I live in the suburbs, and I have a huge squirrel problem. The little buggers torment my two dogs to no end. They like to sit on the fence and taunt the dogs knowing they can’t jump that high. The problem comes when they jump up on the roof of my house and try to find a way into the attic.
Every once in a while I sneak out with my air rifle to take care of the problem. That didn’t seem to be an issue until I discovered my neighbors weren’t too happy with this. It made me wonder what the law was regarding discharging an air rifle within the city limits.
The majority of states don’t regulate the use of air rifles. Only New Jersey requires you to obtain a permit to purchase a BB or pellet handgun. However, city and county governments can pass ordinances that regulate the use of air guns within their borders. The question we’re asking here though is whether we can use the airgun to get rid of pests around our house. In most urban areas it is unlawful to discharge any weapon that expels a projectile. Either through an explosive action (gunpowder), a pneumatic system, or a by spring. As you can see this can be a tricky issue. Let me provide a little guide for you to help you get started.
How to use this article
I’m going to guide you the best I can here, but keep in mind you will have to check locally too. There are just too many nuances to cover in a generalized article about the matter. Think of this article as an indication of the direction you need to go to find out what is best for you. Do not expect to be able to tell the police or your neighbor that Dave over at Airgun Planet said it’s OK and get out of any trouble you’ve gotten yourself in.
The best way to think about this is, if there is a chance, you will hit someone with a pellet you better think twice about shooting in that area. I know that’s very broad. The way I look at it personally is if I weren’t that close I would feel fine, but being close to my neighbors I need to dig in even more. So, that’s what I decided to do.
Next, let’s take a closer look at how the federal government regulates the use of air guns and then tighten the shot group down to states and then cities.
How the federal government sees air guns or rifles
Unlike other countries, no federal laws exist regulating the transfer, possession or use of air guns. They do not require you to apply for a license to purchase an air rifle. Some other countries are much tighter in their regulations and even dictate specific FPS. It’s a fascinating topic if you want to nerd out, but we won’t go into that here.
Essentially, air rifles fall under general statutory rules. It’s more of a product hazard and risk to children type of scenario.
When I found this out I thought it was kind of weird. I didn’t track down the reasoning, but I wonder if it’s the ever-present public opinion that airguns are for little boys to shoot while they pull around their little red wagon. I know for a fact most people don’t understand exactly how powerful some of these beauties can be.
Anyway, what we found out is we are in the clear so far, but now we have to dig further.
How the states regulate air guns or rifles
When we are dealing with laws we have to understand the legal jargon. It’s annoying, but if we don’t it’s very easy to interpret something wrong. States call airguns, non-powder guns, and these include anything using air, pistons, springs, etc. to expel a projectile.
States that do Regulate:
The states that do regulate airguns generally look at non-powder guns (airguns) under one of four categories.
All non-powder guns are considered firearms:
Only New Jersey and Rhode Island use this definition. The intent is to keep non-powder guns out of the hands of children and felons. Kids can’t shoot them unless supervised by an adult.
Some non-powder guns are considered firearms:
Illinois and Michigan are the worst for airgun users. They have ruled that high-power or large caliber non-powder guns are firearms. Not only that, but they are very specific, so while it is clear for you, there is also very little leeway.
- Illinois has left little room for interpretation and defined anything over .18 caliber a firearm. Let’s see, what does that leave us, the almighty .177, or if the muzzle velocity is under 700 FPS.
- Michigan has narrowed it down even more by stating anything over .177 is considered a firearm. To be legal the rifle or handgun must have a smooth bore and exclusively propel BBs.
Non-powder guns are dangerous weapons:
Connecticut, Delaware, and North Dakota have various rules regarding the use of these dangerous weapons.
- In Connecticut, it is unlawful to carry on your person or transport in a vehicle a dangerous weapon. However, some BB guns are exempt from the rule.
- In Delaware large caliber BB or air guns are considered dangerous weapons.
- Lastly, North Dakota has increased penalties for the improper use or possession of dangerous weapons.
You should feel all warm and cozy with the vagueness of those definitions right? Yeah, me neither.
Non-powder guns and minors:
While most states don’t regulate possession for adults, minors are another question. Doing a complete 180 we see most states regulate the possession of air guns by minors and have varying ages for what constitutes a minor. Anywhere from 12-18 years old depending on the state.
Luckily, in most states, minors can use air rifles under the supervision of an adult. This is probably because a lot of people view airguns as trainers toward the safe use of true firearms.
DO NOT bring an air gun to school. It makes sense that increased numbers of states are cracking down on anyone, especially minors bringing non-powder guns on or near school property. Keep your air guns away from any school unless you want to be in serious trouble.
The following states have some type of regulation regarding the sale or use of airguns:
Previously I said most states don’t regulate airguns, and that remains true despite the length of the list below. The regulations indicated below are for more specific situations. These can be age restrictions, school grounds laws, etc.
