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Remember that Air Guns are not a toys, They are functional weapons. Always observe all of the proper handling and safety procedures of a live firearm. Before you shoot any Air Guns read and understand the instruction manual and all of the Air Guns' functions. It is essential that all Air Gun users understand the proper handling and functions of their Air Guns or Airsoft guns. We recommended use by adults or by youth under adult supervision. It is the responsibility of you the buyer, not RedOctober.org, to understand your local, state, and federal laws. For more information about shooting visit the NRA website.
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Most new Air Guns resemble high powered cartridge firing weapons. Many people, including trained and experienced law enforcement officers may not be able to distinguish a pneumatic gun from a lethal weapon and /or may assume incorrectly that it is a cartridge firing weapon. You must be aware of this and remain extremely circumspect whenever you are carrying this air gun within the view of others. You should also be aware that in many jurisdictions it is unlawful to brandish a weapon and /or cause apprehension in others that you are brandishing a weapon. Be polite, courteous, cautious, and conscientious whenever you are using or carrying this product.
Disclaimer: The information and materials on this website are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature and may not apply to a specific factual or legal circumstance.
Amazon.com Product Reviews: While we aim to provide accurate product information, it is provided by manufacturers, suppliers and others, and has not been verified by us. Click Here for More Information.
Under Federal Law (United States of America)
Non-powder guns, including BB, air and pellet guns, are inherently dangerous weapons that can inflict potentially severe or lethal injuries, particularly on children. According to one study, there are an estimated 3.2 million BB/pellet guns sold in the U.S. each year.1 Because non-powder guns expel projectiles (usually made of metal or hard plastic) through the force of air pressure, CO2 pressure, or spring action, they are different from firearms, which use gunpowder to generate energy to launch a projectile.
The Centers for Disease Control and Prevention have compiled national data on non-powder gun injuries which illustrate the inherent danger of these weapons. Between 2001 and 2011, non-powder guns injured 209,981 people nationwide, including 145,423 children age 19 or younger.2 In 2011 alone, 16,451 injuries including 10,288 injuries to children age 19 and younger resulted from the use of non-powder guns.3 According to the Consumer Product Safety Commission, BB guns and pellet rifles cause an average of four deaths per year.
Because non-powder guns are designed to discharge projectiles, often at high speeds and with significant force, they should not be confused with toy guns. Both non-powder and toy guns, however, are often designed to appear almost indistinguishable from actual firearms, and may be mistaken for firearms by law enforcement or others. According to a New York Times investigation,In recent years, dozens of police officers in Texas, California, Maryland, Florida and elsewhere have shot children and adults armed with what they believed were handguns but that were determined later to be BB guns or other types of air pistols.
Summary of Federal Law
Although there are no federal laws regulating their transfer, possession or use, non-powder guns are, unlike firearms, regulated by the Consumer Product Safety Commission (CPSC).7 Hence, non-powder guns are subject to generalized statutory limitations involvingsubstantial product hazard[s] and articles that createa substantial risk of injury to children.Â8 The CPSC has not adopted specific mandatory regulations in this area, although the BB gun industry has adopted voluntary standards regarding non-powder guns.
Federal law prevents states from prohibiting the sale of traditional BB or pellet guns, but explicitly allows states to prohibit the sale of these weapons to minors.10 Courts have interpreted these provisions to allow states to impose other regulations on the sale of traditional BB or pellet guns so long as the regulations fall short of prohibitions on sale.
Additionally, federal law regulates the design oflook-alike firearms, which includetoy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles.Â12 Every look-alike firearm must: (1) have a permanently-affixed blaze orange plug inserted in the firearms barrel; (2) have a similar marking on the exterior of the barrel; (3) be constructed entirely of transparent or translucent materials; or (4) be covered in certain bright colors. This federal law supersedes any state or local law which provide for markings or identification that are inconsistent with these requirements.
Summary of State Law
The following jurisdictions regulate the transfer, possession or use of non-powder guns to some degree:
STATES: California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Illinois, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Virginia, Washington, Wisconsin.
