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For decades, BB guns have made it on the Christmas wish lists of children across the country.

But Minnesota courts have been saying it should qualify as a firearm, and now the state's supreme court will take up the issue when it reviews the case of a convicted felon who was sentenced to five years in prison for possessing one.

David Lee Haywood, a felony drug offender, was caught with a BB gun that looks like a Walther P99 pistol. He was convicted for illegal possession of a firearm by an ineligible person.

Attorney Remi Spencer said on "Fox and Friends" that most people would be surprised to know that in almost every state, BB or airsoft guns are considered firearms.

John Velleco, Director of Operations for Gun Owners of America, said that a firearm involves gunpowder and that it's "Orwellian" for a judiciary to change the definition of something that's been widely accepted for a long time.

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