{"id":353207,"date":"2016-04-04T10:46:40","date_gmt":"2016-04-04T15:46:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/bb-guns.html"},"modified":"2023-11-07T17:38:29","modified_gmt":"2023-11-07T22:38:29","slug":"bb-guns","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/bb-guns.html","title":{"rendered":"Are BB Guns Safe?"},"content":{"rendered":"\n
\n

Are BB Guns Safe?<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

BB guns are not classified as firearms under federal law, but they can still cause serious injuries and trigger civil liability if misused. Victims of BB gun injuries may pursue personal injury claims.<\/p>\n\n <\/div>\n\n\n\n

Courts may award damages for medical expenses, lost wages, and emotional distress.\u00a0<\/p>\n

BB guns<\/a>\u00a0are airsoft guns (or pellet guns) designed to shoot projectiles. These non-powder guns can become\u00a0dangerous weapons\u00a0if misused. The name “BB” refers to the ball bearing or “bullet ball.” A bullet ball is a round pellet roughly the size of a single lead shot in a shotgun shell. The gun shoots these pellets at a high muzzle velocity.<\/p>\n

Even though some may consider BB guns as toy guns, they can be very dangerous. They can cause serious injuries or even death. The\u00a0U.S. Consumer Product Safety Commission<\/a>\u00a0(CPSC) issued a\u00a0safety alert<\/a> on BB guns, warning consumers that BB guns can kill because of their high muzzle velocity. According to the CPSC, BB guns cause about four deaths per year. Still, there are far less restrictions on BB guns than on real firearms.<\/p>\n

When debating the need for BB gun laws, BB gun owners cite the\u00a0Second Amendment<\/a>, which states that “the right of the people to keep and bear Arms, shall not be infringed.”<\/p>\n

This article discusses federal and state BB gun laws. It also explains why BB guns are so dangerous. It also explores your legal options if you are injured by a BB gun.<\/p>\n

If you have been hurt by a BB gun, consider contacting a product liability attorney<\/a> near you. An attorney can evaluate your situation to determine if you have a valid claim. If so, they will advocate for you throughout the legal process and seek fair compensation for your injuries.<\/p>\n

If you have been charged with a crime involving a BB gun, contact a criminal law attorney<\/a> near you.<\/p>\n

Are BB Guns Legally Toys or Guns?<\/h2>\n

There has been debate over whether people should treat BB guns like toys or actual weapons. One of the reasons the distinction is important is that BB guns often resemble real guns. Criminals sometimes use imitation firearms while robbing banks and individuals<\/a>. They assume they can’t get in as much trouble if police don’t find a real gun on them.<\/p>\n

Throughout the years, there have been incidents in which law enforcement officers have mistakenly identified BB guns and air pistols as real firearms, sometimes resulting in tragic outcomes. As a result, Congress enacted a federal law in 1989 requiring all toy guns to have an orange tip. These orange tips help distinguish them from real firearms. The rationale for this is that police officers don’t want to mistake toy guns for actual weapons.<\/p>\n

State laws and local ordinances regulate the sale and use of BB guns in public places. These laws, along with federal BB gun laws, are discussed in more detail below.<\/p>\n

Federal BB Gun Laws<\/h2>\n

Federal law restricts who can own, possess, or\u00a0sell guns<\/a>\u00a0and other firearms. Some of these laws extend to BB guns. For example, if you’ve been convicted of certain crimes or fall under any categories listed below, you face potential criminal penalties under the\u00a0Brady Act<\/a>.<\/p>\n

The Brady Act prohibits personal and business ownership, use, and possession of a BB gun under certain circumstances. These situations include when:<\/p>\n