Weapons, Guns, Firearms Plastic pellet gun, switchblade knife.

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John86

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I'm wondering about a situation me and my buddy are in. Just last night we got into some trouble with our airsoft pistols. They're used for a sporting game, similar to paintball, except they shoot 6mm plastic pellets, so they're essentially harmless save for a small sting on the skin. Anyway, what happened was this:

We just left a restaurant that one of our friends manages, and were getting in my car, when three guys drove by and screamed something to the lines of "fucking faggots" at us, and kept going. Well, we're the kind of guys who don't let that stuff slide, so we followed them for a while. We caught up to them, with a hunch that maybe we knew them, this is where things took a bad turn. We both had our airsoft pistols in my car, and my buddy shot at them with the assumption they were some people who knew us. Now, I had my gun as well, but never raised or fired it in public. Well they saw it, and pulled over into another parking lot and pulled out the other end, and sped up trying to shake us. We followed them for probably 2 or 3 miles around town, curious to find out who the hell they were and why they would call us names. They called the police and we all got pulled over into the parking lot of a mall. The officer asked me and my friend out of my car, and then proceeded to ask us about what happened. He asked who the shooter was, and my friend admitted to firing a few pellets. I gave the other officer consent to search my car, knowing that they would find the guns anyway, and I also didn't want to look stupid trying to hide it. I just admitted to him that we both had realistic looking airsoft guns that we use to play with our friends, and that I had a switchblade knife in my car that I purchased in state (pennsylvania).

Now the police also took several items that were legal. They took the guns, which are legal to own. I never used mine or had the intent to do anything to these other guys, I just drove. They took the switchblades, which they informed me were ILLEGAL to sell/purchase/carry in Pennsylvania, which I had no idea. We bought these knives at the same mall's parking lot in which we were stopped by the police, and were not told they were illegal at all. They also took two throwing knives of mine, a replica medieval battle axe, and my straight blade hunting knife. None of the latter are illegal to my knowledge. Throwing knives are a hobby of mine, as is hunting/fishing, which is why they were in my car. On top of that, they took of all these items in a camo bag that I owned, and told us we were free to go, and that we would recieve something about this in the mail. Now, my buddy told me on the ride home that one of the officers told him that this could classify as a misdemeanor, but he didn't say under what ciscumstances. I assume about the knives, and him shooting a pellet gun from/at a moving vehicle, in public.

Now my questions about this are as follows. There was never assault with a deadly weapon, so I'm wondering just how far this could go. If it isn't a misdemeanor, we're hoping it is just a fine or probation. Was it legal for the officers to take the knives and replica axe, seeing as they are not against the law? Was it legal for the officers to have not read us our rights? They had a good cop/bad cop deal going on, one acted nice to us trying to get more info, the other literally called us "retards", "dickheads" and "fucking idiots." Are those three guys liable for verbal issues? This whole problem started because they decided to run their mouths for no reason. I understand what we did was not right either, but we were pretty curious to see who they were, and angry at the same time. We never intended to harm anyone. We both honestly thought they were people who knew us.
And what could me and my friend be looking at as far as punishment goes? Would be summoned for court over this? Facing jail? I will admit we were both acting on emotion, he was responsible for brandishing the airsoft gun, and I was responsible for driving and following them. But when it was all said and done, the police decided there was no physical threat, and no damage was done to anyone.

Having this on our records, or even worse, serving jail time, would screw us both over, and flush our futures down the crapper. So I'm wondering what exactly do you think could happen? I am having trouble finding Pennsylvania laws about switchblade knives, but according to one website, they are legal to possess, but illegal carry on your person. Neither of us "carried" these knives, they were in a bag in the car. Also, I know this isn't the biggest issue, but could it be possible to get some of our stuff back? The straight blade knives that I use for hunting/hobby are legal, and I don't even know they took a fake axe and my bag. Those guns are also legal, practically toys, but they cost about 50 bucks each.

My own assumption is that, because we were just confiscated of our pellet guns and knives, and were then sent home, we may only end up with fines, and at the most, community service. The searching officer only asked me where my airsoft gun was in my car, and went right there. I was honest and told him about the knives and other things on my own accord. After that, he didn't check anything else, not even the trunk, they weren't even concerned about drugs or alcohol being involved (they weren't). I mean, if they didn't througholy search the vehicle, and then just sent us home without arrest, then they hopefully understood we were just some young kids messing around. My worst fear, however, is that I get summoned to court over this, and am convicted for a misdemeanor. In Pennsylvania, a misdemeanor could hold up to five years in jail, and a 10,000 dollar fine. Even a third degree misdemeanor is up to one year in prison, and up to a 5,000 dollar fine. The latter scares me, because I want to pursue a career in computer engineering, or IT management. Please help, thank you.
 
Now, you may be a very very lucky guy that you were not arrested right away and are facing serious charges.

Let me tell you what I would charge you with if I were the prosecutor:

i would charge you with aggravated assault, which under PA law is a second degree felony and carries up to 10 years in prison. I would also charge you with simple assault, Propulsion of missiles into a moving vehicle, reckless endangerment, Harassment, disorderly conduct and probably throw in one or more other charges, all misdemeanors, some of which carry up to 5 years in jail. Then you would probably try to plead the felony charge down to simple assault which is a misdemeanor 2 that carries up to 2 years in prison. And that is where you would go.

Now, why is that?

First of all, what you guys did was very irresponsible. First you put your own life into grave danger, just imagine if those guys would have had real guns and felt that you were shooting at them with real guns, they could have killed you and it would have been perfectly legal. If a police officer would have seen you shoot at them he also might have assumed you are trying to kill someone and might have shot you. You NEVER kid around with guns or things that look like guns.

Second: You risked killing those guys in the car. What if they had panicked because they saw you shoot at them and crashed into a tree? You would now face murder charges.

Again: you don't play around with things that could be taken for guns. Actually more and more courts are willing to treat BB guns and the like as "dangerous weapons" under the law, that is why I would and possibly could charge you with felony assault.

So you can be happy that those cops were of the cool type and you might get away with some disorderly conduct charge. You wil lhave to wait and see, but everything I listed above is a possible charge.

The cops confiscated the guns because they were used in a crime. Many states also have laws pertaining to the knives, I do not know if PA has any and what they say.

By the way, you also could be sued in civil court for assault by those guys you shot at. And, since you were driving you were the accomplice of your buddy, so you can be charged for the same crimes he can be charged with.
 
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My friend got his letter in the mail today. I have not recieved mail yet, but his said there would be charges of "Propulsion of missiles into a moving vehicle" and "Offense for prohibited weapon." How serious are those? Based on what happened, I should not be getting any charges about the pellet gun, I never operated mine during this incident.

I know I will at least be getting the one about a prohibited weapon. We're both having real regrets now and getting nervous about what might happen. My friend literally told me he has thought about killing himself because he is scared of going to jail and having this ruin his future.
 
Propulsion is a misdemeanor of the first degree that carries a maximum sentence of 5 years in prison.

I think it is time for you to get a lawyer.
 
Do you think there is any way this could end without us getting something serious like jail time? Could these be pled down to lesser charges so we end up with a fine/probation/community service?
 
Probably. This is what you should get a lawyer for.
 
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