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"We consider those a dangerous projectile, and I believe anyone who has been shot with one would also consider it a dangerous projectile," Burke said.
May I interject something here? As a person who has been shot by this psudo-firearm, I would say although I might consider it a dangerous projectile - I would have to place it on the same danger level as, say, the gun itself. Yes, being hit by a gun would hurt too, and might in some cases cause physical harm. Getting hit by a cell phone could do the same thing. Or maybe a small chair. Your car radio. A chipmunk. But I wouldn't call any of those a firearm.
"If you say that a firearm is anything that shoots a projectile over 0.177 caliber, a paintball gun is a firearm, a piece of PVC piping to shoot marshmallows is a firearm or a toy dart gun could be a firearm," Kinsey said. "I don't think that's the intent of the law. This is much less powerful than a BB gun."
Well having been the victim of an airsoft shooting - and I might add an ambush of sorts - I believe I have cleared this up a bit.