Background on Pellet Gun Laws
Understanding Pellet Gun Laws Within City Limits
The first step to better understanding how to legally own or operate a pellet gun is to know exactly what you’re dealing with. At its base level, a pellet gun – also known as a pellet rifle – is a type of air gun that uses compressed air to physically expel an object, in this case, a pellet. Because the energy it uses to fire a pellet is compressed into the air, it is rarely technically defined as a firearm and therefore is relatively easy to acquire compared to other types of guns which are made to expel a projectile by chemical means.
More technically, the Bureau of Alcohol, Tobacco, Firearms and Explosives defines a firearm as:
• Any weapon (including a starter gun) which will, or is designed to, or may readily be restored to, expel a projectile by the action of an explosive
• The frame or receiver of any such weapon
The part of a shotgun or rifle known as the "chamber"
Any destructive device
Any machinegun
If a weapon or device fits this definition, it will be subject to all laws applicable to firearms . However, if it falls under any exception listed in the exemptions for the definition of a firearm, the weapon or device will not be covered under federal gun laws.
Because most states, cities, and towns have banned many types of firearms in an effort to prevent crimes involving guns, it is important to know the laws in your area before purchasing a pellet gun – even if it is considered a toy and is not blocked in the same manner as a conventional firearm. The reasons governing bodies regulate firearms are to control use, prevent illegal activity, and also to maintain public health and safety. As they pertain to pellet guns, these rules begin with age restrictions and permits, extend through direct usage, and even extend to where you can safely and legally use a pellet gun.
Federal Vs. State and City Pellet Gun Laws
On the federal level, there are currently no restrictions regarding pellet gun and replica firearms. You are allowed to buy, sell, and use pellet guns as you wish. In fact, pellet guns fall under the United States definition of under the federal definition of firearms as a "gun which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive." Regulated Replica firearms are defined as "any toy gun, look-alike gun or any item that could reasonably be perceived to be a firearm." However, the law is in place to prevent individuals from using real firearms and pretending that they are pellet guns. The only way you can change your device from a pellet gun into a firearm is if you modify it so that does not fall within the scope of the laws outlined above. While the federal government is manages to regulate much of the policies for doing anything and everything with pellet guns, cities have the power to put their own laws in place (like city ordinances). For example, Houston does not require you to obtain a license for using a pellet gun in the city limits. In Austin, you can’t discharge a BB gun without a license. In Austin, if you have a warrant covering Class B misdemeanors, then they can be a third-degree felony. Furthermore, in San Antonio, you cannot discharge a pellet gun within the city limits at all. As you can see, some of the city laws vary quite a bit, so it is very important to research your local government’s pellet gun laws to ensure that you are operating within the law.
Local City Ordinances and Restrictions
City ordinances vary widely on the pellet gun restrictions within the city limits. Some cities restrict pellets guns in general. Others allow them to be used in some places but not others, and some only allow them if you are over a certain age.
For example:
- In Appleton, Wisconsin, you can own a pellet or BB gun but can’t discharge one anywhere in the city limits.
- In Madison, Wisconsin, you can own a BB or pellet gun as long as you are at least 16 years old and shoot it on a range or private property and you have the property owner’s permission.
- In Richmond, Texas, it’s illegal to fire any type of air gun within the city, unless you’re in a shooting range or enclosed trap and only if you’re at least 18.
While laws do not always state the reason why the restrictions are in place, often these laws are passed as a response to incidents involving either a private citizen or law enforcement officer being injured by one.
Penalties for Pellet Gun Law Violations
Consequences of Violating Pellet Gun Laws Within City Limits
The legal ramifications for violating pellet gun laws within city limits can vary greatly, but typically there are two different types of penalties that apply. First, you may be fined or sanctioned for the incident. In most cases, the law enforcement official will give you a citation and send you on your way with a warning to never do it again. If, however, the city or local authorities determine that law is being broken often – such as if you are firing the pellet gun in the middle of the street or if the damage and destruction to city property is substantial – then they will probably schedule you to come in for an official court date where you will be expected to plead your case.
These court dates are administered much like traffic court, meaning you’ll either get a slap on the wrist or be required to pay thousands of dollars in fines and potentially be sentenced up to 90 days in jail . Even then, the probability of you having to pay this money or serve this time depends on your character, the way you present yourself to the courts, and even your track record with past infractions.
In addition to legal fines and penalties, there is another consequence you should be concerned about. For an officer to seek a legal penalty, there must be evidence of a crime. With that said, if you are firing a pellet gun in city limits and an officer pulls up to your location, they will be forced to act upon the situation. In most cases, they will confiscate the weapon from you on the spot and may even write you a ticket. It is also possible that your pellet gun will be covered under the laws regarding firearms – meaning you could be charged with illegal discharge of a firearm and be taken to jail for your actions.
Pellet Gun Safety Tips and Responsibilities
Understanding the local laws and regulations regarding pellet guns is just part of the equation for the responsible pellet gun user. Being safe and responsible in the handling and use of a pellet gun is another major factor in making sure there is no harm to others, the environment or yourself. Here are a few key points to keep in mind: Always treat a pellet gun as if it were a real gun. This is the first rule that should be applied to pellet gun handling and shooting. By treating it like a real gun, you will never point it at anything you do not wish to destroy, and you will not shoot it at something you don’t intend to hit. Hearing protection is essential for anyone within 100 feet of a pellet gun. Even though the round is small, the sound can still be extremely loud and damaging to your ears. Take the environmental factors into account when shooting your pellet gun. Using eco-friendly pellets is a good idea, but there are also other things to consider. Make sure you clean up all emptied cartridges, tins and boxes from the area when you are done so that the local wildlife does not ingest any lead that might be in the area. Avoid using your pellet gun in areas where you could do damage to local vegetation or wildlife. Make sure you know and understand the local laws regarding pellet guns and follow them. This will ensure that no unexpected issues arise. If possible, research the laws before purchasing a pellet gun.
Conclusion: Keeping Up Wth Changes
When it comes to owning and operating a pellet gun within the confines of a city, the law is rarely clear-cut. You are urged to check with local ordinances if you have any doubts about whether your pellet gun is lawful to own. Your best bet in most situations, however, is simply to respect others by keeping your pellet gun away from public view and only using it for its intended purpose, or fun. Even in the case of the best of intentions , the apparent use of a pellet gun may be misjudged, (e.g., what started as a friendly game of Frogger with friends in the backyard might result in the cops being called.) Many states, counties, cities, and towns have their own statutes that govern the ownership and operation of everything else from metal detectors and laser pointers to drones and tasers. The best course of action is to stay informed and continually check up on the law to stay compliant.