Yes, a felon can own an air rifle in Florida. Neither Florida nor federal law classifies air rifles as firearms, because the statutory definition of a firearm turns on whether the weapon uses an explosive to propel its projectile. Air rifles use compressed air, CO2, or a spring piston, so they fall outside the ban that applies to people with felony convictions. The one serious catch is probation or supervised release: those conditions can prohibit weapons that the statute itself would allow.
Why Air Rifles Fall Outside the Firearm Definition
Florida defines a firearm as a weapon designed to expel a projectile by the action of an explosive, together with the frame or receiver of such a weapon, silencers, destructive devices, and machine guns.1Florida Senate. Florida Statutes 790.001 – Definitions The word doing the work is “explosive.” Gunpowder qualifies. Compressed air does not.
Air rifles, BB guns, and pellet guns push a projectile down the barrel using pumped air, a CO2 cartridge, or a spring-loaded piston. None of those mechanisms involve an explosive charge, so none of them meet the statutory definition, no matter how powerful or accurate the gun might be.
Florida’s felon-in-possession statute, Section 790.23, prohibits anyone convicted of a felony from owning or possessing a firearm, ammunition, or electric weapon.2Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful Air rifles aren’t any of those three things, so the ban doesn’t reach them.
Federal law lines up the same way. The federal prohibition on felons possessing firearms uses a definition that also hinges on expelling a projectile by the action of an explosive.3Office of the Law Revision Counsel. 18 USC 921 – Definitions4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts One narrow exception: if an air gun is built using the frame or receiver taken from an actual firearm, that frame or receiver is still a regulated firearm component regardless of what the finished product does. Mass-produced commercial air rifles don’t raise that issue, but a hobbyist conversion using real firearm parts can.
Probation and Supervised Release Change the Picture
Everything above assumes the sentence is finished. If you’re still on probation, community supervision, or federal supervised release, your conditions can prohibit things the statute doesn’t.
Federal supervised release conditions typically bar possession of any “dangerous weapon,” defined as anything designed or modified to cause bodily injury or death to another person.5United States Courts. Chapter 2 – Possession of Firearm, Ammunition, Destructive Device, or Dangerous Weapon Whether a given air rifle fits that description depends on the weapon and on how your probation officer reads the condition. A high-powered PCP air rifle built for hunting could plausibly qualify. A Daisy Red Ryder BB gun probably wouldn’t. “Probably” is thin margin when a violation can send you back to prison.
Florida state probation can carry comparable restrictions. Judges have broad discretion to impose special conditions, and a court concerned about weapons may write language that sweeps in more than just statutory firearms. Read your supervision order, and ask your probation officer before you buy anything.
Hunting With an Air Rifle After a Felony Conviction
The Florida Fish and Wildlife Conservation Commission explicitly allows convicted felons with the proper hunting licenses to hunt with airguns, bows, and crossbows during seasons where those tools are legal.6Florida Fish and Wildlife Conservation Commission. Hunting With a Felony Conviction Florida has expanded air gun hunting in recent years, and air rifles of sufficient caliber are now permitted for various game species during designated seasons. Check the current FWC regulations for caliber requirements and legal game before you hunt.
Other Rules That Still Apply
Air rifles aren’t firearms, but they aren’t unregulated either.
- Florida prohibits anyone under 16 from using a BB gun, air gun, or gas-operated gun unless supervised by an adult with the parent’s consent. An adult who knowingly lets a child under 16 use one unsupervised commits a second-degree misdemeanor.7Florida Senate. Florida Statutes 790.22 – Use of BB Guns, Air or Gas-Operated Guns, or Electric Weapons or Devices by Minor Under 16; Penalty
- Many Florida cities and counties restrict discharging projectile weapons within municipal limits, and those local rules often cover air guns alongside firearms. Check your local ordinances before shooting in a backyard.
- Reckless use of any projectile weapon can bring criminal charges whether or not the weapon counts as a firearm.
On paper, the rule is simple: a felon in Florida can own an air rifle because an air rifle is not a firearm. The complications sit around the edges, in supervision conditions and local rules. If you’re off paper and buying a commercially made air rifle, you’re on solid ground. If you’re still on supervision, talk to your probation officer first.