Thank you for using JustAnswer!
You have no idea how badly I have wanted to own one of these for YEARS! However, I have not because, every community that I have lived in over the years has an ordinance or law on the books which makes it illegal to discharge a firearm in the community. A "firearm" is usually broadly defined to include basically anything that can fire anything with force (thus, BB guns are banned, too).
So, the answer to your question is not found in state law. The answer to your question is: it depends. And it depends upon the laws of the local community where the item will be used. This is confirmed by some of the info found at: http://www.spudgun.info/Spudgun-Legal.htm
For that reason, you would never want to advertise that their use is legal.
Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
If the answer is not to be found in state law does that mean that the state has no laws
about the matter of spud gun ownership and or sales?
My question was not can I shoot in some city limits but rather can I OWN one and
or SELL them in Oklahoma.
Thanks.
Dennis
The first place you have to check concerning the propriety of the device itself is the ATF. They require:
"Any person desiring a classification of a "potato gun," "spud gun" or similar device must submit a written request (not e-mail) to the Director and include a complete and accurate description of the device, the name and address of the manufacturer or importer, the purpose for which it is intended, and such photographs, diagrams, or drawings as may be necessary to make a classification. A final determination may require physical examination of the device. Such requests for classification should be submitted to: Bureau of ATF, Firearms Technology Branch."
http://www.atf.gov/firearms/faq/faq2.htm#b17
Thank you, but I have letters from the ATF noting that the "ATF has previously
examined devices known as "potato guns," "potato launchers," "spud guns," and
"spudzookas" and has generally determined that such devices using potatoes as
projectiles and used solely for recreational purposes are not weapons and meet neither the NFA nor the GCA definition of "firearm" or "destructive device".
"Although "recreational" potato guns are not currently subject to the GCA or the NFA,
they mayt still be regulated under State Law or local ordinances." So I guess my
original question still remains . . . What about the legality of these devices in the
state of Oklahoma? Sorry about the nature of this question. I understand there
is not a whole lot of info on this subject. After all, I am supprised that you know of
the spudgun because most people ask, what is a spudgun.
Thanks for your time anyway.
Anymore info on this?
Again, there is not an OK state law on this. However, each community within the state is still free to regulate it as they wish.
So, just because the ATF doesn't regulate it, that doesn't mean it's okay everywhere because states can still regulate it.
Just because OK doesn't regulate it, that doesn't mean that it's okay everywhere in the state because each local community can regulate it.
One will have to still have to make thei inquiry in each OK community where the sales or possession may occur to see if the local councils have passed regulatory laws. Usually the answer can be quickly found by calling the city clerk's office, the police department, or checking their online ordinances.
Attorney
Michigan lawyer who explains basic criminal, consumer, and contract-related matters.