Laws & Safety · Legal Guide
Airgun laws in the U.S.: is an air rifle a firearm?
Researched by James · Updated September 26, 2026 · Editorial policy
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The state examples below are drawn directly from the states' own statutory text (New Jersey and Illinois), the federal definition in the U.S. Code, and Airgun Depot's summary of city-level restrictions, all linked in Sources. Airgun possession and hunting law changes; verify your own state and city before buying or hunting with one. Full methodology & editorial policy →
Is an airgun a firearm under federal law?
No. The federal definition of "firearm" (18 U.S.C. §921(a)(3)) covers a weapon that expels a projectile by the action of an explosive. Airguns work on compressed air, CO2, or another gas, not an explosive charge, so the ATF doesn't treat them as firearms under federal law, and buying one doesn't involve a background check, a federal form, or interstate shipping restrictions the way a real gun does. That federal baseline is why airguns are sold like sporting goods in most of the country — but "federal law doesn't restrict it" and "no state or city restricts it" are two very different statements, and the gap between them is exactly where hunters get caught out.
Which states treat airguns as firearms?
| State | How it's defined | What that means |
|---|---|---|
| New Jersey | "Firearm" includes any air or spring gun ejecting a projectile under 3/8 in. diameter with force sufficient to injure (N.J.S.A. 2C:39-1(f)) | A Firearms ID card is required to purchase and possess a qualifying air rifle; a pistol needs an ID card and a separate purchase permit, and carrying one needs a carry permit |
| Illinois | Airguns are excluded from "firearm" only if .18 caliber or smaller and under 700 fps (430 ILCS 65/1.1) | Most hunting PCPs (.22 and up, or faster than 700 fps) fail at least one threshold and legally count as firearms, requiring a FOID card |
| New York City | Not defined as a firearm in the main NYC firearms code, but dealers must record every air pistol/rifle buyer for NYPD inspection | Not an outright ban, but a real regulatory layer on top of state and federal rules — confirm current city rules before buying or bringing one in |
New Jersey's and Illinois's thresholds are worth reading closely: New Jersey's cutoff is projectile diameter and force, so most standard-caliber hunting pellets and slugs qualify as regulated. Illinois's cutoff is both caliber and velocity, so a hunting-power air rifle almost always trips at least one line even if it clears the other. In both states, that reclassification carries the same licensing burden as owning a firearm — this isn't a technicality.
The two questions you actually have to answer
"Is airgun hunting legal in my state" is really two separate legal questions, and treating them as one is how mistakes happen:
- Is the device itself a regulated firearm to own? That's a state criminal or weapons code question — the New Jersey and Illinois examples above are exactly this. Most states answer no, but you have to check your own state's definition, not assume it matches your neighbor's.
- Can you use it to hunt a specific species? That's a state wildlife agency question, completely separate from the first. California is the cleanest example: airguns aren't treated as firearms there for possession purposes, but the state's hunting regulations (14 CCR §311) authorize them only for certain resident small game, not big game. See California airgun hunting laws for the full breakdown of what's actually legal to hunt there and how.
A state can answer either question independently of the other — an airgun can be a plain sporting good for possession purposes and still be off-limits for the species you want to hunt, or vice versa. Check both, every time you're hunting somewhere new.
Cities add a third layer: discharge
Even where a state doesn't restrict airgun possession or hunting at all, cities and counties commonly restrict where you can fire one, independent of the animal or the device's legal classification. This shows up constantly in suburban and semi-rural areas where backyard pest control runs headfirst into a municipal discharge ordinance. Can you shoot a pellet gun in your backyard? covers real city ordinance examples and how to check yours.
How to actually check your state and city
- Read your state's weapons statute definition of "firearm." Search "[your state] revised statutes firearm definition" and look specifically for language about air guns, spring guns, or a caliber/velocity threshold, the way New Jersey and Illinois define theirs.
