Carrying a BB gun in public can definitely get you in trouble in many areas. Laws regarding BB guns vary significantly across different states and local jurisdictions. In some places, BB guns are treated the same as regular firearms when it comes to laws and regulations. In other areas, BB guns have fewer restrictions but can still land you in hot water if used irresponsibly or threateningly.
What are BB guns?
BB guns, also known as air guns, are a type of air gun designed to shoot metallic ball projectiles called BBs. The BB pellets are typically made of steel or lead. BB guns use air pressure to propel the BBs through the barrel and out of the muzzle at velocities that can reach several hundred feet per second. They come in a variety of styles including handguns, rifles, and shotguns.
While BB guns are not as powerful as conventional firearms that use gunpowder, they can still cause injury, especially at close range. However, most BB guns have a lower velocity than true firearms. The speed at which they can propel a BB is typically below 500 feet per second. This is enough force to break skin, damage eyes, knock out teeth, or even fracture bones at a close distance.
BB guns can be powered in a few different ways. Some use spring pistons that are cocked manually for each shot. Others use compressed air tanks or CO2 cartridges to pneumatically propel the BBs. High-end BB guns may have electropneumatic mechanisms that use battery power. Many BB guns are made to resemble actual firearms in appearance which can make them hard to visually distinguish from regular guns.
Laws regarding BB guns
Laws concerning BB guns vary greatly across different states and local jurisdictions. In some places, BB guns are considered regular firearms in the eyes of the law. In other areas, they are regulated and restricted differently than actual guns. It’s important to understand your local laws and regulations regarding BB guns.
At the federal level, the U.S. Consumer Product Safety Commission treats BB guns as non-powder guns. They do not regulate them as firearms under federal gun laws. However, some other federal agencies like the TSA treat BB guns as regular firearms when it comes to transportation regulations.
States and local municipalities can create their own laws classifying BB guns however they want. Many states treat BB guns asactual firearms when it comes to restrictions on use and possession. Others classify them simply as dangerous weapons and regulate them differently than guns. Some states provide exemptions for younger individuals to legally possess BB guns for recreational shooting and training purposes with supervision.
Many major cities like Chicago, New York City, Los Angeles, and Washington D.C. have ordinances in place banning the possession, use, sale, and/or transfer of BB guns within city limits. These ordinances essentially equate BB guns to firearms in terms of legality.
So whether a BB gun is considered a firearm or not depends completely on where you live and the applicable state laws and local ordinances. It’s essential to check the specific regulations in your area to know how BB guns are categorized and restricted.
Restrictions on carrying BB guns in public
The restrictions surrounding carrying BB guns in public also vary between jurisdictions but here are some general guidelines and considerations:
- States and cities that define BB guns as firearms typically require permits to carry them around in public, just like with real guns.
- Brandishing a BB gun in public will likely be treated as a crime equal to brandishing an actual firearm.
- Threatening someone with a BB gun is often considered assault with a deadly weapon, even if the gun only fires BBs.
- Bringing a BB gun onto school grounds, government buildings, public transportation, or other prohibited areas can result in criminal charges.
- Openly carrying a BB gun into private businesses may generate public alarm and lead to trespassing charges if police are called.
Even in areas with no specific laws about BB guns, recklessly waving around or threatening someone with a BB gun can lead to disorderly conduct, menacing, or other criminal charges. The safest policy is to avoid openly carrying BB guns in public spaces unless you have clear confirmation it is legal in your jurisdiction.
Restrictions on using BB guns
Most laws prohibit firing a BB gun in heavily populated areas for safety reasons. BBs travel at high velocities and can shatter windows or injure people. Firing a BB gun in a public park, your neighborhood, or other populated areas can lead to criminal charges like reckless endangerment, disorderly conduct, or unlawful discharge of a firearm depending on your local laws. Always check local regulations before using a BB gun.
Some additional safety guidelines for using BB guns:
- Treat a BB gun as you would an actual firearm in terms of safety practices.
- Only shoot at approved targets like paper targets or metal or plastic targets designed for BB guns.
- Set up a backstop or shooting trap to safely contain BBs beyond the target.
- Wear protective eyewear when shooting to prevent eye injuries.
- Do not shoot at water, rocks, glass, or other unsafe surfaces that can lead to ricochets.
- Maintain a safe downrange distance beyond your target to account for stray shots.
- Supervise children closely and teach safe handling procedures.
Legal repercussions for misusing BB guns
If you use a BB gun illegally, recklessly, or to threaten or harm others, you can face severe legal punishments including:
- Assault – Shooting someone with a BB gun can lead to assault with a deadly weapon charges, even if it only causes minor injuries.
- Reckless endangerment – Discharging a BB gun into an occupied building or public space may constitute felony reckless endangerment.
- Brandishing – Menacingly waving around or pointing a BB gun at other people may qualify as criminal brandishing.
