Colorado gun laws do not classify BB and air guns as firearms because they operate using compressed air or gas, not explosive gunpowder. Consequently, these devices are not regulated under the same statutes governing traditional firearms. They can still lead to criminal charges under Colorado’s general assault, menacing, and disorderly conduct laws, and a BB gun at a public school counts as a dangerous weapon under the state’s school discipline statute. Local ordinances may also apply. Additional details cover legal consequences, age limitations, and specific safety requirements for responsible use.
Key Takeaways
- Colorado law excludes BB and air guns from the legal definition of firearms, so firearm-specific laws generally do not apply to them.
- Colorado’s state laws against reckless or public discharge are written for firearms, so limits on firing a BB or air gun in streets and parks come mainly from city and county ordinances, which vary by location.
- Colorado’s juvenile possession statute, C.R.S. 18-12-108.5, covers handguns, which are firearms; it sets no age limit for BB or air guns, though local ordinances and school rules may restrict them.
- Securing BB and air guns away from children and unauthorized users reduces risk, although the state statutes discussed on this page do not impose a storage rule for them.
- Misuse of BB or air guns, such as illegal discharge or injury, can lead to criminal penalties despite their exclusion from firearm laws.
What Colorado Law Provides
A BB or air gun is not a “firearm” under Colorado law. C.R.S. 18-1-901(3)(h) defines a firearm as a device “capable or intended to be capable of discharging bullets, cartridges, or other explosive charges,” and the weapons article, C.R.S. 18-12-101(1)(b.7), covers a weapon that expels a projectile “by the action of an explosive.” Statutes written only for firearms therefore do not reach an ordinary BB or air gun. Examples are reckless or negligent discharge of a firearm under C.R.S. 18-12-106(1)(b) and the juvenile handgun law, C.R.S. 18-12-108.5.
It can still be a “deadly weapon.” Under C.R.S. 18-1-901(3)(e)(II), a device is a deadly weapon if, “in the manner it is used or intended to be used,” it “is capable of producing death or serious bodily injury.” Intentionally injuring someone by means of a deadly weapon is second degree assault, C.R.S. 18-3-203(1)(b), ordinarily a class 4 felony. For this form of second degree assault, C.R.S. 18-3-203(2)(c)(II) directs the court to sentence under the crime of violence statute, C.R.S. 18-1.3-406, so a prison sentence must be at least the midpoint and up to twice the maximum of the presumptive range: 4 to 12 years for a class 4 felony (2 to 6 years). The same subsection says the court is not required to impose a prison term, so probation remains possible. If the assault happened in a sudden heat of passion provoked by the victim, it is a class 6 felony instead (C.R.S. 18-3-203(2)(a)).
Looking like a real gun matters.
| Conduct | Statute | Level | Sentence range |
|---|---|---|---|
| Menacing with “a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon” | C.R.S. 18-3-206 | Class 5 felony | 1 to 3 years |
| Displaying “a real or simulated firearm” or an article made to look like one, in public, in a way meant to alarm, that does alarm someone | C.R.S. 18-9-106(1)(f) | Class 2 misdemeanor | Up to 120 days, $750 |
| Carrying a deadly weapon that is not a firearm on school grounds | C.R.S. 18-12-105.5(1)(a) | Class 6 felony | 1 year to 18 months |
Felony ranges are the presumptive ranges in C.R.S. 18-1.3-401(1)(a)(V.5)(A) for offenses on or after July 1, 2020; the misdemeanor range is from C.R.S. 18-1.3-501(1)(a.5).
Schools name BB guns directly. C.R.S. 22-33-102(4)(b) includes “Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles by spring action or compressed air” in the definition of a dangerous weapon. Possessing one at school without authorization may be grounds for suspension or expulsion under C.R.S. 22-33-106(1)(d)(I).
What Are BB Guns and Air Guns?
What distinguishes BB guns and air guns from firearms lies primarily in their mechanism of propulsion and ammunition type. Unlike traditional firearms that use explosive gunpowder to propel projectiles, BB and air guns rely on compressed air or gas to discharge small, typically metallic or plastic pellets. Ballistics analysis of these weapons reveals lower muzzle velocities and reduced kinetic energy compared to conventional firearms, influencing their range and impact. Manufacturing standards for BB and air guns emphasize precision engineering to ensure consistent air pressure delivery and projectile accuracy. These devices are constructed with materials suited to withstand repeated use of compressed air systems, distinct from the robust metal used in firearms designed for explosive discharge. While both BB and air guns function similarly, their ammunition differs slightly: BB guns commonly use spherical steel balls, whereas air guns may use diabolo-shaped pellets for improved aerodynamics. Understanding these technical distinctions is essential for evaluating their capabilities and regulatory classification.
How Does Colorado Define Firearms in Its Laws?
Colorado law defines firearms as handguns, automatics, revolvers, pistols, rifles, shotguns, or any other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges. Consequently, BB guns are generally not regulated as firearms under state law, affecting their legal treatment and restrictions.
