Air gun laws

Main article: Air gun

This is a list of laws concerning air guns by country.

While in some countries air guns are not subject to any specific regulation, in most there are laws, which differ widely. Each jurisdiction has its own definition of an air gun; and regulations may vary for weapons of different bore, muzzle energy or velocity, or material of ammunition, with guns designed to fire metal pellets often more tightly controlled than airsoft weapons. There may be minimum ages for possession, and sales of both air guns and ammunition may be restricted. Some areas require permits and background checks similar to those required for firearms proper.

Australia

Australian laws are controlled and administered by each State and Territory with each classifying 'air', 'CO2' and 'mechanical propulsion' used in air rifles and BB rifles as "Category A" firearms, placing them in the same class as break-action shotguns and rimfire rifles, requiring a licence for ownership. Air pistols and BB pistols are classified as "Category H" for all handguns.[1] Anyone found in Australia possessing an unlicensed air rifle or pistol faces the same charge as a person who unlawfully possesses a firearm. It is allowed in most areas of Australia for an unlicensed person (from age 12) to use a firearm under direct supervision of a licensed person. It is important to check with the State or Territory Police Firearms section as the laws vary across Australia. Air rifle and air pistol pellets are considered to be 'ammunition components' and can only be purchased, possessed and used by a licensed person. The storage requirements for firearms also applies to air guns.

The "Category A" and "Category H" firearm licence can be issued to a 13-year-old person (or a minor from age 12) after proof of being a member of a licensed shooting club, complete and pass an airgun safety awareness / safe handling and Target shooter obligations course as required by the Firearms law, and have had background checks conducted by the police.

Brazil

The Brazilian legislation that regulates the manufacture, import, export, trade, traffic and use of airguns divide them into two groups:

• airguns by spring action or pre-compressed air (PCP - Pre Charged Pneumatic) of up to 6mm caliber;
• airguns by spring action or pre-compressed air (PCP - Pre Charged Pneumatic) of caliber exceeding 6mm; or pre-compressed gases that is not breathable air, such as CO2 and others, in any caliber.

Airguns in the first group may be purchased by anyone over 18. Airguns in the second group can only be purchased by people registered in the army, transportation depends on authorization, and usage is allowed only in places approved by the army. Airguns of any kind may not be carried openly. There is no muzzle energy limit for any type or caliber.

Canada

Air guns with both a muzzle velocity greater than 152.4 meters per second (500 feet per second) and a muzzle energy greater than 5.7 joules (4.2 foot-pounds) are firearms for purposes of both the Firearms Act and the Criminal Code. Usually the manufacturer’s specifications are used to determine the design muzzle velocity and energy. Air rifles that meet these velocity and energy criteria are classified as non-restricted firearms, while air pistols are classified as restricted if their barrel is longer than 105 mm or prohibited if their barrel length is 105 mm or less. The lawful possession of these airguns requires that the owner have a valid firearms licence and that the airgun be registered as a firearm.

Air guns that meet the Criminal Code definition of a firearm, but that are deemed not to be firearms for certain purposes of the Firearms Act and Criminal Code are those that have a muzzle velocity of less than 152.4 meters per second (500 feet per second) and a maximum muzzle energy of 5.7 joules (4.2 foot pounds). Such air guns are exempt from licensing, registration, and other requirements under the Firearms Act, and from penalties set out in the Criminal Code for possessing a firearm without a valid licence or registration certificate. However, they are considered to be firearms under the Criminal Code if they are used to commit a crime. The simple possession, acquisition and use of these air guns for lawful purposes is regulated by provincial and municipal laws and by-laws. For example, some provinces may have set a minimum age for acquiring such an air gun. These air guns are exempt from the specific safe storage, transportation and handling requirements set out in the regulations supporting the Firearms Act. However, the Criminal Code requires that reasonable precautions be taken to use, carry, handle, store, transport, and ship them in a safe and secure manner.

Carrying one of these firearms is permitted for those aged 14 or older.