- Read your state wildlife agency's current hunting regulations for the specific species you want to hunt — not a general "is airgun hunting legal" summary, which can miss species-specific rules like California's small-game-only authorization.
- Check your city or county's municipal code for a discharge ordinance, usually searchable on sites like municode.com or amlegal.com under a chapter titled "weapons" or "offenses."
- Check your HOA or lease if either applies — those are private agreements that can restrict shooting even where every level of government allows it.
Verdict
Federal law settles the "is an airgun a gun" question in the airgun's favor, but that answer doesn't travel to every state or city. New Jersey and Illinois show how a state can fold most hunting-grade air rifles into its firearm licensing system entirely on its own terms, and hunting-method law is a completely separate check on top of that. Do both checks, plus the city discharge check, before you assume anything about where you're standing.
FAQ
Is an airgun considered a firearm?
Under federal law, no — 18 U.S.C. §921(a)(3) defines a firearm as a weapon that expels a projectile by an explosive, and airguns use compressed air or gas instead. Several states define it differently for their own purposes: New Jersey's weapons statute (N.J.S.A. 2C:39-1(f)) includes air and spring guns that eject a projectile under 3/8 inch in diameter with enough force to injure, and Illinois excludes an airgun from its firearm definition only if it's .18 caliber or smaller and under 700 fps (430 ILCS 65/1.1).
Do you need a Firearm Owner's ID (FOID) card for an air rifle in Illinois?
If the air rifle fires a projectile larger than .18 caliber, or reaches 700 fps or more, yes — Illinois's FOID Card Act only excludes airguns that meet both the smaller-caliber and lower-velocity thresholds (430 ILCS 65/1.1). Most hunting-grade PCP air rifles, in .22 caliber and up at typical hunting velocities, clear at least one of those thresholds and are legally firearms in Illinois.
Is a pellet gun a firearm in New Jersey?
Functionally, yes, for most air rifles and pellet pistols. New Jersey's criminal code defines "firearm" to include air guns and spring guns that eject a projectile smaller than 3/8 inch in diameter with sufficient force to injure a person (N.J.S.A. 2C:39-1(f)), which covers the great majority of hunting and plinking airguns. A Firearms ID card is required to purchase and possess one, and a separate carry permit applies to an air pistol.
Are airguns restricted in New York City?
NYC doesn't define air pistols and air rifles as firearms in its main firearms code, but it does regulate them separately: city rules require dealers to record the name and address of every air pistol or air rifle buyer for police inspection. That's a real layer of regulation short of an outright ban, and city rules can change, so confirm the current requirement before buying or bringing one into the city.
Do most states treat airguns as firearms?
No, most states don't. The pattern in this guide — New Jersey and Illinois defining certain airguns as firearms — is the exception, not the rule. Most states regulate air rifles more like sporting goods than guns for possession purposes, though nearly every state still regulates how and what you can hunt with one separately.
Does a state's airgun possession law also cover hunting with one?
No — treat them as two separate questions. A state's weapons statute decides whether the device itself counts as a regulated firearm to own or carry. A state wildlife agency's hunting regulations separately decide whether, and how, you can use an air rifle to take a specific species. California is a clear example: airguns aren't restricted as firearms there, but 14 CCR §311 specifically authorizes them only for certain small game, not big game.
Can a city ban airguns even where state law allows them?
Yes, and discharge is the more common way cities do it. Many cities prohibit discharging any airgun within city limits regardless of state law, separate from whether the state treats the device as a firearm. See can you shoot a pellet gun in your backyard for real examples of how strict some city discharge ordinances get.
How do I find my state's actual airgun laws?
Check three things separately: your state's criminal or weapons code definition of "firearm" (to see if it sweeps in airguns), your state wildlife agency's current hunting regulations for the species you want to hunt, and your city or county's discharge ordinance. A state hunting law page, a state legislature's statute search, and your city's municipal code (often hosted on sites like municode.com or amlegal.com) cover all three.