- 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
The following states have age restrictions on possession or use of air rifles:
- California
- Delaware
- District of Columbia
- Florida
- Illinois
- Maine
- Massachusetts
- Michigan
- Minnesota
- New York
- North Carolina
- Pennsylvania
- Virginia
The following states regulate the possession of air guns on school grounds:
- California
- Colorado
- Connecticut
- Delaware
- Minnesota
- Mississippi
- New Hampshire
- New York
- North Carolina
- South Dakota
- Virginia
- Washington
- Wisconsin
States with no law restricting the use of air guns or rifles:
- Alabama
- Alaska
- Arizona
- Arkansas
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Maryland
- Montana
- Nebraska
- New Mexico
- Ohio
- Oklahoma
- Oregon
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
- Wyoming
Please use this article as a guide. Even though it says, there are no laws restricting air guns you still need to check regulations regarding air rifles. Do your due diligence and check with law enforcement officials to get the facts.
I recommend that residents of California, Hawaii, Illinois, Michigan, Minnesota, Pennsylvania, District of Columbia, and Virginia dig deep into the state laws. These eight states have more regulations than most. Don’t take a chance. Ask questions before you buy an air rifle.
How do I know if I can shoot within my city limits?
There is a useful guide located at Airgun Laws and Ordinances that covers many cities, but not all. That would be nearly impossible.
County Website
Start with your county, and then start digging into your city ordinances. If you don’t want to talk to someone, you’ll have to do some internet searching. Keep in mind this can be difficult with some cities, townships, and counties. They don’t word things the way you might think, and they don’t always put things where you might logically think they should be. For instance, there might be an airgun ordinance relating to schools, but there could be a reference somewhere else about projectiles on your property.
Real Life Conversation
All that said you might have to just talk to someone to get the real deal. I’m an introvert, so I’m not likely to actually take that step, but I highly encourage you too. The best thing to do is check with your local police department or sheriff’s office. Better to be right on this matter and not risk a stiff fine or a lawsuit.
Common Sense
If you absolutely are not going to talk to someone, and you are struggling to look through the ordinances we are back to our general rules. These are just common sense guidelines and won’t hold up anywhere. A good rule of thumb would be if you can see your neighbors house. Best not to shoot.
Chances are if you are asking about the laws surrounding air rifles you aren’t using your grandpa’s BB gun. In some cases, the pellets from these airguns travel just as far as a .22 long rifle. That’s dangerous under the right or wrong circumstances. We even have an article comparing a .22 air rifle and a .22 long rifle.
Do you live in a rural area
If you live in a rural area, I’m sure you will have more leeway on discharging air guns on your property. There is a reason some of us crave rural life right? I may live in a suburb now, but I grew up in farm country. As you well know the best protection for yourself in the use of your airguns is to have a conversation with your neighbors. Chances are if you or your kid are looking to control pests your neighbors might give you some extra pest management practice on their property too.
If your city does allow the use of air guns within city limits, there are ways to reduce the chances of errant shots. Check out how to build a pellet trap. Best of all you will be to reuse the pellets so you can hone your marksmanship skills.
Where can I legally hunt with an air rifle?
You may want to do more than plink away at a stationary target. Maybe you want to bag yourself a trophy. Well, then you better check out if you can hunt with an air rifle in your state. Yet another level of laws to dig into, but here we go.
Red: New Hampshire does not allow air rifles for any hunting.
Orange: States in orange allow you to hunt big game with large caliber air rifles. You will need to consult with each state to get the specific regulations. States tend to change their laws. Always check with whatever agency administers fishing and wildlife laws in your area.
Yellow: States in yellow allow hunting with air rifles but have special rules in place that limit what you can and can’t do.
- Hawaii – you can hunt with air rifles on private property, and you must have owner’s permission.
- Illinois – you can hunt with air rifles on private property, and you must have owner’s permission.
- Kansas – no hunting bullfrogs or turtles with an air gun.
- New Jersey – the air gun must be at least .177 caliber but no larger than .22 caliber, and it must be capable of shots with a velocity of least 600 FPS.
- New York – the air gun must be .177 caliber or larger and it must be capable of shots with a velocity of least 600 FPS.
- North Carolina – air rifles fall under the rifle category, so follow the rules that apply to firearms.
- Pennslyvania – you can hunt for small game and fur-bearing animals. The air rifle must be .177-.22 caliber. To hunt woodchucks, you must you at least a .22 caliber air gun.
- Rhode Island – the air gun must be .177 caliber but no larger than .22 caliber. A muzzle velocity of at least 750 FPS and pellets 7.5 grains or larger.
- South Dakota – The air gun must have a velocity of at least 1000 FPS, and you can only use hunting pellets. Check the game handbook for details on legal game.
- Texas – the air gun must be at least .177 caliber with a velocity of 600 FPS for hunting squirrels. There is a possibility that whitetail deer hunting will be legal in 2018.
Green: States in green allow hunting with air rifles but always check the local regulations. You don’t want your brand new air gun taken away, do you?
Air rifle hunting regulations to keep in mind.
In addition to restrictions listed above, some states only allow hunting on certain days of the week. A few states do not allow hunting on Sundays. Over time, many states have lifted the ban on hunting during Sundays; but these states remain to uphold their hunting laws: Pennsylvania, Massachusetts, Maine, and Delaware.
Other states, such as Virginia, South Carolina, and North Carolina, allow hunting on Sundays, but only if the hunting is done on private property.
Note: This is for information purposes only. Always check the local hunting regulations with your state’s fish and wildlife authority before hunting with an air rifle.
Final words
I am by no means a lawyer and all the information listed is from research on the internet. Laws change all the time and what I’ve given is only general guidelines to get you started. Make sure you check with the appropriate officials before purchasing an air rifle and go carrying it around town.