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JIMENEZ v. ZAYRE CORPORATION

No. 78-2238.

374 So.2d 28 (1979)

Gerardo JIMENEZ, Jr., Etc., et al., Appellants, v. ZAYRE CORPORATION et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 5, 1979.

Attorney(s) appearing for the Case

Laurence D. Faye, Coral Gables, and Robert A. Romagna, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and T.E. Scott, Peters, Pickle, Flynn, Niemoeller, Stieglitz & Hart, Jeanne Heyward, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

SCHWARTZ, Judge.

We agree with the trial court that the sale to a minor of an ordinary BB gun is not 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...

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