Legal Firearm Definition
A legal firearm in Colorado is defined by specific criteria outlined in state statutes, which distinguish traditional firearms from other projectile devices such as BB or air guns. The firearm classification in Colorado relies on legal terminology centered on the device’s capability to expel a projectile by the action of an explosive, such as gunpowder. This definition excludes devices powered by compressed air or gas. Colorado law specifies that firearms include handguns, rifles, and shotguns capable of discharging bullets, cartridges, or other explosive charges. This precise legal firearm definition serves as the foundation for applying or exempting Colorado gun laws to various types of weapons within the state’s jurisdiction.
Exclusions for Air Guns
The distinction between traditional firearms and devices such as BB or air guns is addressed through the definition of firearm in Colorado’s legal framework. Colorado statutes define firearms primarily based on the use of explosive or combustible propellants, thereby excluding air guns from standard firearm regulations. Consequently, rules written for firearms do not automatically reach air guns. The definitions do not name BB guns; BB guns fall outside them because they do not discharge a projectile through explosive force. This exclusion means that firearm-specific rules, such as the background check required for private firearm transfers under C.R.S. 18-12-112, generally do not apply to air guns or BB guns. However, local ordinances may impose additional controls beyond state-level exemptions.
Implications for BB Guns
How does state law categorize BB guns in relation to firearms? In Colorado, BB guns are generally not classified as firearms under state statutes because they do not discharge a projectile with an explosive charge. Consequently, BB guns are exempt from requirements written for firearms, such as the background check for private firearm transfers. However, this distinction does not negate the potential for local ordinances to impose additional restrictions. While BB guns are excluded from certain legal definitions, users must still exercise caution, as misuse can carry legal consequences. The absence of these firearm requirements for BB guns reflects their classification outside the scope of regulated firearms, emphasizing the importance of understanding the nuanced legal framework governing their use within Colorado.
Are BB and Air Guns Regulated Under Colorado Gun Laws?
To what extent do Colorado gun laws apply to BB and air guns? Generally, these devices are not regulated under the same statutes as traditional firearms. However, certain local ordinances may impose restrictions. Colorado law distinguishes BB and air guns from firearms, exempting them from firearm background checks. Nevertheless, users are encouraged to follow best practices, including safety training and secure storage to prevent unauthorized access or accidents. Law enforcement may treat misuse or public discharge of BB and air guns seriously, especially if mistaken for real firearms.
Key considerations include:
- Safety training for responsible handling
- Secure storage to prevent access by children or unauthorized persons
- Local restrictions on discharge within city limits or public spaces
- Potential legal consequences if used in a threatening or negligent manner
These measures underscore the importance of treating BB and air guns with caution despite limited direct regulation under Colorado gun laws.
What Restrictions Exist for Minors Using BB or Air Guns in Colorado?
Colorado’s state age restriction in the weapons article, C.R.S. 18-12-108.5, applies to handguns, and a handgun is a firearm under C.R.S. 18-12-101(1)(e.5). It does not reach BB or air guns. Age and supervision rules for BB and air guns, where they exist, come from city and county ordinances, retailer policies, and school rules.
Age Limits for Minors
The weapons article of Colorado’s criminal code sets its age limit on possession for handguns, not for BB or air guns. C.R.S. 18-12-108.5 makes it unlawful for a person under eighteen “knowingly to have any handgun in such person’s possession,” with listed exceptions such as hunter safety courses and target shooting at an authorized range. Key points:
- Under 18: the state statute bars possession of a handgun, not a BB or air gun
- Age limits for BB or air guns, if any, are generally set by local ordinance or by the seller
- A BB or pellet gun at a public school may be grounds for suspension or expulsion under C.R.S. 22-33-106(1)(d)(I)
Check the ordinance where the minor lives or will use the device.
Supervision and Usage Rules
How are minors regulated when using BB or air guns in Colorado? Colorado’s state statutes do not set supervision requirements for minors using BB or air guns. Direct supervision by a responsible adult is still the safe practice, and it helps a family stay within local ordinances, which may limit where BB and air guns can be fired. Additionally, certain municipalities may enact their own rules regarding the possession and operation of BB and air guns by minors. Because state law does not classify BB and air guns as firearms, check local ordinances for any rules on how minors may use them.
Can BB and Air Guns Be Used in Public Places in Colorado?
Colorado’s state laws on discharging a weapon in public are written for firearms. Disorderly conduct under C.R.S. 18-9-106(1)(e) covers a person who “discharges a firearm in a public place,” and C.R.S. 18-12-106(1)(b) covers reckless or negligent discharge of “a firearm.” Limits on firing a BB or air gun in parks, streets, and other public places are therefore set mainly by city and county ordinances, which vary. Firing one in a way that injures someone can still lead to state charges such as assault. Users must remain aware of local ordinances.
Where local rules allow it, common locations include:
- Private property with owner consent and adequate safety measures
- Designated shooting ranges equipped for BB or air gun use
- Approved outdoor recreational areas where discharge is legally sanctioned
- Controlled environments during organized sporting or training activities
These restrictions aim to balance recreational activities with community safety, minimizing risks associated with projectile weapons in uncontrolled public spaces.