Silencers for all firearms, including airguns, are prohibited in Canada.

Cyprus

Air Rifles are covered by Cypriot law 113-1-2004 which is the same law that covers all firearm possession and are classified in the same category as break-action shotguns.

All air rifles must be registered to the owner at the local police station. Only persons without criminal record over the age of 18 are allowed to register and possess firearms including air rifles. When an air rifle is sold on, a transfer application must be made at the local police station.

Only rifles of calibre .177 / 4.5 mm are allowed, any other calibre is strictly forbidden. Only air guns that are legally classified as rifles are allowed. Pistols are forbidden unless they are for Olympic sport and conform to Olympic specifications. In order to acquire a pistol for Olympic sports, the owner must be a member of the Cyprus Shooting Sport Federation and have a written statement from them in order to be allowed to import the pistol.

Air rifles may have either folding or adjustable stock and there is no minimum or maximum barrel or rifle length but they must be legally classified as rifles. There is no power limit or muzzle velocity restrictions on air rifles (no FAC limitations). Air rifles can be PCP or spring powered and can be either single shot or magazine fed. Semi-automatics are allowed, provided that only one pellet leaves the barrel on each pull of the trigger. Fully automatic air rifles are not allowed.

In order to combat poaching – lasers, torches and suppressors are also forbidden. Air rifle owners are allowed to use a muzzle break on the end of the barrel provided that it was not designed to function in the same capacity as a suppressor or dampen the gun's report.

People found in possession silencers and / or unregistered air rifles are criminally prosecuted under the same laws that cover the illegal possession and transportation of firearms and explosives.

With regards to hunting with an air rifle, the current law the law states that air rifles can only be used for target shooting so shooting any live animal with an airgun is forbidden.

Czech Republic

In the Czech Republic anyone over age of 18 can acquire air gun with a muzzle energy not exceeding 16 joules (12 ft⋅lbf). Children over age of 10 have to be supervised by adult when shooting. The only restriction on shooting place is requirement of public safety. Since firearms can be used only at the officially licensed shooting ranges air guns became popular to practice target shooting at or near the home.

Air guns with a muzzle energy over 16 J (12 ft⋅lbf) require the same licence as firearms and police registration. Such air guns can be used only at the shooting ranges.

Denmark

In Denmark airguns can be owned by anyone over the age of 18. There are no restrictions regarding muzzle energy. As of June 2012, the laws change (with the consequence that some 600,000 Danes could be breaking the Firearms Laws), in that some air guns will require a license, or membership of a gun club to own them. This law is being contested by many parties.

Finland

Finland is contemplating mandatory licensing of high powered airguns.

Germany

German F-in-pentagon-mark

In Germany, air guns producing a muzzle energy up to 7.5 joule (J) (5.53 ft·lbf) can be owned by persons from the age of 18 years and freely acquired provided they bear the "F-in-pentagon" mark" that indicates a muzzle energy not exceeding 7.5 J (5.5 ft⋅lbf) kinetic energy. Carrying air guns in public necessitates a carry permit (§ 10 Abs. 4 WaffG), extremely rare as such and never granted for air guns. Only the transportation of unloaded and non-accessible air guns (or carrying unloaded during biathlon) is considered a "permissible carry" (§ 12 Abs. 3 Nr. 2, Nr. 3 WaffG).

Shooting is permitted on licensed ranges (§ 27 Abs. 1, § 12 Abs. 4 2 Nr. 1 WaffG), and on enclosed private property if it is assured that the projectiles can not possibly leave the shooting area (§ 12 Abs. 4 Nr. 1a WaffG). The minimum age for air gun shooting in Germany is 12 years under supervision (§ 27 Abs. 3 S. 1 Nr. 1 WaffG), but exceptions may be granted to younger children upon request, supported by suitable references from a doctor and by a licensed shooting federation (§ 27 Abs. 4 WaffG).

