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**HP_lovecraft** · February 25th, 06:04 PM

Most universities will provide free legal council in situations like this. FIND OUT HOW TO GET SOME.

There are 3 very important issues:

1- A paintball gun is not a firearm. "Firearm" has specific LEGAL definitions, and it does not include airguns of any form. This is a point of fact that is not disputable by any means. But you HAVE TO dig up those legal definitions to PROVE TO THEM. THis will easily be dropped.

2- A paintball gun MAY be considered a weapon. The IMPORTANT thing is to find out of if they were SPECIFICALLY banned BY NAME. If so, then argue that it was only a PART of a paintball gun that you were repairing. It WAS NOT A COMPLETE WORKING GUN. Therefor, it is not a weapon, and could not be used as one. Seems like an easy argument.

3- If the school regulations make NO MENTION of paintballs and paintball guns, this will be the toughest area. The administration may arbitrarily label it "a dangerous weapon" and it will be YOUR JOB to prove otherwise. A good start is the website devoted to COLLEGE PAINTBALL LEAGUES and TOURNAMENTS.
For example, my old schoold: University of Southern Maine actually had a SCHOOL FUNDED paintball club, and were therefor pretty leniant about paintbal.

Nick

***MedicDVG*** · February 25th, 06:23 PM

From the Texas Penal Code Title 10 , Chapter 26 ( TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS -- CHAPTER 46. WEAPONS)

Defintions - § 46.01.(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

If they are charging you formally, then they are attempting to prove the criteria set forth in : § 46.04. UNLAWFUL POSSESSION OF FIREARM. But as a paintball marker does not meet the basic definition of FIREARM, then the point is moot.

However, this is STATE LAW... there may be local ordinance that takes precident. So I present this to you AS INFORMATION ONLY -- CONSULT A LAWYER!!!! the full text of the statute can be found Here

It is my opinion that you are getting hosed... however, Unversities are wierd places.

I find it interesting that at first you were being cited for vandalism with a paintball marker, and that they directed you where to GET IT BACK, and now it Unlawfull possesion of a firearm....

What college are you attending specifically?

**Snowsk5054** · February 26th, 12:51 AM

Umm...wrangler...never said you were GONNA go on a drive by, I was saying that the people at the college MIGHT think you would go on a drive by or do dumb stuff. Never said that you are stupid like that or would do stupid things, just brainstorming what the college might think of it. Never said anything like that, so cut that fuse before it gets to the explosives....

**Snowsk5054** · February 26th, 12:52 AM

Quote:

Originally Posted by paintballjunk12

Yea and i could take some hot sauce squirt i in your eye and that sgits gunna hurt but its not a firearm

Yeah, but hot sauce cant make you blind now can it...

**allstarunited** · February 26th, 02:17 PM

This one will

**Ugly Bassist** · February 26th, 02:33 PM

Good luck dude, you should nail this one..

**DuoDSG** · February 26th, 05:06 PM

First of all, that university judicial board is full of ****.

Even under the Bureau of Alcohol, Tobacco and Firearms, paintball markers are NOT firearms. The definition of a firearm is:

"A rifle, shotgun or handgun using gunpowder as a propellant. By federal definition, under the 1968 Gun Control Act, antiques are excepted. Under the National Firearms Act, the word designates machine guns, etc. Airguns are not firearms."

As you can see, a firearm needs an explosion to propel the ammunition, which a paintball marker does NOT do. It uses gas pressure to expel the paintball, so it's not a firearm. Those university people are freakin idiots, the government says what a firearm is and isn't, not them.

However, dodging the possession of a paintball marker is something you can't avoid. BUT, if the trigger frame was disconnected from the rest of the marker, then it's not a paintball marker anymore under federal law. Hence why I've been able to take my paintball marker on airplanes if I simply put the trigger frame and rest of the marker in separate compartments even in the same bag.

But if it was still attached, you're screwed, but not as bad. They can't charge you with possession of a firearm anymore, so the penalty will be less because it's not as severe if you have a paintball marker.

Quote:

Originally Posted by HP_lovecraft

For example, my old schoold: University of Southern Maine actually had a SCHOOL FUNDED paintball club, and were therefor pretty leniant about paintbal.

As does my school.

