Police Confiscated my Phantom!

[apoc4lypse]

So in an effort to wean myself off of the red dot sight, I shot two tubes worth of paint at a tree in the backyard while sighting down the barrel, from max 16 yards away.  I got a decent 6" grouping on the tree, all balls hitting and none missing the mark; apparently this was upsetting enough to my neighbor that he called the police (although I checked to make sure no one was in the surrounding yards and my line of fire did not cross over his property).  Long story short, the officer who came to investigate confiscated my Phantom, citing that it was illegal to discharge a firearm within a residential area.  I'm supposed to try and see if I can pick it up tomorrow.  If I thought they'd actually confiscate it, I'd have had the foresight to show them my Talon Ghost instead, but alas.

Needless to say, I'm pretty miffed, and after reviewing some of the penal laws in my area (White Plains, NY), I still have a few questions.

Does a paintball marker count as a firearm?  Pretty darn sure this is a resounding "NO", as firearms propel a projectile via an explosive charge/combustion. 

Does a paintball marker count as a weapon?  From what I've gathered, something can be considered a weapon if it's used to harm another person or another person's property.  It was my property and the tree has no feelings, so I'd say no.

Does it count as a deadly weapon?  Again, I'd say no, since the definition of deadly weapon as relating to projectiles, is "any loaded weapon from which a shot, readily capable of producing death or other serious injury, may be discharged...".  So non-firearms, such as big-bore air guns used for big game hunting, would be considered deadly weapons, but a paintball marker, no.

Is shooting your paintball marker in the backyard, assuming a backstop and controlled, accurate fire, considered "reckless endangerment"?  If there were anyone else to "endanger" by stray paintballs, I may say yes, but considering that there was no one at risk, I'd say no.

Has anyone else ran into trouble with the law while using paintball markers on private property?  If so, what was the result?

[Chefdave]

Sounds bogus.  How old are you (I'm assuming a teenager)?

You may want to find out if discharging a paintball gun is illegal within the city limits...I doubt it is though.  I think that the cop may have overstepped his bounds.

[apoc4lypse]

I'm 23... Yeah, I should know better

I really hope the police chief thinks it's bogus as well and gives me back my pump.  Or else I'm going to have to use the electro, and that means the rentals at my field will probably hate me even more...

[Chefdave]

Were you issued any paperwork?

[apoc4lypse]

Not really - he just took my name, address, DOB, and home telephone number, and I have an incident number that I'm supposed to reference with regards to getting the marker back.

[Chefdave]

Sounds shady to me.  I'd want some kind of receipt if some of my property was confiscated.

Maybe the cop has always wanted a Phantom...

[shives]

Nice Phantom package for auction at www.propertyroom.com...JK

Good luck.

Shives

[Unimoose]

Damn!  I shoot mine in my back yard all the time and have never had an issue.  Sometimes I've even pulled out the E-cocker and let that rip to get rid of old paint quickly.  Best of luck getting your shooter back.

[apoc4lypse]

Nice Phantom package for auction at www.propertyroom.com...JK

Eeek!  Don't scare me like that

Going to call them about it today, and I'll give an update on the progress.  From what I've read online and what I've reasoned out, it seems that they only confiscated it to appease the neighbors: to appear they are "doing something about the problem".

But if they do try and hold onto it permanently, I've dug up all the legalese to back my case

[greenmtn]

When we bought my house I specificly called to be sure that the town didn't have any ordinences against shooting on my own property before I agreed to buy the house.  Last place I lived required that you get a permit, all I had to do was go down to the PD and explain what it was and what I was doing.  Just to cover my butt incase something did come up.

[thkyle]

I believe that if you explain what you were doing just like you did here, without an "attitude" that you'll get it back.

I would apologize that your neighbor was frightened by it, and you shouldn't have any problems. Sounds like they don't have any right to keep it. You weren't charged with any crime, and you weren't deliberately trying to scare your neighbor or committing any vandalism.

The police might be looking for other kids that are using paintball guns in acts of vandalism.

[Chefdave]

Well, they could have just as easily appeased your neighbors by just asking you to stop.

Did they confiscate the gun or did you surrender it?  Sounds like illegal seizure to me but I'm not a lawyer...

[apoc4lypse]

Did they confiscate the gun or did you surrender it?  Sounds like illegal seizure to me but I'm not a lawyer...

Well, they didn't exactly pry it out of my cold dead hands - they asked for it and I handed it over, since they more or less implied it was either the marker or me in cuffs 

At least this officer approached me civilly, and didn't come up the driveway, gun drawn, like what happened the first time.  That was fun 

Called the station this morning and they said to try again tomorrow.  I just hope the marker doesn't get banged up while it's going through processing.  The cop was nice enough to let me de-gas and put it in a soft case, so it should be okay.

[turbo chicken]

shady... i will say no more.

and WTF is it with people now day's... used to you neighbor would have some over and asked you to cut it out...

maybe you woke him from his nap..


r u not acquainted with your neighbor....

[apoc4lypse]

For some reason, this neighbor has had it out for us since we moved here.  I don't know if he really liked the people who lived here before us, or if it's something racially motivated (I'm Asian), or what, but he gives us the evil eye everytime we're outside.

And I'm pretty sure he has 911 on speed dial, as if three numbers weren't convenient enough