GTA
All Springer/NP/PCP Air Gun Discussion General => Air Gun Gate => Airgun Legislation Actions/Information => Topic started by: Matt15 on May 28, 2015, 06:00:36 PM
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Do not know if anyone has seen this before.
https://airgunlaws.wordpress.com/#:~:text=However%2C%20as%20this%20Guide%20will,Act%20of%201968%2C%2018%20U.S.C.
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This is a good one to sticky. BUT, please be aware that even if there are no federal laws and your state may NOT have any airgun laws, a city, community, parish or township MAY have laws on their books. I found this out recently while looking for properties. Three of the four surrounding cities have ordinances on the books denying the use of airguns (or even slingshots) within the city limits. I am in the process of asking for amendment, rewrite or just the rewording of the ordinances.
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This is a good one to sticky. BUT, please be aware that even if there are no federal laws and your state may NOT have any airgun laws, a city, community, parish or township MAY have laws on their books. I found this out recently while looking for properties. Three of the four surrounding cities have ordinances on the books denying the use of airguns (or even slingshots) within the city limits. I am in the process of asking for amendment, rewrite or just the rewording of the ordinances.
Thanks Dave!
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It got NC wrong. I knew something wasnt right with it.
Under G. S. § 14-316, a person may not knowingly permit a child under the age of twelve
(12) to have access to or possession, custody, or use of any gun, pistol, or other dangerous
firearm, whether loaded or unloaded, unless the person has the permission of the child's parent
or guardian and the child is under the supervision of an adult. Air rifles, air pistols, and BB guns
shall not be deemed "dangerous firearms" within the meaning of this statute except in: Caldwell,
Durham, Forsyth, Gaston, Haywood, Mecklenburg, Stokes, Union and Vance Counties.
VII. FIREARMS
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"In Illinois, air guns are no longer considered as firearms effective on July 13 2012. Air guns over .18 caliber must have a velocity below 700 feet per second (FPS). Air guns are prohibited in Aurora Illinois."
Poorly stated. Airguns under .18 cal and larger calibers shooting less than 700fps are not considered firearms. Beyond that an IL Firearm Owners ID is required. And now that there are big bores that may live on the fringe of this law (think of a .50 shooting 650-699fps, and its resulting fpe), I think it's wise to live on the side of caution. It is, after all, IL.
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Greenwood Indiana City Ordinance
From the following it does not seem that we can shoot ANYTHING in our own backyard. :o
"Sec.6-331 DischargeofFirearmsandotherWeapons.
(a) It shall be unlawful for any person to discharge,shoot,or otherwise use any weapon except
as provided by Ind. Code§35-41-3-2orfor practice at a range approved by the Chief of Police.
(b) It shall be unlawful to shoot across or upon any public street or place or toward a public
way from any private premises,any bullet,pellet,missile or object impelled, from any gun,
firearm, pistol,or weapon operated by means of any explosive charge,or by springs, air
pressure,or other means,or impelled from a slingshot, or any other device having force
directed by the user thereof except as provided by Ind. Code§35-41-3-2.
the Code it refers to says the following
(a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary. (b) A person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle. (c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; only if that force is justified under subsection (a). (d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is: (1) on the ground in Indiana: (A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off; (2) in the airspace above Indiana; or (3) on the ground in Indiana: (A) after the aircraft lands; and (B) before the doors of the aircraft are opened after landing. (e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if: (1) the person is committing or is escaping after the commission of a crime; (2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or (3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action. (f) Notwithstanding subsection (d), a person is not justified in using force if the person: (1) is committing, or is escaping after the commission of, a crime; (2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or (3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1. - See more at: http://codes.lp.findlaw.com/incode/35/41/3/35-41-3-2#sthash.kw2sEsGs.dpuf (http://codes.lp.findlaw.com/incode/35/41/3/35-41-3-2#sthash.kw2sEsGs.dpuf)
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Good info for my newbie self, thanks.
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Yes, thank you for this! Now to go through our municiple's codes....
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Yes, thank you for this! Now to go through our municiple's codes....
Do you live in Chicago city limits or suburb?
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They also missed on Texas. It is illegal to take any game bird or game animal in Texas other than squirrel. Per the 2015-2016 Texas Parks and Wildlife Outdoor Annual:
Hunting Means and Methods
Firearms
Game animals and game birds may be hunted with any legal firearm, except:
white-tailed deer, mule deer, desert bighorn sheep, and pronghorn antelope may not be hunted with rimfire ammunition of any caliber.
shotguns are the only legal firearm that may be used to hunt Eastern turkey during the spring Eastern turkey season (see County Listing). Rifles and handguns may not be used to hunt Eastern turkey.
pellet guns and other air guns are not legal for the take of any game bird or game animal other than squirrel. To be lawful for the take of squirrel, an air rifle must be designed to be fired from the shoulder and use the force of a spring, air, or other non-ignited compressed gas to expel a projectile of at least .177 caliber (4.5mm) at a minimum muzzle velocity of 600 feet per second.
fully automatic firearms are not legal.
a shotgun is the only legal firearm for hunting migratory game birds (see Definitions - Legal Shotgun).
