The short answer

The first, and most basic question is: Is It Illegal Not to Have an Orange Tip on Your Airsoft Gun? When it comes to Airsoft legalities, even a quick read of various online articles reveals that one pressing question is whether or not the handgun or rifle has to be equipped with a “blaze-orange” tip at the end. For a more in-depth look at the laws, see HERE. But, the basic answer to the pertinent question is as follows.

When it comes to (one reading of) federal law, various imported BB and pellet guns are required to have orange tips affixed to their barrels. Among the authorities that I asked, there was some question as to whether or not Airsoft manufacturers were strictly required add orange tips to their products, or whether Airsoft weapons were exempt. Regardless, it is the case that virtually all Airsoft manufacturers do include the orange tips on their guns – presumably, to reduce their legal liabilities. But, is the end user required by law to keep the orange tip in place? No! But… you remove it at your own risk. Without an orange tip, predictably, law-enforcement officers will react to your Airsoft weapon as if it were a real firearm.

A Longer Answer

In the first place, the orange-tip requirement comes out of federal “trade laws.”

“Trade laws” (sometimes called trade “rules” or “regulations”) have to do with two things. First, they set forth the expectations and requirements for how states and nations buy and sell (or “exchange”) goods amongst themselves. At this level, they protect whole societies.

Secondly, though, trade laws (are intended to) protect individuals within societies. They do this by outlawing practices that would be deceptive, fraudulent, or unfair. They also try to put safety standards in place. This is especially important when it comes to Airsoft.

Buys want to know that their guns have been manufactured with certain reliability and safety rules in mind.

In general, air rifles made outside of the United States must be equipped with blaze-orange tips. The idea is that this clearly identifies these devices as replica or toy guns. Similarly, U.S.-made air rifles and Airsoft guns also tend to come with blaze-orange tips. This is per United States legal code.

U.S. Code

See, for example, 15 U.S. Code Chapter 76 on “Imitation Firearms.” Also called “look-alike firearms,” imitation firearms are regulated by the U.S. Code, Title 15, Chapter 76 – especially in section 5001.

The relevant part of the code reads: “[T]he term ‘look-alike firearm’ means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns [sic], and air-soft guns firing nonmetallic projectiles. …

“[E]ach toy, look-alike, or imitation firearm shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such toy, look-alike, or imitation firearm. Such plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of such firearm.”

We should point out, though, that there are exceptions. For example, exemptions exist for airsoft rifles/BB guns that employ compressed gas (or air), or spring action. Although many – or even most – manufacturers comply voluntarily, arguably, they need not, according to a strict interpretation of the code.

Code of Federal Regulations

Another relevant reference occurs in the so-called Code of Federal Regulations (CFR), specifically 15 CFR Part 272.[1]

In paragraph 3, concerning “Approved Markings,” we read: “The following markings are approved by the Secretary of Commerce: (a) A blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the federal standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel. (b) A blaze orange (Fed-Std-595B 12199) or orange color brighter than that specified by the Federal Standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters. (c) Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device’s complete contents. (d) Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern. …”[2]

Commentary From a Lawmaker

I reached out to a state-level government official for clarification. This is (part of) the reply that I received from Colorado State Senate Deputy Chief of Staff, James Lucero.

“There is no requirement Federally …requiring an orange tip on your ‘airsoft gun.’ Federal Law does require a minimum of a 6mm orange tip be present during importation of any ‘toy gun’ (including airsoft replicas.) And that the imported item’s orange markings be ‘permanently affixed to the muzzle end of the barrel as an integral part of the entire device.’ This is a restriction on the manufacturer, and does not prevent the consumer from modifying their ‘airsoft gun.’”

Summary Statement

In short, do users have to have the orange tip on their Airsoft guns? The answer appears to be “No.” There is no federal law that expressly requires Airsoft owners to maintain orange tips on their guns. The laws that are in place only pertain to certain manufacturers.

Having said that, however: “[F]or safety reasons it is recommended that you keep the orange tip so there is less of a chance for confusion of your ‘airsoft gun’ with an actual firearm.”[3]

Thus, law or no law, you probably want to have the orange tip on your gun, anyway.

Unsafe Versus Illegal

This bears repeating. The fact that there is nothing illegal about removing or defacing the orange tip on your Airsoft gun does not mean that there is nothing unsafe about it.

Part of the appeal of an Airsoft gun is its realistic appearance. This increases the charm of Airsoft weaponry, but it also increases its potential danger.

Consider a situation in which a police officer responds to a scene where individuals are brandishing or otherwise carrying Airsoft guns. You have to realize that, in any such emergency situation, a police officer’s “default” will be to react to any gun-like object as if it were a real gun.

Even with the orange tip in place, a law-enforcement officer might react as if the Airsoft gun were real. But the alternative is worse. For without the orange tip, the officer is almost certainly going to have to assume that the gun is a genuine firearm.

It’s a matter of stacking the odds in your favor. To some extent, the orange tip is akin to waiving a white flag. You’re trying to signal that your Airsoft weapon is not a lethal instrument and does not pose a significant risk to anyone – especially to an armed and trained police officer.

Safety Precaution

Therefore, it must be stressed that, although it is legally permissible to take off the tip, it is not recommended that you do so. This little piece of plastic might make the difference between someone incorrectly believing that you (or your child) is a threat – and reacting to that misperception – and correctly perceiving that the thing in your hands is merely an Airsoft replica.

Briefly stated, then:

• The best practice is to never remove, obscure, or otherwise disguise the blaze-orange tip on the end of your Airsoft gun.

Notes:

[1] Title 15, Subtitle B, Chapter II, Subchapter H, Part 272, Sections 1-5.

[2] Ibid., section 3.

[3] James Lucero, Deputy Chief of Staff, State Senate, Colorado; citing Reference: 15 USC 1150.