In Colorado, a person with a felony conviction can legally own a standard BB gun. State law defines a firearm as a device that fires a projectile by an explosive charge, and a BB gun uses compressed air, a spring, or a CO2 cartridge instead. Federal law draws the line in the same place. So the question of whether a felon can own a BB gun in Colorado comes down to a definitional point, and that point lands in the owner’s favor. A few situations can still create legal trouble, and they are worth knowing before you buy.
Why a BB Gun Isn’t a Firearm Under Colorado Law
Colorado’s criminal code defines a firearm as any handgun, revolver, pistol, rifle, shotgun, or other device capable of discharging projectiles by an explosive charge.1Justia Law. Colorado Code 18-1-901 – Definitions The deciding phrase is “explosive charge.” A conventional gun fires because a primer ignites gunpowder. A BB gun has no explosion inside it. No explosion, no firearm.
Colorado’s statute on possession of weapons by previous offenders also sweeps in weapons classified as dangerous, so it is worth checking that list too. The dangerous-weapon category is narrow and specific: firearm silencers, machine guns, machine gun conversion devices, short shotguns, and short rifles.2Justia Law. Colorado Code 18-12-102 – Possessing a Dangerous or Illegal Weapon – Definitions BB guns and air rifles are not on it. So a standard BB gun misses the firearm definition and the dangerous-weapon list that together trigger Colorado’s possession ban for people with felony records.3Justia Law. Colorado Code 18-12-108 – Possession of Weapons by Previous Offenders
Federal Law Reaches the Same Result
The Gun Control Act defines a firearm as a weapon designed to expel a projectile by the action of an explosive, together with frames, receivers, silencers, and destructive devices.4Office of the Law Revision Counsel. 18 USC 921 – Definitions Air and CO2 devices do not fit. The federal ban on firearm possession by anyone convicted of a crime punishable by more than a year in prison therefore does not reach a BB gun.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons State law and federal law point the same direction.
When a BB Gun Can Still Get You in Trouble
Legal to own is not the same as risk-free. A few scenarios turn a lawful BB gun into a serious problem.
Modifications
If a BB gun is altered to fire a projectile using an explosive charge instead of compressed air, it meets Colorado’s firearm definition. From that moment, the owner is in violation of the possession ban. What the device looks like on the outside does not matter; what matters is the mechanism inside.
Use During Another Crime
Pointing or displaying any object in a way that creates reasonable fear of harm can support criminal charges on its own. A realistic-looking BB gun can be the basis for charges like menacing or robbery. Courts have treated non-lethal objects as dangerous weapons depending on how they were used. Prosecutors focus on the conduct, not the technical weapon category.
Local Ordinances
Some Colorado cities and counties regulate BB guns and air rifles separately. Local rules can restrict where you can shoot one, set age limits, or ban possession in certain public places. A BB gun that is legal statewide can still violate a city code. Check your municipal code before assuming state law is the whole picture.
Why the Line Matters: Penalties for an Actual Firearm
Possession of a firearm by a previous offender is a Class 6 felony by default under Colorado law. The charge rises to a Class 5 felony if the weapon is a statutory dangerous weapon, or if the person’s underlying felony involved burglary, arson, force, or a deadly weapon and the new offense occurs within ten years of conviction or release from supervision. Anyone who uses or threatens to use the firearm during another crime is ineligible for probation and must be sentenced to the Department of Corrections.3Justia Law. Colorado Code 18-12-108 – Possession of Weapons by Previous Offenders The gap between a BB gun and a real firearm is the gap between a lawful hobby and prison time.
Getting Firearm Rights Back
If you eventually want to own an actual firearm, Colorado offers a few paths, and none are automatic.
Record sealing is available for Class 4, 5, and 6 felonies three years after the later of final disposition or release from supervision. The court weighs the defendant’s privacy interest against the public interest in access, and a clean record during the waiting period matters. Sealing is not the same as a pardon, and whether a sealed record restores firearm rights under state and federal law depends on the facts of the case. Talk to a Colorado criminal defense attorney before relying on a sealed record to buy a gun.
The governor can grant a pardon through the clemency process administered by the Colorado Department of Corrections, with submission deadlines tied to the sitting governor’s term. A pardon can restore firearm rights, but clemency is discretionary and rarely granted.
Federal rights are a separate layer. Federal law independently bars firearm possession for people with qualifying convictions regardless of what Colorado does. The federal government is expected to reopen the 18 U.S.C. ยง 925(c) program in 2026, which would let individuals apply to the ATF for restoration of federal firearm rights on a showing of a completed sentence, a law-abiding life, and rehabilitation. The program is expected to carry presumptive disqualifications for violent offenses, sex offenses, and certain other categories. As of early 2026, the final rule and application portal had not launched. A state pardon does not automatically clear the federal bar, and federal relief does not override stricter state rules; both layers have to be cleared on their own terms.