Shooting a squirrel with a pellet gun in Florida is legal under state wildlife law, but whether it is legal in your yard almost always comes down to your city or county ordinance. The Florida Fish and Wildlife Conservation Commission lists air guns as an approved method for taking gray squirrels year-round on private land, and pellet guns are not classified as firearms under state law. The catch is that Florida’s firearms preemption statute does not cover air guns, so local governments are free to ban pellet gun discharge in residential areas, and many have.1Online Sunshine. Florida Statutes 790 – Section 790.0012Online Sunshine. Florida Statutes 790 – Section 790.33
What State Wildlife Law Allows
The FWC classifies gray squirrels as small game with no closed season on private land. Legal methods of take include rifles, shotguns, pistols, muzzleloaders, air guns, crossbows, and bows. You can take up to 12 gray squirrels per day and possess no more than 24 at a time.3Florida Fish and Wildlife Conservation Commission. Season Dates and Species
Recreational hunting requires a Florida hunting license, which runs $17 per year for residents. Hunting on a wildlife management area also requires a management area permit at $26.50 annually.4Florida Fish and Wildlife Conservation Commission. Recreational Hunting Licenses and Permits Anyone born on or after June 1, 1975, must complete a hunter safety course before buying a license. A mentoring deferral lets people 16 and older hunt under the direct supervision of a licensed adult 21 or older who has met the safety requirement.5Florida Fish and Wildlife Conservation Commission. Hunter Safety Requirement
Fox Squirrels Are Not Game
Florida’s southern fox squirrel is not a game species and cannot be legally hunted. It was removed from the state’s threatened and endangered list in 2018, but conservation measures under Rule 68A-29.002 still apply.6Florida Fish and Wildlife Conservation Commission. Southern Fox Squirrel Fox squirrels are two to three times the size of gray squirrels and have orange or tan belly fur. If you cannot tell which species is in your yard, do not shoot.
Why Local Ordinances Usually Decide
Florida Statute 790.001 defines a firearm as a weapon that expels a projectile “by the action of an explosive.” Pellet guns and air rifles use compressed air or gas, so they sit outside that definition. That has two consequences for you as a shooter.
The state residential discharge law, Section 790.15, makes it a first-degree misdemeanor to recreationally discharge a firearm in areas with one or more homes per acre. Because pellet guns are not firearms, that statute does not directly apply.7Florida Senate. Florida Code 790 – Section 790.15 But Florida’s firearms preemption law in Section 790.33, which blocks local governments from regulating firearms more strictly than the state does, also does not cover air guns. Cities and counties can and do set their own rules for pellet guns, and those local rules control.
The FWC itself flags this, noting that discharge of a firearm may be prohibited in some cities and residential areas and telling people to check with local law enforcement.8Florida Fish and Wildlife Conservation Commission. FAQs – Nuisance Wildlife
Before you take a shot, pull up your city and county code online or call code enforcement. Search for “air gun,” “pneumatic weapon,” “BB gun,” and “projectile” in addition to “firearm,” because local codes often use broader language than the state statute. Violations are typically misdemeanors, and fines vary widely by jurisdiction. If your ordinance prohibits discharging a pellet gun in a residential zone, it does not matter what state wildlife law says. You cannot shoot there.
The Nuisance Wildlife Route
If a squirrel is causing property damage, threatening safety, or making a disturbance inside or under a building, Florida Administrative Code Rule 68A-9.010 lets you take it on your own property without a hunting license, a permit, or any bag limit.9Cornell Law Institute. Florida Administrative Code 68A-9.010 – Taking Nuisance Wildlife Squirrels chewing wiring, nesting in your attic, or wrecking a garden all qualify.
You can use any method that isn’t specifically prohibited. Prohibited methods under the rule include:
- Guns with artificial light sources (spotlighting).
- Steel traps without a separate FWC permit.
- Live traps or snares that go unchecked for more than 24 hours.
- Poison, except pesticides registered with the Florida Department of Agriculture and used per the label.
- Any method that would violate Florida’s animal cruelty statute, Section 828.12.
Pellet guns are not on the prohibited list, and the FWC recommends daylight use only. What the nuisance exception does not do is override local ordinances. If your city bans air gun discharge, you’ll need live traps or a licensed wildlife control operator instead.
Use Enough Gun to Kill Cleanly
Florida’s animal cruelty statute applies to “any animal,” not only pets and livestock.10Online Sunshine. Florida Statutes 828 – Section 828.12 Wounding a squirrel with an underpowered gun or using a method that causes prolonged suffering can land you in front of a judge on cruelty charges. Basic animal cruelty is a first-degree misdemeanor with fines up to $5,000. Aggravated cruelty, covering cruel death or repeated unnecessary suffering, is a third-degree felony with fines up to $10,000.
Practically, a low-powered spring-piston .177 pushing pellets at 500 feet per second is a plinker, not a squirrel gun. A .22 caliber air rifle sending a 14- to 16-grain pellet at 650 to 800 feet per second is generally effective for gray squirrels at close range. Head shots at short distances are the standard for a quick, humane kill. If you cannot place that shot, trap instead.
Safety and Civil Liability
Even where discharge is legal, you own every pellet that leaves your barrel. A .22 pellet at 800 feet per second can carry several hundred yards and still injure at 100. If a pellet crosses your property line and hits a neighbor, a window, or a car, you face civil liability regardless of whether you broke a criminal law.
Set up a real backstop. Earth or sand berms absorb pellets safely. Brick and concrete flatten them on impact. Wood tends to ricochet. Shoot at a downward angle when you can, and never take a shot where a miss could leave your property. If you can’t build a safe lane with a reliable backstop, you shouldn’t be shooting.
Homeowners insurance may cover accidental damage or injury from a negligent discharge, but intentional acts are excluded across the board. If your insurer decides you acted intentionally or recklessly, you can be personally liable for the whole judgment.
Minors and Air Guns
Florida Statute 790.22 restricts BB gun and air gun use by children under 16, who may use one only under adult supervision. Allowing an unsupervised minor to discharge a pellet gun can bring penalties for the supervising adult. If a teenager in your household will be helping with a squirrel problem, confirm they meet the age and supervision rules before handing over the gun.
Penalties If You Get It Wrong
You can break more than one law with a single shot. Hunting a game species without a license is a Level One violation under Section 379.401. A first offense is a noncriminal infraction with a $50 civil penalty plus the cost of the license, and a county court judge can impose up to $500 for repeats. Hunting a species during a closed season is a Level Two violation; a first-time offense with no prior conviction within three years is a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine. Killing a species designated as endangered, threatened, or of special concern is a Level Four violation and a third-degree felony, up to five years in prison and a $5,000 fine.11Florida Senate. Florida Statutes 379.401 – Penalties and Violations
Local ordinance violations are typically misdemeanors, though classification and fine amounts depend entirely on the jurisdiction, and repeat violations escalate.
Animal cruelty convictions carry their own consequences. Basic cruelty is a first-degree misdemeanor with up to a year in jail and $5,000 in fines. Aggravated cruelty is a third-degree felony with up to five years in prison and $10,000 in fines. A conviction involving knowing and intentional torture triggers a mandatory $2,500 minimum fine and court-ordered psychological counseling, and the court can bar you from owning any animal for a period it sets.10Online Sunshine. Florida Statutes 828 – Section 828.12