Air weapons exceeding 7.5 J muzzle energy, e.g. field target guns, are treated like firearms and therefore require a relevant permit for acquisition and possession. Proof of need, a clean criminal record and the passing of a knowledge and handling test are required (§ 4 Abs. 1 WaffG) to gain the permit.

A purchase authorization is not required for air guns that were manufactured and introduced onto the market before 1 January 1970 in Germany or before 2 April 1991 on the territory of the former East Germany (WaffG, Appendix 2, Section 1, Subsection 2, 1.2); they can, regardless of their muzzle energy or the absence of an "F-in-pentagon" mark, be freely acquired and possessed.

The storage requirements for firearms do not apply to air guns (cf. § 36 Abs. 1 S. 1 WaffG); they must only be stored unaccessible to minors.

Hong Kong

In Hong Kong, under the Firearms and Ammunition Ordinance (HK Laws. Chap 238), "an air rifle, air gun or air pistol from which any shot, bullet or missile can be discharged with a muzzle energy greater than 2 joules (1.48 ft·lbf)" are considered 'arms'. As such, a permit is required for possession (which would otherwise be illegal) and carries penalties up to a fine of $100000 . and 14 years in jail.

Isle of Man

In the Isle of Man, Air guns are treated in the same manner as conventional firearms and require a relevant firearms certificate.

Italy

In Italy, any mechanism that produces a muzzle energy higher than 1 joule (0.74 ft·lbf) and lower than 7.5 joules (5.53 ft·lbf) is considered a "low-power air gun"; the sale of such instruments is open to anyone over 18 years of age without license or registration, but it can take place only in authorized gun shops where the owner must require the purchaser to provide his ID Card as a proof of age.

Any device developing a muzzle energy equal to, or higher than, 7.5 joules is considered a "high-power air gun", requiring Police licensing and registration for purchase and detention just like any firearm. Bows, crossbows and similar are exempt from this rule. The muzzle energy of such devices is certified by a governance office called "Banco di Prova". Air guns developing less than 1 joule of muzzle energy are categorized as airsoft, which are considered by law as toys, with no restriction whatsoever to their trade, except that they can never be modified to achieve a higher muzzle energy and must be only able to shoot 6 mm plastic pellets.

It's illegal to hunt with air guns.

Israel

In Israel all barreled arms shooting metallic ammunition are considered firearms and therefore require a special government license to own. Airsoft arms are defined as "dangerous weapons"; while they are not licensed as firearms, they may only be sold to recognized airsoft clubs. Since civilians do not automatically have the right to carry firearms in Israel (citizens have to comply with certain conditions and prove "necessity"), only people who fulfill the restrictive criteria for owning and carrying pistols may purchase an air rifle or pistol. Members of recognized shooting clubs are excepted and may own air rifles or pistols, and other sporting firearms, after proving two years of competitive activity. The Ministry of the Interior sometimes changes the qualifications for purchasing and owning air guns.

Japan

In Japan, any air gun that fires a metallic projectile is restricted as a firearm, so only airsoft-type guns are readily available.

Malta

In Malta, all air driven guns for target sport (this includes air guns, airsoft (excluding spring powered guns, under 1.0 joule) and paintball guns) are subject to a Target Shooter B license. This license can be issued to an 18 year old person after proof of being a member of a licensed shooting club, completed and passed an airgun safe handling and Target shooter obligations course as required by the Maltese Arms Act law, and had background checks by the police.

Airsoft spring-guns under 1.0 joule power are legalised as toys and do not need any Shooting license or permission of the law.

The licensed target shooter is obliged by the Maltese law to have a shooting sports insurance policy to cover the shooting practice. A licensed target shooter then can purchase, keep and carry and use an airgun, airsoft gun or paintball gun, only at an authorized/licensed range. There is no restriction in muzzle velocity of airguns.

Minors from 14 years of age can be issued with a special permit from the police commissioner to practice air rifle or air pistol target shooting only. This permit is issued to the junior with full responsibility of the minor's parent or guardian both of which must follow the same procedures until the license can be issued.