Are There Specific Safety Requirements for BB and Air Guns?
Specific safety requirements for BB and air guns in Colorado encompass measures designed to prevent accidents and ensure responsible use. While state law does not uniformly mandate particular safety equipment for these devices, best practices strongly recommend the use of eye protection and other protective gear during operation to mitigate injury risk. Additionally, local ordinances may impose further safety precautions, including designated shooting areas. Secure storage is critical in minimizing unauthorized access and accidental discharge. Owners are advised to secure BB and air guns in locked containers or use trigger locks, especially when minors are present. Although not explicitly codified statewide, responsible storage aligns with broader firearm safety principles and helps prevent misuse. Compliance with these safety measures promotes public safety and reduces liability. Ultimately, adherence to recommended safety equipment and stringent storage practices constitutes a practical framework for the responsible handling of BB and air guns in Colorado.
How Do Colorado’s Laws Compare to Federal Regulations on BB and Air Guns?
Federal law and Colorado law define a firearm the same basic way, by its use of an explosive, so neither treats an ordinary BB or air gun as a firearm.
Key points:
- Federal law defines a firearm as a weapon that will or is designed to “expel a projectile by the action of an explosive” (18 U.S.C. 921(a)(3)), so federal firearm rules built on that definition do not reach ordinary BB and air guns.
- A federal marking law for toy and look-alike guns, 15 U.S.C. 5001, covers “air-soft guns firing nonmetallic projectiles” but excludes “traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.”
In short, the laws that actually reach a BB or air gun are general criminal laws, school discipline rules, and local ordinances, not firearm statutes.
What Are the Legal Consequences of Misusing BB or Air Guns in Colorado?
When BB or air guns are used improperly in Colorado, individuals may face a range of legal penalties that vary depending on the nature and severity of the offense. Violations such as discharging these weapons in prohibited areas or causing injury can result in misdemeanor or felony charges. Penalties may include fines, community service, or imprisonment. Law enforcement agencies assess each incident’s circumstances, including intent and damage caused, to determine appropriate charges. These regulations aim to reduce accidents and unlawful use, reinforcing that improper handling or neglect of BB or air guns carries significant legal risks under Colorado statutes.
Are There Any Recent Changes in Colorado Law Affecting BB and Air Guns?
The 2024 edition of the Colorado Revised Statutes, the most recent published edition, still defines a firearm by its use of an explosive charge in C.R.S. 18-1-901(3)(h) and C.R.S. 18-12-101(1)(b.7), so the basic answer on this page has not changed. The weapons article’s definition of “dangerous weapon” in C.R.S. 18-12-102(1) covers only a firearm silencer, machine gun, machine gun conversion device, short shotgun, or short rifle, and does not include air guns.
Colorado’s school discipline statute, C.R.S. 22-33-102(4)(b), is one place state law names BB and pellet guns directly. Laws can change after a published edition, so confirm current law before relying on this page.
Frequently Asked Questions
Can BB or Air Guns Be Transported in Vehicles Without a Permit in Colorado?
In Colorado, BB and air guns may be transported in vehicles without a permit, as they are generally not classified under the same regulations as firearms. However, it is sensible to transport them unloaded and stored securely to prevent misuse or accidents, for example in a case or separate compartment where they are not readily accessible during transit.
Are There Any Required Licenses or Permits Specifically for BB or Air Guns?
Colorado imposes no specific licensing requirements or permits for ownership or use of air guns. While most private firearm transfers in Colorado require a background check under C.R.S. 18-12-112, air guns are generally exempt from firearm requirements. However, local ordinances may impose additional rules, so users should verify municipal regulations to ensure compliance. Overall, air guns in Colorado are subject to fewer regulatory controls than firearms.
Can BB or Air Guns Be Used for Hunting Small Game in Colorado?
Whether a BB or air gun is a lawful way to hunt a particular animal depends on current Colorado Parks and Wildlife regulations. Check the current rules for the species and area before hunting with a BB or air gun.
What Are the Noise Ordinance Rules Concerning BB or Air Guns in Residential Areas?
Noise restrictions concerning BB or air guns in residential areas vary by municipality in Colorado. Local residential regulations may restrict firing these devices near homes. Users must consult specific city or county ordinances, as some may impose time-of-day limits or outright bans on discharge within certain distances of residences. Compliance with noise restrictions is essential to avoid fines or legal issues, emphasizing the importance of understanding local residential regulations before use.
Are BB or Air Guns Allowed on School Property Under Colorado Law?
Colorado’s school discipline statute counts the following as a dangerous weapon: “Any pellet gun, BB gun, or other device, whether operational or not, designed to propel projectiles by spring action or compressed air” (C.R.S. 22-33-102(4)(b)). Possessing one on school grounds, in a school vehicle, or at a school activity without the school’s authorization may be grounds for suspension or expulsion from a public school (C.R.S. 22-33-106(1)(d)(I)). A criminal charge is also possible: carrying a deadly weapon that is not a firearm on school grounds is a class 6 felony under C.R.S. 18-12-105.5, and a BB or air gun can qualify as a deadly weapon depending on how it is used or intended to be used.