Jimenez v. Zayre Corp.

SCHWARTZ, Judge.

We agree with the trial court that the sale to a minor of an ordinary BB gun is *29not forbidden by either Section 790.17 or 790.18, Florida Statutes (1975). A BB gun, which operates through the release of compressed air, is not an unspecified “other arm or weapon” under Sec. 790.17, see Smith v. Nussman, 156 So.2d 680 (Fla. 3d DCA 1963), nor a “pistol, Springfield rifle or other repeating rifle . . ” under Sec. 790.-18.1 See Secs. 790.001(5), (6), (13), Fla.Stat. (1975). This conclusion is made clear by the fact that the legislature specifically treated BB guns in Sec. 790.22,…