A felon can own a BB gun in Florida. The state’s felon-in-possession law applies only to firearms, and Florida defines a firearm as a weapon that uses explosive force to launch a projectile. BB guns run on compressed air, CO2, or a spring, so they fall outside that definition and outside the ban in Section 790.23. That is the short answer, and it is the right one, but it is not the whole picture. A BB gun can still trigger probation violations, assault charges, and dangerous encounters with police, and federal law reaches the same conclusion about firearms through its own definition that a felon should understand.
The Statutory Definition That Decides It
Florida Statute 790.001(9) defines a firearm as any weapon that will, is designed to, or can readily be converted to expel a projectile by the action of an explosive. The definition also covers frames, receivers, silencers, destructive devices, and machine guns.1Florida Senate. Florida Statutes 790.001 – Definitions
The operative words are “action of an explosive.” Gunpowder qualifies. Compressed air does not. CO2 cartridges do not. Spring mechanisms do not. Because every BB gun, pellet gun, and airsoft gun uses one of those non-explosive propellants, none of them are firearms under Chapter 790, and the firearm-specific regulations in that chapter do not reach them.
The legislature treats BB guns as a separate category. Section 790.22 regulates their use by minors under 16 without saying a word about adults who are prohibited from owning firearms.2Florida House of Representatives. 2025 Statutes Chapter 0790 If BB guns were firearms, that standalone provision would be unnecessary.
What Section 790.23 Actually Prohibits
Florida’s felon-in-possession statute, Section 790.23, makes it a crime for anyone convicted of a felony to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device. It also prohibits felons from carrying concealed weapons, including tear gas guns and chemical weapons.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
The ban is broader than many people assume on the question of who counts as a felon. It covers felony convictions from Florida courts, federal felony convictions, convictions in other states or countries for offenses that carried a potential sentence of more than one year, and certain juvenile adjudications for people under 24.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful But on the question of what is prohibited, the statute is narrow: firearms, ammunition, electric weapons, and concealed weapons. BB guns are not on that list and do not fit the firearm definition that controls it.
The penalties for violating 790.23 explain why the question matters. A felon caught with a firearm faces a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.4Florida Senate. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures;டentences5Florida Senate. Florida Code 775.083 – Fines Gang-related enhancements under Section 874.04 push the charge to a first-degree felony with a potential life sentence.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful Florida’s 10-20-Life law can add mandatory minimums of 3 or 10 years when a firearm is tied to another qualifying felony.6Online Sunshine. Florida Code 775.087 – Possession or Use of Weapon; Aggravated Battery; Felony Reclassification; Minimum Sentence Those stakes are what makes the BB gun distinction worth getting right.
Federal Law Draws the Same Line
State law is not the only barrier. Under 18 U.S.C. 922(g)(1), anyone convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing any firearm or ammunition, no matter which state they are in.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The federal definition of a firearm in 18 U.S.C. 921(a)(3) tracks Florida’s: a weapon designed to or readily convertible to expel a projectile by the action of an explosive. BB guns miss that definition for the same reason they miss Florida’s. Federal law does not prohibit a felon from owning an air-powered gun.
The federal consequences for an actual firearm, though, are severe. Nearly 98% of people convicted under 922(g) go to prison, with an average sentence of about 71 months. Those with three or more qualifying prior convictions can be sentenced as armed career criminals under 18 U.S.C. 924(e), which carries a 15-year mandatory minimum.8United States Sentencing Commission. Section 922(g) Firearms A single incident can produce both state and federal charges.
Where a BB Gun Can Still Create Problems
Owning a BB gun is legal for a Florida felon. Using one carelessly, carrying one in the wrong setting, or possessing one in violation of a court order is not. The common pitfalls:
- Probation and supervised release conditions often prohibit possession of any weapon, not just firearms. A BB gun fits that broader wording. A probation officer who finds one can file a violation report, and a judge who agrees can revoke probation and impose the suspended prison sentence.
- Pointing a BB gun at someone or using it to threaten harm can support an assault charge. If the circumstances put the victim in reasonable fear of serious injury, prosecutors may file aggravated assault, which is a felony. Whether a BB gun qualifies as a deadly weapon in a given case turns on the specific facts.
- Using a BB gun to threaten someone during a robbery elevates the charge regardless of whether the object meets the firearm definition. A BB gun built to look like a handgun is especially risky because victims and officers cannot tell the difference in the moment.
- Reckless shooting in a public place can draw misdemeanor charges for disorderly conduct or disturbing the peace even when no one is hurt.
There is a separate practical risk worth naming. Police responding to a report of a person with a gun cannot distinguish a BB gun from a firearm at a distance. For a felon, any encounter involving what looks like a weapon can escalate quickly and open the door to a search, questioning, or new charges.
Restoring Firearm Rights
Section 790.23 has two built-in exceptions. The ban does not apply to a felon whose civil rights and firearm authority have been restored through executive clemency, or to someone whose record has been expunged under Florida law.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
Amendment 4, passed in 2018, restored voting rights for most felons who completed all terms of their sentence. It did not restore firearm rights. Those still require a separate clemency application through the Florida Board of Executive Clemency.9Florida Commission on Offender Review. Apply for Restoration of Civil Rights, Pardon, Firearm Authority and Other Forms of Clemency The Governor holds the clemency power and must have the agreement of at least two Cabinet members to grant relief.10Florida Commission on Offender Review. Clemency The process is selective, the backlog is long, and approval is not guaranteed.
Expungement under Florida Statute 943.0515 is the other route, but it is available only in limited circumstances and does not reach most felony convictions. For most felons, firearm rights remain out of reach for the foreseeable future, which is exactly why the BB gun distinction matters in daily life: it is one of the few projectile weapons a felon can legally keep at home in Florida, and keeping it legally means knowing where the line is.