A pellet gun, often confused with a BB gun or air rifle, shoots metal pellets using compressed air or gas instead of gunpowder. They’re popular for:
Target shooting
Pest control
Small-game hunting
Pellet guns are usually not considered firearms at the federal level because they don’t use explosive force to fire a projectile. BUT—and this is a big “but”—some states and local jurisdictionsdo consider them firearms. And that changes everything for felons.
- Advertisement -
Federal Law: What Does It Say About Felons and Pellet Guns?
Under federal law, convicted felons are prohibited from possessing firearms or ammunition under 18 U.S. Code § 922(g). However:
50 U.S. states, showing whether a felon can legally own a pellet gun (air rifle/BB gun). Laws vary significantly across the country, so we’ve summarized each state’s stance based on definitions of firearms, weapon possession laws, and restrictions specifically targeting felons.
State
Legal for Felons?
Legal Note
Alabama
✅ Yes
Not considered a firearm under state law.
Alaska
✅ Yes
Felons can own air rifles unless on probation.
Arizona
✅ Yes
No restriction unless part of probation/parole terms.
Arkansas
✅ Yes
Legal unless used criminally or prohibited under release terms.
California
❌ No
Penal Code 16520 includes some pellet guns as firearms.
Colorado
✅ Yes
State allows it, but local city laws may vary.
Connecticut
❌ No
Air guns require permits which felons cannot obtain.
Delaware
❌ No
Defined as deadly weapons; felons prohibited.
Florida
✅ Yes
Legal unless concealed or used unlawfully.
Georgia
✅ Yes
Legal under state law; federal restrictions don’t apply.
Hawaii
❌ No
Treated as firearms; felons restricted.
Idaho
✅ Yes
No law restricting felons from owning pellet guns.
Illinois
❌ No
Requires FOID card, which felons can’t get.
Indiana
✅ Yes
Not classified as firearms; legal for felons.
Iowa
✅ Yes
Felons can possess unless under special court orders.
Kansas
✅ Yes
Pellet guns are not firearms; legal for felons.
Kentucky
✅ Yes
Felons allowed unless under parole with weapon ban.
Louisiana
✅ Yes
State doesn’t classify air guns as firearms.
Maine
✅ Yes
Pellet guns not regulated as firearms.
Maryland
⚠️ Restricted
Varies by city; Baltimore bans all air rifles.
Massachusetts
❌ No
Air guns are regulated as firearms.
Michigan
❌ No
Defined as dangerous weapons; felons restricted.
Minnesota
✅ Yes
Legal unless used in a criminal act.
Mississippi
✅ Yes
No restrictions under state law.
Missouri
✅ Yes
Legal; pellet guns are not firearms by definition.
Montana
✅ Yes
Felons can own pellet guns under current law.
Nebraska
✅ Yes
No restrictions unless parole conditions apply.
Nevada
✅ Yes
State allows ownership by felons.
New Hampshire
✅ Yes
No law banning felons from air gun ownership.
New Jersey
❌ No
Air guns treated as firearms; felons banned.
New Mexico
✅ Yes
Felons may legally own pellet guns.
New York
❌ No
Many pellet guns are regulated as firearms.
North Carolina
✅ Yes
Legal, though certain hunting uses may be restricted.
North Dakota
✅ Yes
No restriction under state law.
Ohio
✅ Yes
Allowed, though local laws may vary (e.g., Cleveland).
Oklahoma
✅ Yes
No legal barrier for felons.
Oregon
✅ Yes
Felons can own air guns unless probation prohibits.
Pennsylvania
✅ Yes
Legal, no firearm classification for pellet guns.
Rhode Island
❌ No
Felons are barred from owning even non-powder guns.
South Carolina
✅ Yes
No law preventing felons from air gun possession.
South Dakota
✅ Yes
Legal for felons under state law.
Tennessee
✅ Yes
Pellet guns not classified as firearms.
Texas
✅ Yes
Felons can own pellet guns legally.
Utah
✅ Yes
Legal unless explicitly restricted by parole.
