You might expect to face legal trouble if a law enforcement officer found you in possession of a firearm. You might also expect to face charges if you were found in possession of a stun gun or switchblade knife. However, many people are surprised to learn that a BB gun, pellet gun, or even a paintball gun can also lead to serious weapon charges in New York.
While most people view BB guns, pellet guns, and paintball guns as recreational items or toys, they are capable of causing severe physical injury and even death in certain circumstances. Because of this potential danger, law enforcement agencies may treat these weapons very seriously, especially when they are carried in public, used in a threatening manner, or mistaken for a real firearm.
If you have recently been charged with weapon charges involving one of these devices, or if you are worried that you could face charges due to a move or visit to another city, it is wise to consult with one of our experienced weapon defense attorneys at the Law Office of Benjamin Greenwald.
Call (845) 567-4820 for a consultation to learn more about the possible charges and your legal options.
Is a BB, Pellet, or Paintball Gun Considered a Firearm Under New York State Law?
The Consolidated Laws of New York Penal (PEN) Chapter 40, Part 3, Title P, Article 265 defines a firearm as any revolver or pistol, shotgun less than 18 inches long with one or more barrels, rifle less than 16 inches long with one or more barrels, assault weapons, weapons made from a shotgun or rifle, or other devices that expel a projectile by explosive force.
BB, pellet, and paintball guns do expel projectiles, but they do not do so by explosives. Instead, these devices are classified as air guns, using compressed air or gas to propel BBs, pellets, or paintballs.
Because of this distinction, BB guns, pellet guns, and paintball guns are not technically considered firearms under New York state law. However, if these guns are not clearly marked with bright coloring or an orange tip, they may appear identical to real firearms. This can lead law enforcement officers to mistake them for actual guns and treat individuals in possession of them as if they were carrying a real firearm, increasing the risk of arrest and criminal charges.
Can a BB, Pellet, or Paintball Gun Be Considered a Weapon Under New York State Law?
Although they are not legally defined as firearms, BB guns, pellet guns, and paintball guns may still be classified as weapons and result in serious legal consequences.
Under standards recognized by the New York City Government, these devices may be viewed as a “dangerous instrument”, meaning any article, substance, or instrument that is readily capable of causing serious physical injury or death and is actually used, attempted to be used, or threatened to be used in such a way.
In certain situations, these devices may also be considered a “deadly weapon”, which is defined as any loaded weapon capable of producing serious physical injury or death when discharged.
According to the United States Consumer Product Safety Commission, approximately four deaths per year are linked to BB guns or pellet rifles. The agency also notes that high-velocity BB guns can reach a muzzle velocity of more than 350 feet per second, which significantly increases the risk of fatal injuries.
What Charges Could You Face for BB, Pellet, or Paintball Guns?
The specific charges a person could face for a BB, pellet, or paintball gun depend entirely on the circumstances. However, it is possible to be charged with Criminal Possession of a Weapon if law enforcement believes the gun was carried on your person or was in your control (constructive possession), such as inside your vehicle, and there is evidence showing intent to use it unlawfully against another person.
If you have been charged with Criminal Possession of a Weapon, the Law Office of Benjamin Greenwald has experienced weapon defense attorneys who may be able to defend your rights and challenge the allegations against you.
If the weapon is used to harm another individual or results in a fatality, additional and more serious charges may apply, such as first-degree assault , which involves intentionally causing serious physical injury using a deadly weapon and is classified as a Class B felony , or even murder. It is important to understand that multiple criminal charges can stem from a single incident.
What About Minors and BB, Pellet, or Paintball Guns?
Many parents believe BB guns, pellet guns, and paintball guns are harmless. In reality, they can cause significant harm, especially to children and teenagers.
A study conducted by Nationwide Children’s Hospital found that between 1990 and 2016, approximately 364,133 children under the age of 18 were treated in emergency rooms for injuries caused by nonpowder firearms such as BB guns, pellet guns, and paintball guns. While overall injury numbers decreased over the years, eye injuries increased, and in 2016, a child was treated for such an injury every hour. BB guns were responsible for 81% of those injuries.
In New York, it is illegal for a person under the age of 16 to possess a BB gun, pellet gun, or paintball gun. A minor can be charged under NYPL §265.05, which governs Unlawful Possession of Weapons by Persons Under Sixteen.
If convicted, the individual may be classified as a juvenile delinquent if they are between 12 and 16 years old. While they will not be placed in adult jail or prison, the New York State Unified Court System will determine whether the child should be supervised, treated, or placed under the care of local social services or the state’s Children and Family Services department.
Are the Laws the Same Throughout the State?
In general, New York’s weapon laws are consistent throughout the state. However, certain municipalities , including New York City , may impose stricter local regulations compared to other areas such as Orange County, New York.
As a result, something that may be legal in one part of the state could be illegal just an hour away in another. Individuals who are not fully familiar with both state law and local ordinances should consult with an attorney or local law enforcement before transporting or possessing a BB, pellet, or paintball gun in different areas to avoid unexpected weapon charges.
Why You May Want to Hire a Criminal Defense Attorney to Assist You with Weapon Charges
New York has some of the most severe firearm and weapon laws in the country, and many residents , both new and lifelong , do not realize that a BB gun, pellet gun, or paintball gun can be treated as a criminal weapon.
While there is no legal requirement to hire an attorney when facing these charges, an experienced criminal defense attorney and weapon defense attorney can play a crucial role in protecting your rights. They may be able to challenge the evidence, negotiate reduced charges, seek a dismissal, or work toward a lighter sentence and reduced impact on your future.
If you are facing weapon charges, do not delay.
Call the Law Office of Benjamin Greenwald at (845) 567-4820 to speak with one of our knowledgeable New York criminal defense attorneys about your legal options today.
Frequently Asked Questions
Q:1 Are BB guns legal in New York State?
BB guns are not considered firearms under state law, but possession can still lead to weapon charges depending on circumstances and location.
Q:2 Can a pellet gun get you arrested in New York?
Yes. Pellet guns can be considered a dangerous instrument, which may result in criminal possession charges.
Q:3 Are paintball guns illegal in NYC?
New York City has stricter local regulations and possession may result in legal consequences, even if legal elsewhere in the state.
Q:4 Can a minor own a BB or pellet gun in New York?
No. New York law makes it illegal for anyone under 16 to possess a BB, pellet, or paintball gun.
Q:5 Should I call a lawyer for a BB gun charge?
Yes. New York’s weapon laws are strict, and you may face serious penalties without legal representation.
