Whether you can shoot a pellet gun in your backyard in Colorado depends on your city or county ordinance, not state law. Colorado doesn’t classify pellet guns as firearms, so the statewide gun rules don’t reach them, and local governments are free to allow, restrict, or ban backyard air gun use however they choose. Some cities prohibit discharge anywhere inside city limits; many unincorporated areas allow it with basic safety conditions. Either way, the moment a pellet leaves your property or hits a person, state criminal statutes and civil liability take over regardless of what your local code says.
Why State Law Leaves This to Your City or County
Colorado Revised Statutes Section 18-12-101 defines a firearm as a device that uses an explosive to propel a projectile. Pellet guns, BB guns, and other air-powered guns run on compressed air, gas, or a spring, so they fall outside that definition.1Justia Law. Colorado Code Title 18 Article 12 Part 1 Section 18-12-101 State-level restrictions on carrying, concealing, or transferring firearms don’t automatically apply to your pellet rifle.
Colorado’s firearms preemption statute (CRS 29-11.7-103) limits what cities and counties can do to regulate firearms, but because air guns aren’t firearms, that limit never applied to them.2Colorado General Assembly. Senate Bill 21-256 Local governments have always had full authority over pellet guns, which is why the answer changes so sharply from one town to the next. “Not a firearm” also doesn’t mean “unregulated.” Colorado’s general criminal statutes still apply to how you use any device capable of causing harm.
How to Find Your Actual Local Rule
Most Colorado cities and counties publish their municipal codes online. Search terms like “discharge,” “air gun,” “BB gun,” “pellet,” or “projectile” will usually surface the relevant section. If nothing comes up, call the non-emergency line for your local police department and ask directly. Code enforcement officers field these questions regularly.
Then check your homeowners association. Even where city law allows backyard air gun use, your HOA’s covenants may prohibit it. HOA violations aren’t criminal, but they can produce fines and civil disputes with the association. Read your CC&Rs before assuming the municipal code is the only hurdle.
Common Local Restrictions
Colorado municipalities that regulate air guns tend to use a handful of approaches:
- A complete ban on discharging any air gun, BB gun, or pellet gun within city limits, including on private property.
- A minimum distance between your shooting area and any occupied structure, sidewalk, or public road.
- A prohibition on sending any projectile beyond your property line, even where backyard shooting is otherwise allowed.
- A requirement that you use a backstop capable of stopping projectiles before they can leave your lot.
Unincorporated county areas generally impose fewer restrictions. That doesn’t exempt you from the general duty not to endanger people or damage property. A pellet that breaks a neighbor’s window or injures someone creates the same legal exposure whether you’re rural or in town.
What It Costs You If Something Goes Wrong
Local Ordinance Fines
Violating a municipal air gun ordinance is typically treated as a code violation carrying a fine. First-offense fines generally start around $100 and climb from there for repeat violations, depending on the city’s penalty schedule.
State Criminal Charges
The exposure jumps the moment your use of a pellet gun endangers someone or damages property, because state criminal law applies regardless of your local ordinance.
Reckless endangerment under CRS 18-3-208 covers conduct that creates a real risk of serious bodily injury to another person. Shooting a pellet gun without a proper backstop in a neighborhood where a stray pellet could strike someone fits that description. It’s a class 2 misdemeanor, punishable by up to 120 days in jail, a fine of up to $750, or both.3Justia Law. Colorado Code Title 18 Article 3 Part 2 Section 18-3-208 – Reckless Endangerment4Justia Law. Colorado Code Title 18 Article 1.3 Part 5 Section 18-1.3-501 – Misdemeanor Penalties
Criminal mischief under CRS 18-4-501 applies when you knowingly damage another person’s property. A pellet that breaks a window, dents a car, or damages a fence can trigger this charge. The severity tracks the dollar value of the damage: less than $300 is a petty offense, and $300 or more becomes a class 2 misdemeanor carrying the same 120-day jail and $750 fine exposure.5Justia Law. Colorado Code Title 18 Article 4 Part 5 Section 18-4-501 – Criminal Mischief
Menacing under CRS 18-3-206 can apply if you point or brandish a pellet gun in a way that puts someone in fear of serious bodily injury. The baseline offense is a class 1 misdemeanor. Menacing with an actual firearm escalates to a class 5 felony. Pellet guns aren’t firearms, so the misdemeanor version typically applies, but if a pellet gun is treated as a simulated firearm in a threatening situation, the felony charge becomes a real possibility.6Justia Law. Colorado Code Title 18 Article 3 Part 2 Section 18-3-206 – Menacing
Civil Liability and Homeowners Insurance
A pellet that injures someone or damages their property also opens you up to a civil lawsuit. The injured party can sue for medical costs, lost income, and pain and suffering. A relatively minor injury to a neighbor’s child can produce a five-figure claim once emergency room bills and legal fees are added.
Whether your homeowners insurance covers that claim depends on the facts. A standard HO-3 policy includes personal liability coverage and doesn’t specifically exclude air guns, but coverage only extends to accidents. If a court finds you acted intentionally or recklessly, the “expected or intended injury” exclusion in most policies will deny coverage. No insurer covers liability arising from illegal activity either, so if you were violating a local discharge ordinance when the incident happened, that gives your insurer another reason to deny the claim. Don’t count on insurance to absorb the cost of a sloppy backyard setup.
Shooting at Pests and Birds
Pest control is one of the most common reasons people want to shoot in the backyard, and it adds a federal layer most people don’t think about. The Migratory Bird Treaty Act makes it illegal to kill, capture, or harm any protected migratory bird species by any means, including with a pellet gun. The protected list covers most songbirds, woodpeckers, and raptors you’d find in a Colorado yard. Violations carry fines up to $15,000 and up to six months in jail.7Office of the Law Revision Counsel. 16 USC Chapter 7 – Protection of Migratory Game and Insectivorous Birds Shooting at what you think is a starling and hitting a protected species is the kind of mistake that produces a federal misdemeanor.
For squirrels, rabbits, gophers, and other ground-dwelling pests, Colorado Parks and Wildlife rules may apply. Contact CPW or your local animal control office before using a pellet gun for pest management. They can tell you which species you can legally target on your property and whether a permit is required. Live trapping often avoids the legal question entirely.
Setting Up a Backyard Range That Keeps You Out of Trouble
Even where your jurisdiction imposes no specific safety rules, a responsible setup is what keeps the police, your neighbors, and your insurer off your back. The single most important element is a proper backstop.
A commercial metal pellet trap rated for your gun’s power is the simplest option. A homemade version works too: a sturdy cardboard box tightly packed with wadded newspaper, backed with a stack of magazines, will stop most pellets. For higher-powered guns, use denser material rather than fabric. Attach targets with tape, not thumbtacks, paper clips, or metal clamps, because hard objects cause ricochets.
Put a secondary backstop behind the primary one to catch anything that misses. Hay bales, a soft dirt bank, or a large sheet of loose-hanging carpet all work. Loose material is safer than taut material, which tends to deflect pellets.
Wear impact-rated eye protection every time you shoot. Orient your shooting lane away from neighboring properties, walkways, and any area where someone could unexpectedly appear. Shoot during daylight hours. Give your immediate neighbors a heads-up before you start. A short conversation often prevents a noise complaint, and more importantly, prevents the call to police that comes when someone sees what looks like a rifle in a backyard.