaden or metallic projectile, any pellet, or any other substance capable of inflicting injuries to persons or property when used in an airgun. The mens rea criminal intent necessary to sustain a conviction under 2923.162 is general while the intent necessary under 2923.161 is specific. However, if you are firing continuously into the air accompanied by celebrating and lots of noise, then your neighbors will not be thrilled and this can get you into trouble. Pellet rifles that can remotely hit pressures high enough to sound like even a .22 short are big and expensive. We and our partners use cookies to Store and/or access information on a device. The right to keep and bear arms is diminished, however, when firearms are carried and/or used for an unlawful or unjustifiable purpose. Unlawful uses include distributing the public peace, unlawfully causing bodily injury or death, or recklessly endangering the person or property of another. You also need to know what it behind the target area you are shooting toward in the event that a pellet or BB happens does go astray no bestanders, animals or property will get hurt or damaged. 2014-038. (a) No person shall throw, shoot, cast or sling by hand or by slingshot, bow, airgun or other device, any stone, arrow, pellet, missile or other object capable of causing injury, on or across any street or other public property, or on or across private property in such a way as to endanger any person or property; provided, however, that this section shall not prohibit the playing of baseball, football and similar games on public property on which the playing of such games has been authorized by proper authority. (a) In addition to any other prohibitions which may exist by law, it shall be unlawful for any person to shoot or discharge any firearms: (3) Within five hundred feet of any dwelling house: Provided, That a person who is a resident of a dwelling house, and . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Nationally Recognized. (c) Subsection (a) hereof does not apply to individuals who discharge any airgun, rifle, revolver, pistol, shotgun or other firearm in a safe manner on a firing range owned or leased by or under the immediate control of the City. (a) No individual, partnership, association, corporation or any other entity shall sell, offer for sale, give away, distribute or furnish any airgun or ammunition to any person under the age of eighteen years. The prosecutor will also charge this as a dangerous offense because a deadly weapon was used in the crime. The unlawful discharge of a weapon that results in bodily injury or death may be prosecuted as murder, but discharge doesn't have to cause harm to be illegal. (f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing a knife having a blade two and one-half (2-1/2) inches in length or longer, and that either (i) the actor at the time was engaged in a lawful business or pursuit and that business or pursuit requires a knife having a blade two and one-half (2-1/2) inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two and one-half (2-1/2) inches in length or longer was kept ready at hand by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in having such a knife ready at hand. If you're convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won't be allowed to buy new ones legally. Request a Free Consultation. (2) Except as otherwise provided in division (C)(3) or (4) of this section, if the violation created a substantial risk of physical harm to any person or caused serious physical harm to property, a violation of division (A)(3) of this section is a felony of the third degree. Minors are prohibited from owning air guns in Cleveland, Ohio. (d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.(Ord. (1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges . B. "The people have the right to bear arms for their defense and security; but standing armies, in time. A lot of Ohio cities have: no gun fire in city limits (a lot include air rifles), no shooting a bow across public property or property that you don't own, and/or no "hunting" (defined different ways). You must also have a proper backstop to make sure rounds do not leave your property. (c) This section does not apply when air guns and/or firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized. (e) Strict liability is intended to be imposed for violation of this section, except as stated in subsection (c) hereof. If the person shooting is under 18 years of age, he or she must be under the supervision or control of a responsible adult and may only shoot such device for the purpose of instruction in firearm safety, care, handling or marksmanship. Knowledge is power in any situation. Ohio prosecutors must prove each element of a discharge offense beyond a reasonable doubt. This section does not apply to supervised archery ranges or places of instruction nor when otherwise lawfully authorized by the Service-Safety Director. (d) Subsection (a) hereof does not apply to individuals who, having first obtained a permit from the Park and Recreation Board to hunt migratory waterfowl, discharge shotguns while lawfully engaged in the hunting of migratory waterfowl on the Memorial Lake Reservoir and the Upper Reservoir prior to 9:00 a.m. and after 3:00 p.m. during the migratory waterfowl hunting season. For more information, visit the Ohio Attorney General's . Nov. 16, 1988). To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. (e) Any person who violates this section is guilty of a misdemeanor of the third degree.(Ord. A Complex Issue. (b) This section shall not be construed to include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundreths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.(Ord. There may be exceptions for hunting or if you have a specific permit to discharge firearms. (a) No person shall unintentionally, or intentionally and without malice, point or aim a firearm at or toward another or discharge a deadly weapon so pointed or aimed, or maim or injure a person by the discharge of a deadly weapon so pointed or aimed. Passed 5-9-05. First-degree felonies are the most serious offenses in Ohio and are punishable by not less than three years to life imprisonment and/or a fine up to $20,000. 6,712. (c) Whoever violates any provision of this section is guilty of a minor misdemeanor.(Ord. The state of Ky has no laws that specify distance from homes in relating to hunting or discharging a weapon. 1. Penalty, see 130.99. There are, however, significant differences in the legislation of each authority. A minor is only permitted to use a paintball gun while at home or at an approved firing range. (c) This section shall not be construed to include toy bow and arrow sets, toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. (b) No person shall discharge any deadly weapon within the Municipality. (d) No property owner or occupant shall knowingly permit a person to use a device described in subsection (a)(1) or (c ) on the owners private property unless such use falls within the provisions of subsection (c )(1)-(3) hereof. (C) This section shall not prohibit the firing of a military salute or the firing of weapons by persons of the nations armed forces acting under military authority, and shall not apply to law enforcement officials in the proper enforcement of the law, or to any person in the proper exercise of the right of self defense, or to any person otherwise lawfully permitted by proper federal, state or local authorities to discharge a firearm in a manner contrary to the provisions of this section. PARMA, Ohio - Parma police arrested a teenage boy Thursday and accused him of firing shots while trying to purchase Apple AirPods. (b) This section shall not be construed to include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than.