While BB guns are not considered firearms under federal law, Colorado state law treats them as dangerous weapons. Colorado laws concerning BB guns, air guns, or pellet guns can be just as complex as those involving handguns, rifles, and pistols.
A BB gun is a device designed to propel projectiles by spring action or compressed air. While there are no age restrictions to purchase or own a BB gun, airgun, air rifle or pellet gun in Colorado, residents often have questions about their legal use.
Are BB guns illegal in certain jurisdictions? Is a BB gun considered a firearm under current regulations?
In Colorado BB guns are legal in some areas and illegal in others, depending on the particular area in question. Many cities and municipalities have created laws regarding the use and possession of BB guns.
According to Code of Colorado Regulations, the term "Pellet gun" means any handgun or rifle of .177 caliber or larger firing pellets and powered by compressed air or gas.
If you love hunting or just like shooting targets with your BB guns, gas guns, paintball guns, or handguns, it's important to know the laws that affect your hobby. Let's take a closer look at the air gun laws in Colorado and how they impact you.
Is It Legal to Own a BB Gun in Colorado?
In Colorado it is legal to own a BB or pellet gun, but shooting it is another concern that again is highly dependent on the local laws.
In most areas, shooting a BB gun is prohibited in densely populated cities, such as:
- Aurora: Municipal Code 94-146
- Boulder: Municipal Code 5-8-3
- Colorado Springs: Municipal Code 9.7.104
- Denver: Municipal Code 38-121
- Fort Collins: Municipal Code 17-101
- Longmont: Municipal Code 10-28-030
- Thornton: Municipal Code 38-238
In Lakewood, Colorado, it is against the law to purposefully, maliciously, or recklessly shoot a pellet gun (Municipal Code 9.70.080).
Colorado has a rich history of enacting legislation related to firearms, including BB guns and airguns. The Firearms Act encompasses various provisions that specifically address the possession, use, and sale of these pneumatic devices.
BB Guns as Menacing in Colorado
Using a BB gun might not seem dangerous, but it could lead to legal trouble in Colorado.
Some BB guns look a lot like real guns, which are dangerous. Just holding or shooting a BB gun could make someone think they're in danger of getting hurt. The use of any weapon, including a BB gun, for self-defense is subject to the same legal standards as other weapons.
According to state law (18-3-206 C.R.S.), a person can be charged with menacing if they knowingly make another person fear they're about to get seriously hurt.
To be guilty of menacing in Colorado, a person has to know what they're doing. It doesn't matter if the other person is actually scared; what matters is that the person with the BB gun knew their actions could cause fear. It doesn't even matter if they meant to scare someone - just knowing it could happen is enough for a menacing charge.
If someone uses a BB gun that looks like a real weapon and makes others think they're in danger, it becomes a serious crime, a class 5 felony, even if the other person didn't actually see the BB gun.
In addition, Colorado authorizes expulsion from public school for any student possessing, without proper authorization, a pellet or BB gun, whether operational or not, designed to propel projectiles by spring action or compressed air.
Can You Shoot a BB Gun in Your Yard in Colorado?
To determine whether it is legal to shoot BB guns, individuals should consult the relevant county or municipal code. Many cities and municipalities have created laws regarding the use and possession of BB guns.
In areas outside city limits, using BB guns may be allowed, but it's crucial to check local regulations before using any air gun. Shooting BB guns at licensed gun ranges, as recognized by Colorado laws, is always legal.
It's worth noting that even though BB guns aren't considered firearms, a student could face expulsion from a public school just for having one, regardless of whether it's functional (Colorado Revised Statute 22-33-106 C.R.S.).
Can I Carry a BB Gun in Colorado?
In Colorado, it is legal for individuals to openly carry BB guns, a concealed carry permit is not required to carry a BB gun in the state.
This means that people are allowed to carry these types of air guns in a visible manner without violating any laws. It's important to note that this information pertains specifically to Colorado's regulations.
It is also legal to carry a BB gun in your vehicle in Colorado.
BB Gun Laws in Colorado
Although it is legal to purchase, possess, carry, and shoot BB guns in the state of Colorado, there are certain local jurisdictions where it is not legal to carry or shoot them.
To remain in full compliance with local laws & regulations, it is important for residents to educate themselves on how BB gun laws are enforced in their particular city, county, or municipality.
Seeking expert legal advice is essential. Contact a specialized gun defense lawyer or criminal lawyer who is well-versed in Colorado's firearm and BB gun laws. They can provide you with the necessary guidance and representation to ensure your activities remain within the legal boundaries and protect your rights in any legal proceedings.