Airguns issued under a target shooters license are intended for sport target shooting only. Airgun license for hunting is a different license which is controlled by hunting laws and regulations. This is issued only for wild rabbit hunting.

Netherlands

In the Netherlands, air guns can be owned by persons from the age of 18 years and can freely be acquired. Until 1997 there were limitations on muzzle velocity and kinetic energy, similar to the German law, but these restrictions were lifted for practical reasons. Carrying air guns in public and the possession of air guns (and toy guns) that resemble firearms is prohibited. The expression "to resemble" is nowadays given a very broad interpretation so that just about any airgun can be considered as resembling a firearm. Whether an airgun is considered to resemble a firearm too closely is decided by the police or, when it comes to that, by the court. It is impossible to predict the outcome of such courtcases. Air guns may be kept in private homes but must be inaccessible for persons under 18. Commercial sales of airguns may only take place in licensed gunshops. It is illegal to own an airgun that was "produced or modified so that it can more easily be carried concealed". Generally this is considered the case when the barrel has been shortened or the weapon has a folding or telescoping stock.

New Zealand

In New Zealand any member of the public over the age of 18, may own and fire most air rifles without a firearms license, provided he use the air rifle in a safe environment with a responsible attitude.

Minors 16 and over, but under the age of 18 require a Firearms License to possess an air rifle – however they may use an air rifle under adult supervision without this license.

Airguns can not be fully automatic, and there is provision under the NZ Arms Laws to specify "specially dangerous airguns". Only pre-charged pneumatic rifles have now been specified in this category, but for these a firearms license is now a requirement for possession and use. The change was made as a consequence of two fatal shootings by .22 calibre semi automatic air rifles.

Philippines

In the Philippines, airguns can be legally owned by citizens 10 years old and above. Registration of airguns is required by the payment of a one-time but non-transferable registration fee.

Poland

In Poland it is possible to freely acquire air guns with a muzzle energy not exceeding 17 joules (13 ft⋅lbf). Air guns with muzzle energy over 17 J are considered FAC and must be registered at a local police station no later than 5 days after purchase (gun license is not needed). FAC air guns can only be used at the officially licensed shooting ranges. Hunting/shooting animals with air guns is illegal and prosecuted.

Singapore

In Singapore, airguns are classified as 'arms', in the same category as firearms utilising gunpowder as propellant among other weapons. It is necessary to obtain a license from the Singapore Police Force before one can import, export or own an airgun.

South Africa

All air guns not in .22 caliber are very loosely regulated. The only laws concerning them are that they still count as guns if used in crime and can't be fired in public areas. However, all air rifles .22 caliber and up are considered firearms and are subject to licensing. Airguns less than .22 caliber may be carried on one's person concealed or openly, and those over .22 caliber are legal to carry if they are properly licensed.

Spain

In Spain, it is possible for any person over the age of 14 to freely acquire an air rifle with a muzzle energy not exceeding 18 ft⋅lbf (24 J) (roughly 1000 ft/s or 300 m/s muzzle velocity in 0.177 calibre).

Sweden

In Sweden, it is possible to freely acquire air guns with a muzzle energy not exceeding 10 joules (7.4 ft⋅lbf). Air guns with muzzle energy over 10 J must be registered (gun license is needed).
Air guns are not allowed to be taken to public places without the consent of police.
Hunting with them is illegal without a hunting license.
Silencers are not allowed on airguns without a license.
Semi and fully automatic airguns are restricted to 3 joules (2.2 ft⋅lbf).

Switzerland

According to art. 3 of the Federal Weapons Act, air guns that produce a muzzle energy of less than 7.5 joules (5.5 ft⋅lbf) and that do not look like firearms are not considered weapons; their possession and use is unregulated. Other air guns are subject to the rules governing firearms, but do not require a permit for acquisition (art. 10 of the Weapons Act).