(@*#&%(*@&) may be used to take any wildlife resource; however, all federal, state and local laws continue to apply.
Nongame Animals (Non-Protected) may be hunted with any lawful firearm, pellet gun, or other air gun.
I'd advise people not to depend on a website list, and instead check their state and local laws.
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They also missed on Texas. It is illegal to take any game bird or game animal in Texas other than squirrel. Per the 2015-2016 Texas Parks and Wildlife Outdoor Annual:
Hunting Means and Methods
Firearms
Game animals and game birds may be hunted with any legal firearm, except:
white-tailed deer, mule deer, desert bighorn sheep, and pronghorn antelope may not be hunted with rimfire ammunition of any caliber.
shotguns are the only legal firearm that may be used to hunt Eastern turkey during the spring Eastern turkey season (see County Listing). Rifles and handguns may not be used to hunt Eastern turkey.
pellet guns and other air guns are not legal for the take of any game bird or game animal other than squirrel. To be lawful for the take of squirrel, an air rifle must be designed to be fired from the shoulder and use the force of a spring, air, or other non-ignited compressed gas to expel a projectile of at least .177 caliber (4.5mm) at a minimum muzzle velocity of 600 feet per second.
fully automatic firearms are not legal.
a shotgun is the only legal firearm for hunting migratory game birds (see Definitions - Legal Shotgun).
(@*#&%(*@&) may be used to take any wildlife resource; however, all federal, state and local laws continue to apply.
Nongame Animals (Non-Protected) may be hunted with any lawful firearm, pellet gun, or other air gun.
I'd advise people not to depend on a website list, and instead check their state and local laws.
Non-game animals is what I'm not sure about. I would think that would include all non-native species, including: collared dove, pigeons, wild hogs, and a few others; as well as native non-game animals: rabbits, coyotes, maybe coons and possums and some others.
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Wow I can't believe airguns are classified as firearms in certain states
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They also missed on Texas. It is illegal to take any game bird or game animal in Texas other than squirrel. Per the 2015-2016 Texas Parks and Wildlife Outdoor Annual:
Hunting Means and Methods
Firearms
Game animals and game birds may be hunted with any legal firearm, except:
white-tailed deer, mule deer, desert bighorn sheep, and pronghorn antelope may not be hunted with rimfire ammunition of any caliber.
shotguns are the only legal firearm that may be used to hunt Eastern turkey during the spring Eastern turkey season (see County Listing). Rifles and handguns may not be used to hunt Eastern turkey.
pellet guns and other air guns are not legal for the take of any game bird or game animal other than squirrel. To be lawful for the take of squirrel, an air rifle must be designed to be fired from the shoulder and use the force of a spring, air, or other non-ignited compressed gas to expel a projectile of at least .177 caliber (4.5mm) at a minimum muzzle velocity of 600 feet per second.
fully automatic firearms are not legal.
a shotgun is the only legal firearm for hunting migratory game birds (see Definitions - Legal Shotgun).
(@*#&%(*@&) may be used to take any wildlife resource; however, all federal, state and local laws continue to apply.
Nongame Animals (Non-Protected) may be hunted with any lawful firearm, pellet gun, or other air gun.
I'd advise people not to depend on a website list, and instead check their state and local laws.
Non-game animals is what I'm not sure about. I would think that would include all non-native species, including: collared dove, pigeons, wild hogs, and a few others; as well as native non-game animals: rabbits, coyotes, maybe coons and possums and some others.
Here's the definition of a game animal in Texas:
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 63. GAME AND NONGAME ANIMALS
SUBCHAPTER A. GAME ANIMALS
Sec. 63.001. GAME ANIMALS. (a) The following animals are game animals: mule deer, white-tailed deer, pronghorn antelope, desert bighorn sheep, gray or cat squirrels, fox squirrels or red squirrels, and collared peccary or javelina.
(b) No species of any animal set out in Subsection (a) of this section or any other animal is a game animal if it is not indigenous to this state.
As far as I understand non-game animals are fair game, and I would say your statement is correct. I know I've shot plenty of rabbits, and coyotes with an air rifle.
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They don't list any birds, but I'm pretty sure that all game birds are shotgun only.
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This is a good one to sticky. BUT, please be aware that even if there are no federal laws and your state may NOT have any airgun laws, a city, community, parish or township MAY have laws on their books. I found this out recently while looking for properties. Three of the four surrounding cities have ordinances on the books denying the use of airguns (or even slingshots) within the city limits. I am in the process of asking for amendment, rewrite or just the rewording of the ordinances.
If you can get a state wide pre-emption bill passed it will stop the law changes every time you cross a county/township/city border but it is not easy to do.
