On Monday, the Court of Appeals in Minnesota upheld the conviction of David Lee Haywood for possession of a “firearm.” The firearm in question turned out to be nothing more that a Walther CP99 .177-caliber BB gun.
Police had stopped Haywood in 2013 for a traffic violation. While searching his car they found the BB gun in the glove compartment. Due to a previous drug conviction in 2005, Haywood was not allowed to own any firearms. Naturally Haywood and his lawyers argued that a BB gun is not a firearm as it does not use gunpowder to fire a projectile.
According to Fox News, Haywood lost his appeal as the state upheld the conviction by using language from the state’s fish and game laws from 1977. Haywood will now have to serve a mandatory minimum sentence of 5 years for possession of the BB gun.
While the BB gun at the center of the story looks similar to a real firearm. Further inspection of the barrel shows it to be nothing more than a BB gun. Common sense loses again and taxpayers are going to have to pay for Haywood’s 5 year prison stay.