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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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Customer Question

Not a duplicate-to S.HUBAND So are you saying in Florida a convived felon can open Cary a pellet pistol as long as it is not used in a crime or conceiled.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you, and thanks for your patience.
Q) Are you saying in Florida a convicted felon can open carry a pellet pistol as long as it is not used in a crime or concealed?
Florida Code 790.001(6) defines what a "firearm" is for purposes of concealed carry, using a firearm during the commission of a crime, and possessing a firearm after having been convicted of a felony:
"(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime."
The key phrase is "to expel a projectile by the action of an explosive." A pellet gun operates by compressed air or other gas; a firearm operates by a propellant and an explosive. Thus, a pellet gun is not a "firearm" under the code and a felon is not prohibited from openly carrying it.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
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Best wishes to you, Customer
Customer: replied 2 years ago.
Final question can a convicted felon carry concelled or open carry a co2 loaded pistol in Colorado. I understand in Colorado a convicted felon can't own any black powder gun of any type. Confirm.Thank you
Expert:  S. Huband, Esq. replied 2 years ago.
Thanks for the update. I've looked at the CO Code and other resources and I can't locate what I consider to be a reliable answer to your question. I'll opt out and another expert may be able to assist you.
Please don't reply here as that may delay you getting a response.
Best wishes, Customer