You might still have 'bad' laws but they will be uniform.
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I live in New York, which says air guns are considered a firearm, and the small town I live in says this:
§ 248-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
WEAPON
Includes any firearm, air or other gas gun, or bow and arrow.
§ 248-4. Permit required; issuance; additional restrictions; term.
A. Upon application by the owner of land within the Village of Medina, the Chief of Police of the Village of Medina may issue a permit for the discharge of weapons thereon. If, following review, the Chief of Police determines that the discharge of weapons on the land area covered by the application will not violate any applicable law or regulations hereafter adopted by the Village Board or cause hazard to persons or property, he shall issue a permit to the owner authorizing the discharge of weapons on his land or such part thereof as the Chief of Police shall determine.
B. The Chief of Police may further establish conditions or restrictions with respect to the permit in order to prevent hazard to persons or property.
C. Each permit shall expire on the 31st of December next succeeding its issuance.
§ 248-5. Penalties for offenses.
[Amended 9-25-1990 by L.L. No. 8-1990 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not less than $125 not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
I wonder if parents buying their kids BB guns for christmas know they need a permit to use them...sheeshhhhh, glad I read this!!
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Maine hunting law definitions include air guns as firearms for the purpose of hunting.
it is legal in Maine to hunt anything with an air gun except if a particular gun / caliber is stated.
e.g. night time raccoon is limited to single shot 22LR and turkey is either shotgun or archery.
so if you want to hunt black bears or moose with an air gun, come to Maine (the way life should be, as the sign at the border says
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Maine hunting law definitions include air guns as firearms for the purpose of hunting.
it is legal in Maine to hunt anything with an air gun except if a particular gun / caliber is stated.
e.g. night time raccoon is limited to single shot 22LR and turkey is either shotgun or archery.
so if you want to hunt black bears or moose with an air gun, come to Maine (the way life should be, as the sign at the border says
I have been watching that Northwoods Law. And I can tell you what state I will never move to. Your guys laws trip me out.
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I have been watching that Northwoods Law. And I can tell you what state I will never move to. Your guys laws trip me out.
don't believe everything (or anything) you see on "reality" TV shows. they usually have nothing to do with reality and everything to do with making the producers richer.
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this is a good post! thx
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Hi all my name is constantine and as yet I am merely a fan of airgunning. This is an important subject for me as I would very much like to get into pcp airgunning /hunting. However, at the moment I am really scared to go out and get one due to my criminal history. I am a felon and obviously I do not want to go back to prison. My life has changed and I am not the person I was then, that is neither here nor there right now. I have done some research on the matter and and to be honest I can't find all that much on subject in the federal law books online. My next step is to go to a criminal defense lawyer to see if there is a reasonable option for myself. Do any of you guys have any input or advice on where to look for more on the subject? I have checked the site mentioned above in the first post of this forum and just got led around from pointless link to pointless link. Anything you guys have to lead me to where I need to be looking would be much appreciated. Thanks in advance.
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Hi all my name is constantine and as yet I am merely a fan of airgunning. This is an important subject for me as I would very much like to get into pcp airgunning /hunting. However, at the moment I am really scared to go out and get one due to my criminal history. I am a felon and obviously I do not want to go back to prison. My life has changed and I am not the person I was then, that is neither here nor there right now. I have done some research on the matter and and to be honest I can't find all that much on subject in the federal law books online. My next step is to go to a criminal defense lawyer to see if there is a reasonable option for myself. Do any of you guys have any input or advice on where to look for more on the subject? I have checked the site mentioned above in the first post of this forum and just got led around from pointless link to pointless link. Anything you guys have to lead me to where I need to be looking would be much appreciated. Thanks in advance.
On the federal level, the ATF does not consider airguns to be firearms, that's why they can come with a barrel shroud and baffles AKA factory suppressed.
it's the state level you'll have problems with. For hunting Maine considers airguns to be firearms and as a convicted felon you would NOT be issued a hunting license no matter what you want to hunt with.
I can't imagine that CT would allow you anything other then a red ryder without breaking out in a sweat. But you would need to dig into the local and state laws for that.
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Thanks alot man. I was thinking that but, just wanted to be sure. I am still gonna have Criminal Defense attorney look into it just to be certain. It for sure would not hurt. I'll let you know my progress as things develop.
Thanks again.
If anyone else has anything that might be helpful ... lemme know. thanks in advance.
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My county (Ventura CA) says no shooting within 300 yards of a residence unless you have expressed permission from the owner of the dwelling.
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I live in New York, which says air guns are considered a firearm, and the small town I live in says this:
§ 248-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
WEAPON
Includes any firearm, air or other gas gun, or bow and arrow.
§ 248-4. Permit required; issuance; additional restrictions; term.
Bow control?
Curse you sparow, this is all your fault!
Who killed Cock Robin?
I, said the Sparrow,
with my bow and arrow,
I killed Cock Robin.