Vermont
✅ Yes
No restrictions for air rifles.
Virginia
✅ Yes
Air guns are legal for felons to possess.
Washington
✅ Yes
State doesn’t define pellet guns as firearms.
West Virginia
✅ Yes
Legal under state law; local laws apply.
Wisconsin
✅ Yes
Felons may possess air guns legally.
Wyoming
✅ Yes
Pellet guns are not firearms; legal for felons.
Real-World Case Example
Case: People v. Ruggles (California)
In 2001, a California man was convicted for possessing a pellet gun as a felon. The California Court of Appeals upheld the conviction, noting that pellet guns qualify as firearms under state law. Lesson: What’s legal in one state can land you in jail in another.
- Advertisement -
What Makes a Weapon a Firearm?
Here’s how most laws define a firearm:
A device that expels a projectile by combustion, explosion, or similar force.
Pellet guns use compressed air or CO2—not combustion—so they usually fall outside this definition.
- Advertisement -
However, states may broaden that definition or create new weapon categories, such as:
“Dangerous weapons”
“Air weapons”
“Replica firearms”
Hunting With a Pellet Gun: Can Felons Do It?
In many states, yes—but with caveats:
- Advertisement -
Some states require a hunting license.
Felons may be banned from getting a license.
Game laws may prohibit air rifles for specific animals.
Example: In Texas, you can hunt small game with a pellet gun if you have the right license—even as a felon. But in California, felons can’t legally hunt at all—even with air guns.
Risks of Owning a Pellet Gun as a Felon
While owning one might be legal in your state, here are the real risks:
1. Mistaken Identity
Cops often can’t tell the difference between a pellet gun and a real firearm. That could lead to:
Arrest
Confiscation
Legal issues
2. Use in Crime
If a pellet gun is used to commit or threaten a crime, most states will treat it as if it were a real gun.
3. Violation of Probation/Parole
Many parole or probation conditions prohibit any weapon possession, even pellet guns. Check your conditions carefully.
Tips to Stay Legal and Safe
Know your state law (check official state websites)
Don’t carry in public unless clearly allowed
Avoid modifying the gun
Inform your parole officer if required
Keep receipts or documentation for legal proof
Legal Workarounds (That Actually Work)
Here are 3 ways felons have legally enjoyed shooting sports:
Using Airsoft Guns – These shoot plastic pellets and are legal in more places.
Shooting at Certified Ranges – Some states allow supervised shooting.
Restoration of Rights – Some felons can petition to have firearm rights restored.
Final Thought
Rebuilding life after a felony isn’t easy, and one wrong move can bring everything crashing down. While federal law says yes, many states say no, or at least “it depends.” So before picking up a pellet gun, know your state laws inside and out. When in doubt, talk to a legal expert. It’s not worth risking your freedom over something that seems harmless but could be illegal where you live.
FAQs
Can a felon own a BB gun in the U.S.?
In most states, yes. But check local laws—some treat BB guns as firearms.
What happens if a felon is caught with a pellet gun in California?
It can lead to new felony charges and prison time.
Can felons go hunting with a pellet gun?
Sometimes. It depends on state wildlife laws and license eligibility.
Is a pellet gun considered a firearm on probation?
Often yes. Most probation terms prohibit any weapon, even pellet guns.
I’m Jeremy Larry, once enjoying a fulfilling career and life, then reshaped by a felony conviction. This pivotal moment drove me to help others facing similar challenges. Today, I dedicate my efforts to guiding felons in finding employment, housing, and financial aid through comprehensive resources and advocacy. My mission is clear: to provide a pathway to redemption and a second chance for those who seek it.
I’m Jeremy Larry, once enjoying a fulfilling career and life, then reshaped by a felony conviction. This pivotal moment drove me to help others facing similar challenges. Today, I dedicate my efforts to guiding felons in finding employment, housing, and financial aid through comprehensive resources and advocacy. My mission is clear: to provide a pathway to redemption and a second chance for those who seek it.