- Unlawful possession – In jurisdictions banning BB guns, just possessing one can lead to firearms possession charges.
- Robbery – Committing a crime like robbery while armed with a BB gun can lead to enhanced penalties.
Punishments vary based on the jurisdiction and circumstances but can include hefty fines, probation, and even felony prison time in severe cases involving injuries or violent crimes. Juveniles may also face consequences like probation programs or detention centers.
Carrying BB guns on school grounds
Most states make it a crime to possess a weapon of any kind on school property without authorization. This includes knives, pepper spray, stun guns, and BB guns. School zones have enhanced legal protections and penalties designed to provide extra safety for students.
Bringing a BB gun onto school grounds typically constitutes a misdemeanor crime or felony, even if unloaded and not used in a threatening manner. Penalties may include fines, juvenile detention, suspension/expulsion, and even imprisonment for adults who trespass with BB guns onto school property.
School zones generally include the school building itself plus surrounding areas like parking lots, sports fields, playgrounds, and adjacent streets or sidewalks. The enhanced school zone laws apply whether or not school is currently in session and regardless of the carrier’s intent.
Bottom line – leaving BB guns at home and off school grounds is the only sure way to avoid legal jeopardy and school discipline related to possession of what administrators categorize as weapons in prohibited areas.
Transporting BB guns by vehicle
Many states allow the transportation of BB guns in vehicles under certain conditions. Generally, the BB gun must be unloaded and in a locked case or in the trunk, out of reach of the driver and any passengers. Even in states that allow vehicle transport, the BB gun should never be directly accessible to the driver during operation of the vehicle.
States and cities with the strictest BB gun laws may prohibit transporting them in vehicles at all without specific permits. It’s essential to know the laws in any areas you will be driving through before transportation.
The safest practice is to treat a BB gun like a regular firearm when transporting it by vehicle. Keep it unloaded, locked safely away, and out of reach in the trunk until you reach your intended legal shooting location or home.
Flying with BB guns
BB guns are prohibited in carry-on luggage on commercial flights across the U.S. The TSA considers BB guns to be firearms and does not allow passengers to transport them into airport terminals. BB guns can only be transported in checked baggage, provided they are unloaded, properly packed, and declared to the airline.
To transport a BB gun by air legally:
- Inform airline staff at check-in that you need to declare a firearm to be transported.
- Show the BB gun to the airline representative to verify that it is unloaded.
- Place BB gun in a proper locked, hard-sided case to be checked for the flight.
- Ammunition like BBs must be properly packed separately in checked baggage only.
Failure to follow these rules can lead to very serious criminal penalties from the TSA, FAA, and FBI. Even obvious toys like brightly colored BB handguns are banned from carry-ons, so always check regulations before flying with any type of BB gun.
Carefully inspect realistic-looking BB guns
One of the biggest dangers with BB guns is that police officers and average citizens often have difficulty visually distinguishing them from real guns, especially at a glance. BB guns that closely resemble actual firearms can easily be mistaken as the real thing.
This has led to tragic incidents where police have shot individuals holding BB guns because officers believed they were armed with actual deadly weapons and posing an imminent threat. It’s vital to understand that any perceived threat involving what appears to be a real gun can elicit a lethal response.
That’s why it’s extremely important to only use BB gun models designed with bright colors and clear distinctive markings that visually differentiate them from firearms. Do not paint or modify a replica BB gun to make it look more realistic. Responsible BB gun owners should be vigilant about properly identifying their guns to avoid conflict or tragic misunderstandings.
Using common sense
The bottom line is that while BB guns may not be as tightly regulated as firearms in some areas, it’s still important to use good judgment and common sense when possessing and using them.
You should never carelessly show, wave around, or point a BB gun at other people, even if “just joking.” It can understandably provoke a dangerous, potentially life-threatening response from both law enforcement and private citizens who feel threatened.
Always know your local laws, follow basic gun safety practices, carefully transport and store BB guns, only fire them in safe areas, and keep awareness of how others may perceive and respond to the presence of anything resembling a deadly weapon.
With age-appropriate supervision and safe handling practices, BB guns can be fun and worthwhile training tools. Like any device capable of causing injury, they must be used responsibly and not treated as casual toys, especially in any public setting.
Conclusion
BB guns fall into a tricky legal grey area that varies greatly across different states and local jurisdictions. In some places they are regulated as lightly as regular air guns. In other areas they are considered full-fledged firearms by law. There is no uniform nationwide standard.
If you choose to purchase, possess, transport, or use a BB gun, you need to fully understand the applicable laws and regulations where you live and anywhere you may travel with it. Reckless misuse or threatening display of a BB gun can carry severe criminal penalties, even if it only fires harmless BBs.
With supervised practice and responsible usage, BB guns can be an enjoyable shooting sport. Like any device capable of injuring others, common sense safety practices are a must. The onus is on the user to be informed and use good judgment when handling BB guns around others.