Turkey

Anyone older than 18 years can acquire any air gun. It's illegal to hunt with air guns. Air guns should only be used as target practice and it's illegal to carry them in urban areas.

United Kingdom

Air pistols generating more than 6 ft·lbf (8.1 J) and air rifles generating more than 12 ft·lbf (16.2 J) of energy are considered firearms and as such require possession of a Firearms Certificate (FAC). Contrary to popular belief, hand guns are not banned in the UK, several variations of popular pistols are available in .22 rimfire, and one can own any other pistol on a section 5 firearm certificate, getting a section 5 though is more difficult, generally they are only available to game keepers, and wildlife management personnel. Any current section 1 pistol must have a barrel length exceeding 30cm and an overall length of 24 inches, so either have a stock, or a bar extending from the grip. Pistols and rifles below these energy levels do not require licensing, and may be purchased by anyone over the age of 18. In Northern Ireland any air rifle or air pistol generating more than 0.737 ft·lbf (1 J) is considered a firearm and as such requires a FAC. The Violent Crime Reduction Act 2006 prohibits online or mail-order sale of new air guns; transactions must be finalised face-to-face, either at the shop where purchased, or through a Registered Firearms Dealer (to which an item may be posted and the transfer completed).

From 10 February 2011, The Crime & Security Act 2010 (S.46) made it an offence "...for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him...". This legislation essentially relates to the storage of air guns and the requirement of owners to prevent unauthorised access by children. Failure to do so renders owners liable for a fine of up to £1,000.

Any person on private property (land or water) without permission is trespassing; possession of an air gun when doing so, with or without ammunition, loaded or unloaded is armed trespass, and is considered a serious criminal offence subject to heavy penalties.

Scotland

On 14 December 2012 a consultation was launched on how a new licensing regime for air guns may work. Critics claim this is unnecessary as offences involving air guns have decreased by 71% in the last 5 years. There are certain rules for certain age groups. For example, persons over 18 years of age can buy ammunition and an air rifle. Persons over 14 can borrow and use an air rifle unsupervised. Persons under 14 can use an air rifle with supervision but cannot buy ammunition or an air rifle.

The Scottish Government has received 1136 responses to its consultation on air weapons licensing in Scotland, with 87% of respondents being opposed to the proposals.

Firearms UK is presenting an online petition to the Scottish Parliament’s Public Petitions Committee on the 3rd of September 2013. As of 14 August 2013, over 16,500 have signed the petition.

On 8th May the Regulatory Review Group in Scotland met to discuss the concerns of the British Association for Shooting and Conservation (BASC) about the disproportionate nature of proposals to license all low powered airguns. The minutes of the meeting have been published and they found that the consultation took place without a Business and Regulatory Impact Assessment (BRIA) and they could not see a reason as to why no BRIA was carried out. The group secretariat is to contact policy officials on the importance of a BRIA and the need to complete one unless the Cabinet Secretary for Justice (Kenny MacAskill MSP) decides otherwise.

BASC have written to policy officials in charge of the consultation at Police Division and to Kenny MacAskill MSP asking what they plan to do to remedy this deficiency.

United States

Sale and possession of air guns are not regulated federally, nor are they regulated by most state and local governments. A few States and municipalities which do restrict or prohibit air gun sales or possession in some manner are San Francisco, New York City, Camden, New Jersey and Newark, New Jersey. Johnson City, Tennessee; Massachusetts, Chicago, Philadelphia, and the States of Illinois, Michigan and California. Additionally, ordinances in many cities prohibit the discharge of air guns outdoors outside of an approved range.

Some states, such as Virginia, classify a pellet gun or BB gun as a firearm. In Virginia, certain case law has determined that, during certain criminal conduct, air guns are firearms.

Air guns were banned in San Francisco, but a state preemption statute struck down the ban, and the San Francisco District Attorney declared them legal as long as in compliance with state law.

References

Thomas v Commonwealth; Johnson v. Commonwealth; Holloman v. Commonwealth; Virginia Code 18.2-53.1