Skip to content
AVAILABLE 24/7 | FREE CONSULTATION

- CALL NOW
- EMAIL:

AVAILABLE 24/7 | FREE CONSULTATION

- CALL NOW
- EMAIL:

Rocco Law Weapons Offenses

Last updated on February 25, 2025

# Are BB Guns Legal in New Jersey?

New Jersey’s stringent gun laws position it among the states with the most rigorous firearm regulations in the country. Gone are the days when owning a BB gun and shooting in the backyard was a common pastime. In New Jersey, pellet guns and BB guns are classified as firearms, subjecting them to the same legal restrictions as conventional firearms. To purchase a pellet or BB gun in New Jersey, it is mandatory to possess a Firearms Purchaser Identification Card as well as a Pistol Purchaser Permit. Their transportation is also subject to stringent laws that mirror regulations for transporting any firearm.

Furthermore, many municipalities in New Jersey have implemented local ordinances that either prohibit or severely restrict the discharge of firearms on any property within their jurisdictions. Using a pellet gun in your own backyard, which is considered a firearm in New Jersey, can lead to severe repercussions.
New Jersey’s strict approach to firearms possession leaves little room for leniency. However, if you are currently facing charges of gun possession, it is essential to consider hiring an experienced attorney for your legal defense. At Rocco Law Offices, LLC, experienced New Jersey gun crime lawyer can provide dedicated legal representation to individuals charged with firearm-related crimes in the state. Our team is ready to assist you in managing your case and addressing other concerns, such as those regarding the banned firearms list or the NJ National Instant Criminal Background Check System. To thoroughly discuss your charges and explore your available legal options, contact us today at .

## Top-Rated New Jersey Gun Crime Attorney Discusses NJ BB Gun Definitions and Laws

BB guns are a type of air gun designed to shoot projectiles called “BBs,” which are small, round metal pellets. BB gun is short for “ball bearing gun,” as the original BBs were similar in size and shape to ball bearings. These guns are typically powered by compressed air or carbon dioxide (CO2) and are known for being relatively affordable and easy to use. They are often used for recreation, air gun sports, and marksmanship training.

In 1914, Daisy Manufacturing Company introduced the Daisy Red Ryder, a lever-action, spring-powered BB gun, as a low-cost alternative to traditional firearms. Over time, BB guns have evolved into more sophisticated and powerful models, incorporating new materials such as plastic for more lightweight construction and gas-powered mechanisms for increased power and semi-automatic or fully automatic firing capabilities.

### Types and Characteristics

There are several types of BB guns based on the mechanism they use to propel the projectiles. Some of the most common types include:

- Spring-powered BB guns: These guns use a spring that is compressed when the gun is cocked. When the trigger is pulled, the spring releases, which propels the BB through the barrel. Spring-powered guns are often single-shot and require manual re-cocking after each shot.
- Gas-powered BB guns: These guns use compressed gas, usually CO2, to propel the BBs. The gas is stored in a cartridge or canister, and when the trigger is pulled, it releases a burst of gas that propels the BB. Gas-powered guns can be semi-automatic (requiring a trigger pull for each shot) or fully automatic (continuously firing as long as the trigger is held down).
- Pneumatic BB guns: These guns use compressed air to propel the BBs. They can be single-stroke (requiring the user to pump the gun once to compress the air) or multi-stroke (requiring multiple pumps to achieve the desired air pressure). Pneumatic guns are often more powerful and accurate than spring-powered guns but may require more effort to use.

BB guns typically have smoothbore barrels, which means that they do not have rifling (the spiral grooves inside a barrel that impart spin to a projectile to stabilize it in flight). As a result, BB guns are generally not as accurate as pellet guns or firearms with rifled barrels. However, they can still be very effective for short-range target shooting and recreational use.

NJ gun crime lawyer

### Main Uses of BB Guns

BB guns are primarily used for recreational purposes, such as backyard plinking, target practice, and air gun sports. They are ideal for beginners and younger shooters due to their low cost, ease of use, and relatively safe operation when used with proper safety precautions.