Description of State Laws Regulating Non-Powder Guns
Although additional regulations exist, non-powder gun regulations can generally be broken down into the following categories:
1. Defining All Non-Powder Guns as Firearms: New Jersey and Rhode Island take this approach, which generally ensures that all non-powder guns are kept out of the hands of children (absent direct adult supervision), and that felons and other individuals prohibited from possessing firearms are similarly barred from possessing non-powder guns.39
2. Treating Certain Non-Powder Guns as Firearms: Illinois and Michigan define high-power and/or large caliber non-powder guns as firearms. Illinois excludes from the definition of firearms non-powder guns of .18 caliber or less and non-powder guns with a muzzle velocity of less than 700 feet per second. Michigan excludes the following non-powder guns from the definition of firearms: smooth bore rifles or handguns designed and manufactured exclusively for propelling BBs, not exceeding .177 caliber by gas or air .
3. Defining Non-Powder Guns as Dangerous Weapons: Connecticut, Delaware and North Dakota list some or all non-powder guns as dangerous weapons. However, dangerous weapon laws tend to be much less comprehensive than laws regulating firearms. In Connecticut, it is unlawful to carry a dangerous weapon, although various exceptions exist for BB guns.40 It is also unlawful to transport a dangerous weapon in a vehicle without a permit. Delaware prohibits possession of dangerous weapons, which are defined to include certain large caliber BB or air guns. North Dakota applies enhanced penalties for the improper use or possession of dangerous weapons.
4. Regulating Non-Powder Guns with Respect to Minors: Most states that regulate non-powder guns do so by prohibiting transfers to children or by prohibiting/limiting where the guns can be possessed or used, although the restrictions are often inapplicable with parental consent or adult supervision. Depending on the state, the termchild is defined as being anywhere from under 18 years of age to under 12 years of age. A number of states also criminalize the use or possession of non-powder guns on or near school property, or provide that such use or possession shall be grounds for expulsion.
Air Gun Laws by State
By Joseph Magnotti | March 25, 2014
While there are no federal air gun laws, states do have their independent laws.
Various states and localities have different laws regarding air guns commonly known as pellet guns. The federal government does not have any laws regulating air guns. An air pistol or an air rifle is considered to be a non-powder gun.
There are many states that do not have air gun laws. The following is a list of states that do not have those laws: Oregon, Idaho, Nevada, Montana, Wyoming, Utah, Arizona, New Mexico, South Dakota, Nebraska, Kansas, Oklahoma, Texas, Iowa, Arkansas, Louisiana, Indiana, Ohio, Kentucky, Tennessee, Alabama, Kentucky, Vermont, Maryland, West Virginia, Hawaii, and Alaska.
The following states have some sort of pellet gun laws in place: Washington, California, Colorado, North Dakota, Minnesota, Missouri, Wisconsin, Illinois, Michigan, Mississippi, Maine, New Hampshire, Massachusetts, New York, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, and Florida.
There are no Federal laws about air guns. The Bureau of Alcohol, Tobacco, Firearms, and Explosives states that:
The term firearm is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921 (a) (3), to include(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon¦ Based on Section 921 (a) (3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by the ATF.
In North Carolina the legislature removed restrictions that forbid children under the age of 12 from using BB guns and air rifles without supervision.
Link to the North Carolina 2014 Bill
What is peculiar about this North Carolina law is that it only applies to some counties and not others. There are 100 counties in North Carolina. The statute formerly applied to 17 counties; now it applies to 12, removing 5 from the list. The 12 counties that remain contain some of the most populous, but not all. The counties that still have the restriction, and their populations (from wikipedia) are: Caldwell 82,395, Caswell 23,403, Chowan 14,831, Cumberland 324,885, Durham 273,392, Forsyth 354,952, Gaston 207,831, Haywood 119,256, Mecklenburg 944,373, Stokes 47,242, Union 205,463, and Vance 45,307. Some of the more populous counties that do not have the restriction are: Wake 929,789, Guilford 495,279, and New Hanover 206,189.
Link to More North Carolina Laws related to Air Guns
In Washington it is prohibited to willfully discharge an air gun in a public place, or at any place where a person could be endangered. They also prohibit someone from carrying or possessing an air pistol or air rifle that uses compressed air, carbon dioxide, or other gas at or in a public or private school, school bus, or any area used by a public or private school.
air-gun-laws California law prohibits the selling of air guns to persons under the age of eighteen. Also, it is prohibited to furnish an air gun to a person under age of eighteen of the minors parent or legal guardian. It is illegal to possess an air pistol or air rifle on the grounds of a public or private school in the grades K-12 without permission of the schools principal.
