Airgun Laws & Ordinances

While in some countries airguns are not subject to any specific regulation, in most there are laws, which differ widely. Each jurisdiction has its own definition of an airgun; and regulations may vary for weapons of different bore, muzzle energy or velocity, or material of ammunition, with guns designed to fire metal pellets more tightly controlled than airsoft weapons. There may be minimum ages for possession, and sales of both airguns and ammunition may be restricted. Some areas require permits and background checks similar to those required for firearms.

The United States Federal Government has strict firearms Laws under the National Firearms Act (“NFA”), 72nd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted on June 26, 1934. The NFA is also referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 (“GCA”) is Title I. However, as this Guide will highlight, there are currently no Federal Firearms Laws, (or “FFL’s”) for pneumatic guns or compressed-air operated weapons of any kind. The U.S. has no federal laws regarding the sale, possession or use of Airguns.

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.

That understood each State within the United States may (or may not) have each of its own laws or restrictions under (State Laws) for air-guns and spring guns, use, sale and/or possession. While most U.S. States have restrictive laws regarding minors under the ages of 16 or 18. Other air-gun laws may vary by city, town or by County. Each of these are under municipality codifications, or “ordinances”.

The following information is a limited guide to many of those laws or ordinances. There are international laws regarding the sale, possession, use or import/export laws for airguns.

SUMMARY OF STATE LAWS REGULATING NON-POWDER GUNS

States that Regulate the Transfer, Use or Possession of Non-Powder Guns

California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Illinois
Maine
Massachusetts
Michigan
Minnesota
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Mississippi
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Oklahoma
Pennsylvania
Rhode Island
Virginia
Washington
Wisconsin

States that Define All Non-Powder Guns as Firearms

New Jersey
Rhode Island

States that Treat Certain Non-Powder Guns as Firearms

Illinois
Michigan

States that Define Non-Powder Guns as Dangerous or Deadly Weapons

Connecticut
Delaware
North Dakota

States that Impose Age Restrictions on Possession, Use, or Transfer of Non-Powder Guns

California
Delaware
District of Columbia
Florida
Illinois
Maine
Massachusetts
Michigan
Minnesota
New York
North Carolina
Pennsylvania
Virginia

States that Explicitly Regulate Possession of Non-Powder Guns on School Grounds

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California
Colorado
Connecticut
Delaware
Minnesota
Mississippi
New Hampshire
North Carolina
Virginia
Washington
Wisconsin

DESCRIPTION OF STATE LAWS REGULATING NON-POWDER GUNS

Nineteen states and the District of Columbia regulate the transfer, possession or use of non-powder guns to some degree. 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.

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 BB’s, 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.38 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 term “child” 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.

IMPORTANT INFORMATION

We strongly recommend that you find the law for your state/area before purchasing from us at just-airguns.