Airsoft & Hunting: An Overview of the Legal Issues
In order to discover whether Airsoft weapons are legal for hunting in the United States, I wrote to conservation officers, game wardens, naturalists, and other government officials in all fifty States. What I found out was that the legal status of Airsoft guns as hunting weapons is somewhat murky. I have organized my results into three categories. In thirty-three (33) states, it seems that the answer is Airsoft guns are probably not legal for hunting. In fourteen (14) states, it actually looks like Airsoft guns might technically be legal – but are probably not recommended. But in three (3) states, the question appears either undecided or otherwise unclear.
(For my State-by-State guide to hunting-related Airsoft laws, see HERE.)
| State | Possible Legal Status of Airsoft as Hunting Weapons |
| Alabama | Seem to be Technically LEGAL |
| Alaska | Probably ILLEGAL |
| Arizona | Seem to be Technically LEGAL |
| Arkansas | UNCERTAIN Status |
| California | Probably ILLEGAL |
| Colorado | UNCERTAIN Status |
| Connecticut | Probably ILLEGAL |
| Delaware | Probably ILLEGAL |
| Florida | UNCERTAIN Status |
| Georgia | Seem to be Technically LEGAL |
| Hawaii | Probably ILLEGAL |
| Idaho | Probably ILLEGAL |
| Illinois | Probably ILLEGAL |
| Indiana | Seem to be Technically LEGAL |
| Iowa | Seem to be Technically LEGAL |
| Kansas | Probably ILLEGAL |
| Kentucky | Probably ILLEGAL |
| Louisiana | Probably ILLEGAL |
| Maine | Seem to be Technically LEGAL |
| Maryland | Probably ILLEGAL |
| Massachusetts | Probably ILLEGAL |
| Michigan | Probably ILLEGAL |
| Minnesota | Seem to be Technically LEGAL |
| Mississippi | Probably ILLEGAL |
| Missouri | Probably ILLEGAL |
| Montana | Probably ILLEGAL |
| Nebraska | Seem to be Technically LEGAL |
| Nevada | Seem to be Technically LEGAL |
| New Hampshire | Probably ILLEGAL |
| New Jersey | Probably ILLEGAL |
| New Mexico | Probably ILLEGAL |
| New York | Probably ILLEGAL |
| North Carolina | Probably ILLEGAL |
| North Dakota | Probably ILLEGAL |
| Ohio | Seem to be Technically LEGAL |
| Oklahoma | Probably ILLEGAL |
| Oregon | Probably ILLEGAL |
| Pennsylvania | Probably ILLEGAL |
| Rhode Island | Probably ILLEGAL |
| South Carolina | Seem to be Technically LEGAL |
| South Dakota | Probably ILLEGAL |
| Tennessee | Probably ILLEGAL |
| Texas | Probably ILLEGAL |
| Utah | Probably ILLEGAL |
| Vermont | Seem to be Technically LEGAL |
| Virginia | Seem to be Technically LEGAL |
| Washington | Probably ILLEGAL |
| West Virginia | Probably ILLEGAL |
| Wisconsin | Probably ILLEGAL |
| Wyoming | Seem to be Technically LEGAL |
1 This table summarizes my best guess as to the legal status of Airsoft guns as hunting weapons in the various U.S. States. My conclusions are only for information purposes. I could be wrong! Don’t rely on me!
(For my State-by-State guide to hunting-related Airsoft laws, see HERE.)
There Are Several Issues
When considering the question of whether or not Airsoft guns “count” as hunting weapons, you should recognize that are actually a number of other questions in the vicinity. One question might be called “practical” and has to do with whether or not an Airsoft gun could actually manage to kill an animal. I tackle this question HERE and will not address this issue, presently.
A second issue has to do with the way in which Airsoft guns are designed. Typically, Airsoft guns propel plastic “BBs” as relatively low velocities for the purpose of recreational war games. There are other “air guns” that actually discharge metal pellets at higher velocities. I summarize some of the differences in construction – and their implications for hunting and self-defense – HERE.
But these differences don’t always register in hunting regulations. Which brings me to the next point. Another group of questions fall under the category “legal” and have to do with how Airsoft guns are treated in state laws and state hunting regulations.
The Classification of Airsoft Guns
There are a number of other issues that arise at this point. For one thing, Airsoft guns are sometimes classified as replica firearms. For example, an information and education representative of Massachusetts’s Division of Fisheries & Wildlife flatly referred to the devices in question as “Airsoft replica guns”.[1] There are regulations that deal with these sorts of guns quite independently of any question of hunting. I won’t repeat all the relevant information here. But for my overview of the situation on both federal and state levels, see THIS ARTICLE.
Other times, Airsoft guns are even categorized as toys. When it comes to hunting, whether Airsoft guns are considered toys or not is very important. As one Connecticut conservation officer put it: “…Airsoft is a toy to be used with adult supervision and not a hunting implement[;] therefore[,] it is not regulated”[2] from the point of view of hunting.
Another thing to bear in mind is that Airsoft guns are often treated similarly to paintball guns. They might not be “toys” per se, but they are not quite “weapons” either. Maybe we think of them as recreational devices. This point was made by a law enforcement official from Alabama. He reminds us that “…numerous kids and adults who use them in a way like paintball guns are used.”[3]
How Is the Status Determined?
Explicit Reference in the Law
Theoretically, there are a number of ways to determine the status of Airsoft guns as hunting weapons. One way would be if state law explicitly addressed the issue. So, there might be a regulation or statute that literally says “Airsoft guns are legal” or “Airsoft guns are illegal.”
Although this is possible, I have not found any state like this.
Inference From Some ‘Regulative Principle’
Another way to make the legal determination would be to take a list of allowable weapons and then infer the status of Airsoft guns based upon another principle. We might call this a “regulative” principle.
