Air guns are legal to own in most of New York State if you are at least 16 years old, but New York City bans them almost entirely, and the state adds separate rules for schools, hunting, and local discharge. So the short answer to whether air guns are legal in New York depends on two things: your age and your zip code.
New York City Bans Air Guns
If you live in or are traveling through any of the five boroughs, assume the answer is no. New York City Administrative Code 10-131 makes it unlawful for any person to sell, offer to sell, or possess any air pistol, air rifle, or similar spring- or air-powered instrument anywhere within city limits.1American Legal Publishing. New York City Administrative Code 10-131 – Firearms The only sales exception is for items delivered to a point outside the city.
A basic BB gun counts. Possessing one in the city without authorization can bring criminal charges, with fines and potential jail time depending on the circumstances and any prior record. Anyone moving into the city with an air gun collection needs to store those items elsewhere, and anyone driving through the city with an air rifle in the car can be charged under 10-131 even if the gun is legal at both the start and end of the trip. The practical workaround is to route around the city or ship the air gun separately.
You Must Be at Least 16
Statewide, Penal Law 265.05 makes it unlawful for anyone under 16 to possess an air gun, spring gun, or similar weapon propelled by spring or air pressure. A minor who violates the law is adjudicated as a juvenile delinquent in family court rather than charged criminally.2New York State Senate. New York Penal Law 265.05 – Unlawful Possession of Weapons by Persons Under Sixteen One exception: a minor who holds a valid hunting license and possesses a rifle or shotgun in compliance with the Environmental Conservation Law is not covered by this section.
Retailers also have to verify a buyer’s age before selling. The restriction follows the child onto private property, so letting a 14-year-old shoot a BB gun in the backyard still exposes that child to the statute.
Air Guns on School and College Grounds
Penal Law 265.06 makes it a violation for anyone 16 or older to knowingly possess an air gun, spring gun, or CO2-powered weapon on the building or grounds of any school, college, or university without written authorization from the institution. The offense carries up to 15 days in jail.3New York State Senate. New York Penal Law 265.06 – Unlawful Possession of a Weapon Upon School Grounds Written authorization generally exists for programs like ROTC marksmanship or collegiate shooting teams, not for individual students who happen to own an air rifle.
SUNY campuses layer their own policy on top. The Board of Trustees prohibits possessing air guns on any state-operated campus without written authorization from the campus president, and even an authorized air gun can only be used under the direct supervision of a university-approved instructor in an authorized program.4State University of New York. Firearms on State-operated Campuses – SUNY A pellet rifle stored in a dorm room violates that policy regardless of what state law allows.
Federal buildings are off-limits for a different reason. Under 18 U.S.C. § 930, possessing a dangerous weapon in a federal facility is punishable by up to one year in prison, and the statute’s broad definition can reach high-powered air guns depending on the circumstances.5Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
Hunting With an Air Gun
New York does permit hunting with air guns, but the Department of Environmental Conservation sets specific thresholds. To qualify as a legal hunting air gun, the weapon must fire a single projectile of at least .17 caliber at a minimum muzzle velocity of 600 feet per second. Both smoothbore and rifled barrels are permitted.6New York State Department of Environmental Conservation. Hunting and Trapping 2025-2026 Official Guide to Laws and Regulations A typical low-powered BB gun does not meet those specs.
Hunters still need a valid New York hunting license and must follow all applicable season dates, bag limits, and safety rules that apply to conventional firearms hunters. Check the DEC guide for current species-specific rules before heading out.
Where You Can Shoot Outside New York City
Owning an air gun legally and discharging it legally are two different questions. Many towns and villages prohibit firing any projectile weapon within their boundaries, with carved-out exceptions for approved shooting ranges and, in some places, private property that meets setback requirements. A few rural areas have no discharge restriction at all.
Call your town clerk before setting up targets in the yard. Legal ownership of the gun and the property does not by itself give you the right to shoot there.
Shipping and Flying With an Air Gun
The federal “safe passage” law that protects people transporting conventional firearms through hostile jurisdictions does not apply to air guns, because air guns are not federal firearms.7Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms That is the quirk behind the New York City travel warning above.
The TSA allows compressed air guns in checked baggage with the compressed air cylinder detached. They are not allowed in carry-on luggage.8Transportation Security Administration. Compressed Air Guns
The U.S. Postal Service permits mailing air guns, but any air gun capable of being concealed on a person, or any air gun with a muzzle velocity of 400 feet per second or more, must ship with Adult Signature service. Mailers must also comply with state and local law, which rules out mailing an air gun to a New York City address for personal possession.9Postal Explorer. Publication 52 – Hazardous, Restricted, and Perishable Mail
Penalties at a Glance
- Possession by a person under 16: juvenile delinquency adjudication under Penal Law 265.05, handled in family court.2New York State Senate. New York Penal Law 265.05 – Unlawful Possession of Weapons by Persons Under Sixteen
- Possession on school, college, or university grounds without authorization: a violation under Penal Law 265.06, up to 15 days in jail.3New York State Senate. New York Penal Law 265.06 – Unlawful Possession of a Weapon Upon School Grounds
- Possession or sale within New York City: violation of Administrative Code 10-131, with fines and possible imprisonment that scale with circumstances and prior record.1American Legal Publishing. New York City Administrative Code 10-131 – Firearms
- Possession inside a federal facility: up to one year in federal prison and fines under 18 U.S.C. § 930, if the gun qualifies as a dangerous weapon.5Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
- Local discharge violations: penalties vary by municipality, commonly ranging from fines to misdemeanor charges.
Orange Tips and the Police Encounter Problem
Air guns are not required to carry a blaze orange muzzle tip. Federal law under 15 U.S.C. § 5001 requires that marking on toy, look-alike, and imitation firearms, but the statute explicitly excludes “traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.”10Office of the Law Revision Counsel. 15 U.S. Code 5001 – Penalties for Entering Into Commerce of Imitation Firearms The Consumer Product Safety Commission’s rules follow the same exclusion.11eCFR. 16 CFR Part 1272 – Marking of Toy, Look-Alike, and Imitation Firearms
The practical consequence matters. An air gun can look identical to a real firearm, and responding officers have no way to tell at a distance. Carrying a realistic-looking air gun in public creates a dangerous situation even when the gun itself is legal where you are standing.