"Firearm." Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.
The above is the legal definition of "firearm" as defined in our Crimes Code.
Using this definition, the BB gun, could fall under it. It may be a gray area depending on whether it's CO2 powered or spring powered, but being that "air" is a gas, it certainly covers any "air" gun, not specifically outlined and exempted
IMO it isn't that he had a bb gun, and "probably fake" isn't wnough for me to throw caution to the wind. The boy's action of disregarding the officer's orders to raise his hands, and instead reach for the gun in his waist band is the action that caused the shooting.
