A privately owned cemetery can still considered public property...it just depends on it's use (by whom), but in your case, it's not your private property and probably didn't have permission. "Replica gun" is used to describe any air/spring powered gun or device designed to fire a projectile. So it doesn't matter if it's a 1:1 scale 1911 or a pink bunny that shoot's BB's, the citation would be the same. Basically you got a citation for being off your property with an air gun and, based on your explanation, it is valid. As for how you should approach it in court? Talk to the attorney on your court date. Honestly, getting the pellet gun back (which is very unlikely) should be the least of your worries...if you get off without a fine count yourself lucky and buy your friend a new one. And unless you were endangering others, it's very unlikely that you'd lose your permit over it.

It is a minor offense, but ridiculous or not you need to take it seriously and lack of transportation is no defense...Nothing says you have to go to Koko Head for an air gun. A cardboard box packed with newspaper in your enclosed yard would be enough to make an air rifle range.

makes sense. i hope i can argue it was private property. im gonna call a public defender tomorrow, see whats up.

Let us know how this all turns out.

A cardboard box packed with newspaper in your enclosed yard would be enough to make an air rifle range.

Depends on the air rifle.

I have a Remington Nitro Piston 22 cal rifle and it destroys 3/4" plywood (scraps that I have left over).  Pellet would go completely through the 3/4" plywood.

I have 1/4" galvanized steel, 3' x 4' as my backstop with two 3/4" x 2.5' x 4' plywood stuck together, and then my two 3/4" x 12" x 12" sacrificial target holder.  The sacrificial target holders are good for around 200 pellets before I need to replace them.  The 1/4" steel pancakes the pellet without any noticable damage.  May be a bit much, but better safe than sorry.

I use a 6"x6" box stuffed with old phone books. Maybe 3 small ones.  That's the secret. I also glue the outside edge so its more sturdy.  It stops my .22 with powderless combri.  With regular ammo, it doesn't make it through the box at all. I also have a 55g steel drum behind that, (my smoker), just in case.


As I understand, it is legal to shoot in your backyard as long as the bullet doesn't leave your property and you have a backdrop. Is this correct?

Good question on the legality of shooting a bb gun (or pellet) on own property w/ proper backdrop. 
I wanted to do this with my kids, but have been told by neighbor I can't shoot bb gun on my property, even w/ proper backdrop etc... 
I'm hesitant to call and ask the cops, but I guess I could.  My setup for this is very safe- shooting from driveway into garage, with large wooden backdrop surrounded by blankets.  I have a large yard and it's functionally (if not legally) safe the way I want to do it.  There's NO houses behind garage- it's conservation land.
Can one shoot a bb gun on own property if done safely?

Can one shoot a bb gun on own property if done safely?

I do it all the time.  i even shoot a full auto bb gun on my property.  my neighbors love it. 

Good question on the legality of shooting a bb gun (or pellet) on own property w/ proper backdrop. 
I wanted to do this with my kids, but have been told by neighbor I can't shoot bb gun on my property, even w/ proper backdrop etc... 
I'm hesitant to call and ask the cops, but I guess I could.  My setup for this is very safe- shooting from driveway into garage, with large wooden backdrop surrounded by blankets.  I have a large yard and it's functionally (if not legally) safe the way I want to do it.  There's NO houses behind garage- it's conservation land.
Can one shoot a bb gun on own property if done safely?

Tell your neighbor to piss off.

Tell your neighbor to piss off.

Rather that telll them to piss off, I invite them over to give it a try.  Their reactions are probably worse then if I told them to piss off.  The husbands/dad's usually come back to take me up on my offer once the wife/or older generation have gone to work or the store.  It's hilarious...and the couple neighbors that tried it "when they were not being watched" loved it. 

I'd caution pissing off your neighbor, especially if they know you own firearms. All it takes is that neighbor to call the police to say you threatened them or some other bs and you get a visit from a special service officer with a court order to confiscate your guns. Trust me, it happens even though you did nothing. The stance of law enforcement is better safe than sorry. Not to mention its a lenghty and troublesome process to get things back. Best to keep your guns or even bb guns your business and yours alone. If you want to target practice with a bb gun on your property 1st make sure it is safe to do so and 2nd do it discretly. What your neighbors don't know isn't any of their business. If you can't do it discretly, put up a fence