There are two sorts of principle that I have in mind. The trouble is that the two principles are at odds with each other!
On the first one, you might think that if Airsoft guns are not expressly allowed, then they are forbidden. One the second one, you might think that if Airsoft guns are not expressly outlawed, then they’re permitted.
An example of the former approach might be found in the response I received from a representative of Mississippi’s Hunter Education program. He basically answered my question about the legality of using Airsoft for hunting by saying that no such weapons show up on the list of allowable weapons.[4]
One example of a person taking the latter approach comes from my correspondence with a game warden in Vermont. He wrote: “It [that is, using Airsoft guns to hunt] is legal, but only in the way that we don’t have a statute that prevents it. ‘If we don’t say you can’t, then you can.’ That applies here to Airsoft. I don’t want anyone to do it, but they wouldn’t be charged if they did.”[5]
Another instance occurred in an exchange with a director of Arkansas’s Game & Fish Commission. He stated: “Technically, airsoft guns are not prohibited by regulation for hunting small game such as squirrels or rabbits.”[6] It seems reasonable to interpret this statement in this way. Airsoft guns aren’t explicitly forbidden, so they can be treated as legal.
Inference From Minimum Weapon Specifications
Another possibility is that a particular state might have minimum requirements for allowable weapons, without necessarily listing all allowable weapons explicitly. For instance, maybe a particular ammunition caliber (e.g., .22) is specified. Or maybe a particular muzzle velocity (e.g., 1,000 feet per second) is required. Or perhaps a particular amount of kinetic energy (say 1,000 joules) or impact energy (maybe 3 foot-pounds) is required. Whatever is specified – and in whatever combination – if Airsoft guns fail to meet these minimums, then they would be disallowed.[7]
If an Airsoft gun isn’t powerful enough to (predictably or reliably) kill targeted animals, then the anticipated “end result” or shooting them “would simply be hazing or harassing wildlife instead of hunting.”[8] And this is in itself a possible legal charge in many jurisdictions.
Hunting is covered by laws at several levels of government.
Other Issues
It is worth noting that legal definitions are often precise (as they need to be to serve their purposes) and sometimes use words in ways that depart from their meanings in everyday conversation. A number of words can become tricky when considering Airsoft-related legal issues.
Right off the bat, it is important to observe that “hunting” may not simply mean successfully killing an animal. It can refer to “capturing” or even merely “pursuing” animals. Often, “hunting” is a blanket term that ranges over lots of activities that people might do when “going after” game animals. Actually killing an animal is sometimes referred to as “taking” it.
The word “firearm” is another tricky word. It generally designates guns that discharge their projectiles by means of controlled explosions. However, in some states, broader definitions of “firearms” are adopted in some legal contexts. So, for example, air guns, bows and arrows, crossbows, and numerous other devices may be considered “firearms” for certain purposes or in particular jurisdictions.
Once these definitions are settled and kept in mind, we can begin to approach state law.
Even here, though, complexities arise.
Also keep in mind that the question of hunting legality is not necessarily the only relevant one when deciding whether or not to pack your Airsoft gun on your next hunting outing. There are related categories such as “animal harassment.”
As one representative from Maine put it: “If an airsoft gun were to be used by someone while hunting small game and it was not capable of killing an animal, the end result would simply be harassing the particular game animal that is being ‘hunted.’ This type of activity would likely result in someone being charged with Harassment of Wildlife. SO …the end result of using it could put the person in jeopardy of violating other state laws that are in place to protect …wildlife …”[9]
Other states are likely somewhat similar.
Thus, in some places, a person could be charged with “harassing” an animal with an Airsoft gun – quite apart from any question of “hunting,” properly so-called.
Additionally, even if Airsoft guns were legal to “hunt” with, “Air soft guns being considered firearms for hunting does create many other issues. A person utilizing an air soft gun for hunting would need a valid license, a safety course (or parental supervision from a licensed hunter), etc. They are really designed more as a toy or target practice device, not meant for hunting. …[I]t might be more of an ethical issue using them for hunting. We would never want to see a person wound an animal leaving it to suffer.”
And this leads to another necessary point: namely, the question of Airsoft’s status in relation to hunting is only part of a larger, legal picture. There may be overarching laws that prohibit the use of Airsoft guns at certain times, by some individuals, or in particular places. Hence, you need to be aware of the situation in your area. Consult with attorneys, court clerks, legislators, police officers, sheriffs, and other authorities in your city and state.
I have two State-law guides. One deals with non-hunting-related laws; see it HERE. The other deals with hunting-related laws; it can be viewed HERE.
Notes:
[1] Marion E. Larson, Chief of Information & Education, Massachusetts Division of Fisheries & Wildlife; via email.
[2] Sergeant Sean Buckley, Officer #624, Connecticut State Environmental Conservation Police, Western District Headquarters; via email.
[3] Lt. Todd Draper, Assistant Supervisor, Alabama Department of Conservation and Natural Resources, Wildlife and Freshwater Fisheries, Law Enforcement; via email.
[4] Robert Parham, Hunter Education, State of Mississippi; via email.
[5] Colonel Jason M. Batchelder, Chief Warden, Vermont Fish and Wildlife; via email.
[6] Chris Colclasure, Assistant Deputy Director, Arkansas Game and Fish Comission, Little Rock, Arkansas; via email.
[7] Of course, theoretically, a weapon could not only fail to meet a specified minimum, but it could also exceed a specified maximum. However, practically speaking, this possibility is unlikely in the case of Airsoft guns and may be safely ignored.
[8] Johnathan O’Dell, Small Game & Migratory Game Birds Biologist, Arizona Game and Fish Department; via email.
[9] Josh Bubier, Maine Warden Service; via email.