Good luck. May the Force be with you. If you need any help, feel free to ask me- as VP of the paintball club and captain of the tournament team here at USU, I can get you all kinds of resources relating to university views on paintball and also on the NCPA, the National Collegiate Paintball Association.

www.college-paintball.com

***wrangler04*** · March 2nd, 01:43 AM

this is what happend i went in, they started a tape recorder , and then read the report. they thought i shot the walls with my paintball gun, but my friends threw them and i told them the gun didnt work either. when i said "they threw them" they asked "what were there names", i told them "i wasnt going to nark them out". they then said "you know you are not complying with us" i said "yes i know but im still not going to tell yall the names" the reason i didnt tell them is because they were going to send them to judicial board for vandalism. they then sent me out of the room and 15min later they call me back in. are yall ready for the verdict. im charged with possesion of a fire arm and not answering questions. i got 10hrs community service and $25 fine

***MedicDVG*** · March 2nd, 02:26 AM

Screw them! Apeal. They have to have some type of apellate process. Also find out what type of authority they have. Are they specifically there for the school's ajudication only or are they a quasi-civil law entity.

This becomes important as having a record with Illegal possession of a firearm on it can make things horrible for you if you have subsequent run ins with "the law." You can end up with habitual criminal status or run afoul of 3 strikes. Certainly any prosecutor worth thier bar would bring that up in pre-discovery as a character detractor.

You need this off your record. Get a community lawyer or hire one on your own. You are getting railroaded for a crime that you are not guilty of and believe me, you don't need that kind of black mark on your record.

Oh, and next time someone askes you to rat out your friends, just tell them "No, thank you. They were my paintballs and I will take responsibility for the damage." Much more responsible then saying "I ain't gonna narc out my buds."

Good luck.

**DuoDSG** · March 2nd, 02:17 PM

Definitely appeal...like HP and I have already said, United States law does NOT include paintball markers as firearms, they don't use an explosive force to propel the paintball out of the marker.

Medic's right on- don't let this crap stay on your record, you're getting shafted and the people at the university obviously don't know the law concerning this and therefore shouldn't be in a place to punish you for it. Because you're not being represented with legal counsel (they are obliged to under law), they're violating your Sixth Amendment rights since this is a "lawful" judicial process, even if it's through the university.

This is total crap. If I knew where you lived and had money to spare, I'd drive to where you're at and represent you.

***MedicDVG*** · March 2nd, 02:37 PM

IF you decide to apeal - here is all you have to say to them.

I am apealing this descision and requesting a motion of dismissal of all charges for the following reasons.

1) Under the Texas Penal Code, Title 10 , Chapter 46 OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS -- CHAPTER 46. WEAPONS; Defintions - § 46.01.(3) ; paintball markers are not included in this discussion and therefore do not legally classify as firearms, and there being no local, federal or other state law that takes precidence in this matter, the TPC 10, Chap 46 would be applicable law.

2) As stated above, due to the fact that the paintball marker in question can not be classified as a firearm in the charges placed on the defendant, the charges are unfounded and must be dismissed.

3) In terms of the vandalism, there was no mention in the written notice of a charge of vandalism by "Shooting paintballs against the wall." To be charged at the time of the hearing with this without disclosure to the defendant violates the defendants right to due process. As such, this charge also must be dismissed. Also as the defendant testified in teh hearing, this allegation was unfounded and therefore adds credence for the dismsissal of this charge.

This appeal is asking for the dismissal of charges as stated above and the expungemnt of these proceedings from the defendant's permanent record.

----- Case CLOSED!!!!

Its up to you if you want to appeal or not; I would suggest that you do. However, if you are satisfied with the judgement and life is all good, then don't.

Again I would encourage you to talk to a lawyer or legal aid to see if the information I place here is correct and would apply to your situation..

Good luck.

**DuoDSG** · March 2nd, 04:48 PM

Right there Medic has laid out for you exactly what you need to say. There is no reason for you to keep this black stain on your record if you can show that their claims are unfounded.

Go for the gold man. Fight the good fight.

**ComradeMolyneux** · March 2nd, 04:55 PM

la la la la la

Comrade's 2 cents

***MedicDVG*** · March 2nd, 05:13 PM

^^^ Thanks for the spam...
Lets not do that again hmmmkay?

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