It is also illegal to draw or brandish an air gun in a threatening manner. Openly displaying an air gun in a public place is prohibited. A person may not posses an air gun in the area of a public transit facility.
In Colorado, a student will be under mandatory expulsion if they bring an air gun to school. This includes carrying, bringing, possessing, or using an air pistol or air rifle.
North Dakota defines air guns as dangerous weapons. Therefore, any law in the Criminal or Weapons sections of the North Dakota Century Code that refer to dangerous weapons also includes air pistols and air rifles.
Minnesota prohibits the carrying of an air gun in a public place. A person may not exhibit, display, or brandish an air gun in a threatening manner. Causing terror to others is illegal. It is also illegal to furnish an airgun to a child under the age of fourteen without the childs parent or guardians consent. Within a city it is illegal to provide a minor (a person under the age of 18) and airgun without his or her guardian or parents consent. An air gun cannot be possessed or stored on school property.
Missouri prohibits those persons that are intoxicated from possessing an air pistol or air rifle. A person may not possess a projectile that could cause death. An airgun is a projectile weapon. Shooting an airgun in a municipality is regulated at the municipality level. Supervision could be required of any minor under the age of twelve.
In Wisconsin, it is illegal to possess or carry an air pistol or air rifle on school property.
In Illinois, air guns are no longer considered as firearms effective on July 13 2012. Air Guns over .18 caliber must have a velocity below 700 feet per second (FPS). Air guns are prohibited in Aurora Illinois.
Michigan law defines high-power and/or large caliber air pistols and air rifles as firearms. Michigan also prohibits anyone under the age of eighteen from possessing or using an air gun.
In Mississippi, it is illegal to possess an air gun on school property.
Maine prohibits giving, selling, offering to sell, or furnishing a child under the age of sixteen with an air pistol or air rifle.
pellet-gun-laws New Hampshire law allows for the expulsion from school any student that brings an air gun to school. They may not attend school until the local board restores them.
Massachusetts prohibits a person from furnishing an air pistol or an air rifle to a person under eighteen. A person under the age of eighteen may not possess an air gun while in any place that has right of access unless he or she is accompanied by an adult.
In New York it is illegal for anyone under the age of sixteen to possess an air pistol or air gun.
Rhode Island law says that all air guns are classed as firearms. This ensures that felons that cant have firearms also cant have air pistols or air rifles.
Connecticut prohibits any person from carrying an air gun. They also ban the possession of an air gun in a vehicle.
In New Jersey, the law reads that all air pistols and air rifles are considered as firearms. This means they follow all restrictions and regulations of firearms. In order to buy an airgun, a person must obtain a permit to buy the weapon.
In Pennsylvania, a person may not sell, give, or lend an air pistol or air rifle to any person under the age of eighteen. A person under the age of eighteen may not carry an air gun on the highways or public lands unless they are with an adult.
In Delaware it is illegal to own an airgun that shoots a projectile greater than a BB shot. The sale or control of such an air gun is also prohibited. A person may not supply an airgun to a child under the age of sixteen. Only the childs parent or guardian may give a sixteen year old an airgun. No one may possess an air gun in a school or recreation area.
In Virginia the law authorizes a locality to restrict the use of air guns in heavily populated areas where doing so would be dangerous to the citizens. A parent or guardian must supervise a child below the age of sixteen using an air gun. Minors above the age of sixteen need written permission to use an air gun in any place designated for that use by local authorities. However, there are no ordinances prohibiting the firing of an air gun at approved firing ranges, property where firearms can be discharged, or private property so long as the projectiles dont cross property boundaries.
In South Carolina and Georgia, a person may not possess an air gun at any park or recreational facility.
In Florida, it is illegal to allow a minor under the age of sixteen to use an air gun without the supervision of an adult that has the minors parents permission.
The air gun laws by state vary. There are many similarities and differences. There are a number of states that do not have air gun laws. If you have any further questions regarding pellet gun laws in your area, its recommended you get in touch with local law enforcement.