In addition to recreation, BB guns are used for marksmanship training by various organizations, such as the Boy Scouts of America and civilian marksmanship programs. They provide a cost-effective alternative to live-fire training, allowing individuals to develop their shooting skills without the expense and safety concerns associated with traditional firearms.

BB guns also have a role in pest control, particularly for small pests like rodents or squirrels. Because BB guns do not have the same power as traditional firearms, they are less likely to cause significant damage to property or non-target animals when used for this purpose.

While BB guns can be used for various purposes, it is essential to understand the limitations and safety considerations associated with their use. Users should always wear eye protection and follow proper gun safety procedures at all times, and BB guns should never be used to shoot at people or animals, as they can still cause injury, especially at close range.

## New Jersey Laws on Firearms

New Jersey has some of the strictest gun control policies in the United States. These policies aim to reduce gun-related crimes and accidents by regulating the sale, purchase, possession, and transportation of firearms. The state’s gun laws prohibit certain categories of individuals, such as convicted felons and those with certain mental health issues, from possessing firearms. New Jersey also requires background checks for all firearm purchases and enforces waiting periods for handgun purchases.

### Firearm Purchase and Possession Regulations

In New Jersey, anyone who wishes to purchase a firearm must obtain a Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun (PPH). These permits require the applicant to undergo a thorough background check, including a review of criminal records, mental health records, and domestic violence restraining orders. Applicants must also provide references and be fingerprinted.

The process of obtaining an FPIC or PPH may take several weeks to months and can be denied for various reasons, including a history of criminal activity, mental illness, or domestic violence. Once the permit is approved, individuals must present it to the licensed firearms dealer at the time of purchase.

Possession of a firearm in New Jersey is regulated and restricted as well. Certain individuals are prohibited from possessing firearms, including anyone convicted of a felony, domestic violence offenders, and those with certain mental health conditions.

### Firearm Transportation Regulations

The transportation of firearms in New Jersey is highly regulated. Firearms must be transported, unloaded, and secured in a locked case or locked in the trunk of a motor vehicle. Ammunition should be stored separately from the firearm. Additionally, individuals must abide by state laws pertaining to transporting firearms between specific locations, such as their residences, places of business, shooting ranges, or hunting areas.

New Jersey Laws on Firearms | Description
--- | ---
Firearm Purchase and Possession Regulations | New Jersey requires individuals who wish to purchase firearms to obtain a Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun (PPH). These permits involve a thorough background check, references, and fingerprinting. Certain individuals are prohibited from possessing firearms.
Firearm Transportation Regulations | The transportation of firearms in New Jersey is highly regulated. Firearms must be transported unloaded and secured in a locked case or locked in the trunk of a motor vehicle. Ammunition should be stored separately. State laws dictate the transportation of firearms between specific locations, such as residences, businesses, shooting ranges, or hunting areas.

## New Jersey Air Gun Laws

Air guns, which include BB guns, pellet guns, and paintball guns, are regulated under New Jersey’s firearms laws. This means that air guns are subject to the same purchase and possession restrictions as traditional firearms. Individuals who wish to purchase an air gun must obtain the appropriate permit and follow the same transportation rules.

### Differences Between BB Guns and Airsoft Guns

BB guns and airsoft guns are non-lethal air-powered weapons that are often used for recreational purposes. While both use compressed air to propel projectiles, BB guns typically shoot metal BBs or pellets, whereas airsoft guns shoot plastic pellets. Despite these differences, both BB guns and airsoft guns are classified as air guns under New Jersey law and are subjected to the same regulations as traditional firearms.

### Age Restrictions for BB Gun Ownership and Use

Under N.J.S.A. 2C:58-6.1, individuals under the age of 18 are generally prohibited from purchasing, possessing, or using firearms, including BB guns, with a few critical exceptions that allow for lawful use under supervised and controlled conditions.