Article 23 replica guns.
Sections:
40-23.1 Definitions.
40-23.2 Prohibitions.
40-23.3 Violation—Penalty.
Sec. 40-23.1 Definitions.
“Firearm” shall mean the same as it is defined in HRS Section 134-1.
“Law enforcement officer” shall mean any public servant, whether employed by the state, the city or the United
States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws,
whether that duty extends to all offenses or is limited to a specific class of offenses.
“Replica gun” shall mean any toy or other object which bears such a resemblance to an actual firearm that a
reasonable person would have difficulty visually distinguishing it from an actual firearm, and which lacks any feature or
aspect which would serve as a signal to allow a person to readily distinguish the replica gun from an actual firearm by sight.
The term shall not include an actual firearm.
(Added by Ord. 03-24)
Sec. 40-23.2 Prohibitions.
(a) No person shall carry or display a replica gun on any street, alley, public road, or on any public lands unless such
replica gun is in a suitable case or securely wrapped.
(b) No person shall draw or brandish a replica gun in the presence of a law enforcement officer engaged in the
performance of his or her duties.
(c) Nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS
Chapter 183D from engaging in hunting in accordance with law.
(d) In the event a replica gun is also an “air gun,” as defined in Section 41-8.1, the exceptions in Section 41-8.4 shall
also be exceptions to the prohibitions in this article.
(e) Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history
presentation or other activity for historical interpretation or educational purposes, or by a person participating in a
parade if such activity or parade participant is associated with an established historical organization, museum,
military preservation organization, or other group with a mission to educate the public at various events through the
use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(Added by Ord. 03-24; Am. Ord. 03-35)
Sec. 40-23.3 Violation—Penalty.
Any person violating the provisions of Section 40-23.2(a) shall be deemed guilty of a petty misdemeanor and upon
conviction shall be punished by a fine not exceeding $500, or by imprisonment not exceeding 30 days.
Any person violating the provisions of Section 40-23.2(b) shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year.
(Added by Ord. 03-24)

Again... you were on private property thus replica guns do not apply, the cemetary is no more public property than a store is on public property displaying replica guns. Private property is not public property. Make a motion for the court to dismiss the citation based on the facts that you were on private property and observing the exceptions section of the air guns article while shooting in a safe manner. It doesn't sound to me as if your were at any time on public property or shooting irresponsibly. Sounds like the ticket is pure BS.  Smile, it's a BS ticket.

so i had court today for the replica gun ticket. i made a motion to dismiss without prejudice and cited Replica Gun Exceptions Section 41-8.4

(d)Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or
operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot
from traversing any grounds or space outside the limits of such parcel of land or residence.


seems like the prosecutor didnt know what to do so they talked to the judge during a short recess and when they came back offered to drop the charge to a simple trespass violation, which isnt even considered a crime. it was $100 fine but i opt'ed for 14 hrs community service instead. now im pretty sure i can get the gun back, since it no longer was used in the commission of a crime.

THANKS MDS!!! your advice saved me, AND my Gamo Recon from destruction! now i just have to get my attorney to make a motion to get my pellet gun back, and im pretty sure im entitled to my property since i did nothing illegal with it.

so i had court today for the replica gun ticket. i made a motion to dismiss without prejudice and cited Replica Gun Exceptions Section 41-8.4

(d)Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or
operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot
from traversing any grounds or space outside the limits of such parcel of land or residence.


seems like the prosecutor didnt know what to do so they talked to the judge during a short recess and when they came back offered to drop the charge to a simple trespass violation, which isnt even considered a crime. it was $100 fine but i opt'ed for 14 hrs community service instead. now im pretty sure i can get the gun back, since it no longer was used in the commission of a crime.

THANKS MDS!!! your advice saved me, AND my Gamo Recon from destruction! now i just have to get my attorney to make a motion to get my pellet gun back, and im pretty sure im entitled to my property since i did nothing illegal with it.

 

Glad it all worked out brother!!!   

I used to shoot a pre pneumatic air rifle a few years ago. It shot .22 cal pellets at about 1000 ft/sec. Just like rimfire. I only shot it at the firing range. Better safe than sorry.

so i had court today for the replica gun ticket. i made a motion to dismiss without prejudice and cited Replica Gun Exceptions Section 41-8.4

(d)Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or
operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot
from traversing any grounds or space outside the limits of such parcel of land or residence.


seems like the prosecutor didnt know what to do so they talked to the judge during a short recess and when they came back offered to drop the charge to a simple trespass violation, which isnt even considered a crime. it was $100 fine but i opt'ed for 14 hrs community service instead. now im pretty sure i can get the gun back, since it no longer was used in the commission of a crime.

THANKS MDS!!! your advice saved me, AND my Gamo Recon from destruction! now i just have to get my attorney to make a motion to get my pellet gun back, and im pretty sure im entitled to my property since i did nothing illegal with it.

Nice.

We thought they threw you in prison and executed you since we haven't seen you around.

Trespass? Doesn't the land owner need to press civil charges for that?  I don't think I would have even copped to that.  (Just an armchair defendants opinion.)

we need a hall of fame section for threads. this one would be in it

we need a hall of fame section for threads. this one would be in it

+1

Glad Myk updated us !