In the never-ending quest to make gun ownership more difficult and keep kids from learning about guns through ownership and use of air guns, an anti-gun California Congressman is seeking to have many air guns reclassified as “firearms.”
U.S. Rep. Kevin Mullin, D-California, introduced the measure called Garrett’s Law, named for one of his constituents’ late sons who committed suicide with an air gun. According to Rep. Mullin, Garrett Edwards, who struggled with mental health during the pandemic, purchased an air gun online and used it to take his own life.
“Garrett should still be here today,” Rep. Mullin said in a news release announcing his legislation. “If a weapon is powerful enough to kill, it should be subject to the same common-sense safety standards as any other gun. It makes no sense that someone prohibited by law from purchasing a firearm can still walk into a store or go online and legally obtain an air gun capable of killing. This bill closes that gap and, hopefully, helps prevent another family from facing this kind of unimaginable loss.”
Of course, using that logic, muzzleloading firearms, crossbows and compound bows need to be regulated similarly, since all are “powerful enough to kill.” But those weapons were not addressed in the legislation.
According to the language of the measure: “The term ‘lethal air gun’ means any weapon (other than a weapon that exclusively expels a paint-filled pellet) that expels a pellet through the force of air or gas pressure if that projectile can be one of the following calibers and feet per second, or if the weapon is otherwise designated as a lethal air gun by the Attorney General, through rulemaking, as capable of causing death.”
The air guns affected would shoot: “A .177 caliber pellet expelled at a muzzle velocity of not less than 800 feet per second; a .22 caliber pellet expelled at a muzzle velocity of not less than 500 feet per second; a .25 caliber pellet expelled at a muzzle velocity of not less than 450 feet per second; and any metallic pellet above .25 caliber.”
The proposal would designate “lethal air guns” as “firearms” under the purview of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Consequently, those wishing to purchase them would have to undergo an FBI background check.
According to airgundepot.com, the average muzzle velocity of air guns typically ranges from 300 to 1,000 feet per second (FPS), depending on the power plant, caliber and weight of the projectile. Basic pistols and low-powered youth models start around 300 FPS, whereas standard adult rifles average 700 to 1,000 FPS. High-end or specialized models can exceed 1,200 FPS.
This definition prescribed in the legislation would actually take in a majority of the air guns currently in production, putting them under similar regulations as real firearms. In fact, the top five air guns on the market—the FX Impact (M3 / M4), Umarex Gauntlet (Gen 2), Gamo Swarm Maxxim/Gamo Swarm 10X Gen3i, Crosman 362/American Classic Series and Benjamin Bulldog—would all be regulated as firearms under the measure’s definition.
While Rep. Mullin claims the legislation would exclude any air guns that are “unlikely to cause any serious injury,” even low-powered air guns are capable of injuring eyes and other body parts if not used safely. Truth is, many anti-gun advocates want to make it harder for kids to get air guns so they are less likely to grow up to be part of the “gun culture,” and fight for their Second Amendment rights as adults.
Of course, anti-gun groups, including the gun-ban organization Giffords, were quick to praise Rep. Mullin and his legislation.
“Air guns can be lethal, and current federal law ignores that by allowing unfettered access to them,” said Giffords Executive Director Emma Brown. “We’re glad to see Rep. Mullin introducing this legislation to create basic guardrails for these previously unregulated weapons, and we urge Congress to swiftly pass it.”