The exceptions to these restrictions are as follows:

- Direct Supervision: A minor may possess or use a firearm if they are directly supervised by a parent, guardian, or another adult with a valid permit to carry a handgun or a firearms purchaser identification card. This supervision must be active, meaning the supervising adult must be physically present and closely monitoring the minor’s use of the firearm.
- Military Drills: Minors are permitted to use firearms during military drills if they are part of a legally recognized military organization. These activities must also be under competent supervision, with all safety protocols strictly observed.
- Shooting Ranges: Minors may use firearms for the purposes of competition, target practice, instruction, and training at a firing range that has been approved by the local municipality or the National Rifle Association. Such activities must again be under competent supervision.
- Hunting: If the minor is engaging in hunting during the designated hunting season, they may use a firearm provided they hold a valid hunting license and have successfully completed a hunter’s safety course carried out by a qualified instructor. They must also possess a certificate indicating successful completion of such a course.

If a minor is found in illegal possession of a BB gun, the consequences can be severe. The minor may face charges of juvenile delinquency for a fourth-degree offense. This classification puts the offense on par with other serious criminal acts, highlighting the gravity with which such cases are treated.

Parents and guardians in New Jersey should be aware of these legal stipulations and guide their minors accordingly. Misunderstanding the law can lead to significant legal consequences that could impact a minor’s future opportunities.

### Impact of Federal Laws on BB Gun Regulations

Federal laws do not classify BB guns as firearms, and as such, they do not impose the same restrictions on the sale, possession, and transportation of BB guns as New Jersey state laws. However, since state laws are more restrictive, New Jersey residents must adhere to the state’s regulations governing BB guns.

## Legal Consequences for BB Gun Violations in New Jersey

Following New Jersey restrictions on BB gun ownership is crucial to avoid legal complications. The state of New Jersey has specific laws and regulations regarding firearms, which also apply to BB guns. Failing to adhere to these restrictions can result in serious legal consequences.

### Possession

Unlawful possession of a BB gun in New Jersey can result in significant penalties, including fines, imprisonment, and the loss of firearm rights. Individuals who are found guilty of possessing a BB gun without the required permit may face up to a third-degree crime, which carries a prison term of 3 to 5 years and a fine of up to $15,000.

### Transportation

Improper transportation of a BB gun in New Jersey can result in criminal charges. If an individual is found to be transporting a BB gun unlawfully, they may be charged with unlawful transportation of a firearm, which can lead to severe penalties, including imprisonment and fines.

### Misuse or Public Display

The misuse of a BB gun or displaying it in public can lead to serious legal consequences in New Jersey. This includes brandishing the BB gun in a threatening manner, using it to commit a crime, or recklessly causing injury or property damage.

### Consequences for Involvement in Crimes

If a BB gun is used during the commission of a crime, it may result in increased penalties and criminal charges. In New Jersey, using a firearm while committing a crime can lead to additional prison time and fines.

## Getting the Help of an Experienced New Jersey Gun Crime Lawyer

An experienced New Jersey gun possession lawyer can provide invaluable assistance by understanding the aspects of the state’s strict firearm laws and applying this knowledge to your case. At Rocco Law Offices, LLC, our team of skilled attorneys can help build a robust defense strategy, potentially questioning the legality of searches, challenging witness credibility, or asserting a lack of knowledge about the firearm’s presence. If a plea deal is necessary, our attorneys can negotiate for reduced charges or lighter sentences. Should the case proceed to trial, we offer aggressive representation, helping ensure that your best interests and rights are protected.

If you are dealing with firearm-related charges in New Jersey, it is crucial to seek assistance from a knowledgeable gun crime lawyer. At Rocco Law Offices, LLC, our experienced New Jersey gun crime lawyers can help protect your rights and offer quality legal representation. Take action today by reaching out to us at to discuss your case.

Share with your friends on
Facebook
Twitter
LinkedIn
AUTHOR
RELATED POSTS
Rocco Law

Exigent Circumstances in New Jersey

Rocco Law

What is Probation?

Drug Crimes

Possession Of Controlled Substances v. Intent & Distribution In New Jersey Law

Call Now Button