Can a Felon Own an Air Rifle in the U.S.?

Life after a felony conviction doesn’t hit pause once the sentence ends. The ripple effects can last for decades—especially when it comes to rights and restrictions. One of the most confusing gray areas? Weapon ownership, particularly when it involves something that looks like a gun but technically isn’t—like an air rifle.

If you’re a felon or know someone who is, you’ve probably asked:
“Can I legally own a BB gun or pellet rifle now?”
It’s a fair question—and unfortunately, the answer isn’t as simple as yes or no.

What Is an Air Rifle?

Before diving into legality, we need to define what an air rifle actually is.

• An air rifle (aka BB gun, pellet gun, or air gun) uses compressed air, CO2, or spring-piston mechanisms to shoot projectiles.
• Unlike firearms, they don’t use gunpowder or explosive-based ammunition.
• Air rifles typically fire BBs or pellets, often used for sport shooting, pest control, or hunting small game.

They look and feel like real firearms
But legally, they may or may not be treated the same way—depending on where you live.

Federal Law: Are Air Rifles Considered Firearms?

Let’s go straight to the source:
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):

“Air guns, because they use compressed air and not an explosive to expel a projectile, do not meet the federal definition of a firearm.”
— ATF FAQ

So what does this mean?

Under federal law, air rifles are NOT firearms.
This means that federal gun laws—like the ones that ban felons from owning firearms—don’t apply to air rifles.
A felon can legally own an air rifle under federal law.

BUT—(and this is a big BUT)—that’s not the end of the story.

State Law: The Real Game-Changer

While federal law gives felons a green light, many states and even local cities have their own rules.

In some places, air rifles are heavily regulated. In others, they’re treated more like toys. Here’s a breakdown by state:

States With Restrictions on Felons Owning Air Rifles

These states either:

• Treat air rifles as firearms under certain laws
• Or restrict felons from owning any weapon

1. Illinois

• Illinois law considers air rifles with a caliber over .18 as firearms.
• Felons are prohibited from possessing firearms.
• So, air rifles above .18 caliber are off-limits to felons.

2. Michigan

• Air rifles that are .177 caliber or higher are considered “dangerous weapons.”
• Felons cannot own them unless they’ve had rights restored.
• Possessing a BB gun after a felony conviction can lead to new charges.

3. New Jersey

• All air guns, BB guns, and pellet guns are considered firearms.
• Felons are banned from owning firearms.
• So, no air guns allowed for felons.

4. New York

• Similar to New Jersey, BB guns and air rifles are considered firearms.
• Felons can face charges for having even a basic air rifle.

5. Massachusetts

• Requires a Firearm Identification (FID) card to possess air guns.
• Felons cannot get an FID card.
• Air rifles = no-go for felons.

6. California

• Air rifles are not technically firearms, but cities like San Francisco and Los Angeles have strict ordinances.
• Some felons have been charged under “dangerous weapon” clauses.
• Proceed with caution and check local ordinances.

States Where Felons Can Own Air Rifles (Generally)

These states do not classify air rifles as firearms and have no specific restrictions for felons owning them:

• Texas
• Florida
• Georgia
• Ohio
• Arizona
• Nevada
• Colorado
• North Carolina
• South Carolina

Always check city or county laws, as they can be more restrictive than state laws.

Read More: Can a Felon Own a Muzzleloader?

Special Cases & Legal Grey Areas

Let’s cover a few situations where the law gets murky:

Probation or Parole Restrictions

Even if state or federal law allows it, probation officers or parole conditions may prohibit owning any kind of weapon, including:

• Bows
• Crossbows
• Air rifles

Check your terms of release or consult your attorney before purchasing.

School Zone Laws

In most states, you can’t carry or use air rifles within 1,000 feet of a school, even if you’re not a felon. Doing so can lead to serious charges.

Hunting Laws

Some states allow air rifles for hunting small game—but not for felons, as hunting licenses are often denied to those with criminal records.

What Happens If a Felon Is Caught With an Air Rifle?

Penalties vary based on state law:

• Misdemeanor charges (fines and community service)
• Felony possession charges (especially in New Jersey or New York)
• Violation of parole or probation, which can lead to prison time

Case study:
In Michigan (2020), a man on parole was arrested for possessing a .22 caliber pellet rifle. Though it wasn’t a firearm by federal standards, Michigan law considered it a dangerous weapon, and he was charged accordingly.

Can Felons Restore Gun Rights and Own Air Rifles Legally?

Yes—but it’s not easy. Here’s how:

Pardon from the Governor or President

• Available in most states
• Wipes out conviction, restoring all civil rights

Rights Restoration Petition

• Some states allow felons to petition the court after a waiting period (usually 5–10 years)
• Judges weigh public safety and rehabilitation

How to Stay Safe Legally?

Before buying an air rifle:

1. Check your state’s penal code
2. Read city or county ordinances
3. If on parole or probation, review your conditions
4. When in doubt, consult a criminal defense attorney

Final Thought

While air rifles might not be classified as firearms under federal law, that doesn’t mean they’re risk-free for felons. State laws—and even city ordinances—can still make owning one a serious legal issue. So before picking up an air rifle, it’s smart to do your homework. Check your local laws, review any probation or parole conditions, and if there’s any doubt, talk to a legal expert. A little caution now can save you a world of trouble later.

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