Your Guide To Washington State BB Gun Laws

An Introduction To Washington State BB Gun Laws

Understanding BB Gun Laws in Washington State: A Comprehensive Guide
A BB gun is a, often air-powered, toy rifle designed to fire steel or copper BBs, small metal balls. At first glance, the BB guns of today seem fairly harmless, like a toy gun, and hence many people rarely check into the laws surrounding ownership and usage of a BB gun in their local area . However, while not usually covered under most firearm laws, owning and firing a BB gun in Washington State can pose a threat of legal trouble to those unaware of BB gun and firearm laws in Washington State and King County.

Are BB Guns Legal In Washington?

Section 6: Understanding the General Legal Status of BB Guns in Washington State
BB guns are not considered firearms in the purest sense. But the legal status of BB guns in Washington State is still significant, especially when it comes to the possession and use of these tools for recreational activities.
Broadly speaking, BB guns are guns that fire small spherical projectiles to allow for easy use by shooters of all ages and skill levels. Most municipalities across the state have essentially the same definition of a BB gun as that found in Washington’s criminal code (RCW 9.41.010):
"Ballistic knife" means any instrument or device that is powered by a spring or other mechanism and can propel a metal or nonmetallic projectile that is four and one-half millimeters (.177 caliber) in diameter, weighing not more than 7.5 grains, and that is designed so that the projectile can be expelled from the device by means other than the action of the device itself.
Virtually no municipalities across the state impose any regulations on possession and use of BB or pellet guns, and those that do typically limit regulations only to restrictions around public spaces (for instance, not discharging within certain distances of schools, houses of worship, etc.).
It’s also important to note that pistols and rifles that use compressed air to propel BB and pellet ammunition are not mentioned in Washington’s definitions of pistols or rifles, and are therefore exempt from laws governing the procurement, use and carrying of firearms throughout the state.

BB Guns And The Minimum Age

Persons under the age of 18 are prohibited from purchasing a BB gun in Washington State. Although there is no specific age that a child can possess a BB gun, the law requires that parents supervise minors whenever a BB gun is stored or possessed. In fact, Washington State law requires that if a parent or guardian owns or possesses a BB gun, they have an affirmative obligation to keep the BB gun secured from unauthorized use by children. Essentially, the law is requiring parents to take affirmative steps to protect their children from the dangers associated with BB guns. This means parents should always closely supervise where and when they give their children access to BB guns. For example, if your BB gun is always kept in a certain location, you may want to lock it up or keep it out of the reach of your child. It is also important to remember that, even if you have taken reasonable steps to secure your BB gun, your child could still lose access to the gun during play time with friends. Parents should monitor their children any time their friends come over. They should also talk to their children about the dangers of BB guns around other people. Primarily, parents should talk to their children about the risk of injuring others with a BB gun during play and what to do when a person is injured by a BB gun. Making sure your children understand the risks associated with BB guns can help everyone involved. It can provide a teachable moment for your child and prevent them from becoming a victim or perpetrator of a crime.

Summary Of Carrying And Usage Restrictions

In Washington State, just as with any other projectile weapon, there are specific rules about where and how you can use and carry a BB gun. For the most part, they are similar to the laws concerning air pistols, air guns, paintball guns, and other pneumatic weapons. What you need to understand is that these laws are in place to protect you, as well as bystanders from injury.
For the most part, laws governing the use of BB guns in Washington state fall under RCW 9.41.050(3). The relevant sections state that "It shall be unlawful for any person to willfully or maliciously discharges or fires, or runs, walks, or otherwise carries any loaded pistol, pistol, air gun, or any other device capable of causing injury to person or property, at or upon the residence or building of another, or at or upon any public or private highway, road, street, lane, alley, or other place of assembly, or at or upon any barn, boat, motor vehicle, or other motor vehicle." What does that mean? It means that discharging a BB gun in a residential area, at a commercial establishment, at a public or residential building, on a public space like a road, or at a boat, car, or truck is illegal. Although BB Guns are not legal firearms, some of these laws are similar to those in place concerning guns.
However, because BB guns are not real firearms, that means that simply carrying one in public is legal. For all the differences people talk about between BB guns and firearms, this is one of the most significant. Although police and other officials would likely prefer people to have their BB Guns nicely tucked away or out of sight, it is not illegal to have them, in some cases, readily accessible. Just remember, although you can have one handy, if you draw it, you better be prepared to use it.
Another important note for the legality of using your BB gun is that even though you may carry it, you will NEVER be able to shoot it within city limits. This of course means you need to be cognizant of where you are, and always use common sense. Most shooting ranges will take pneumatic weapons, like BB guns, but unless clearly stated, a shooting range is the only place in Washington where you can legally discharge your BB gun. Going to a shooting range is certainly the safest option, as they are built with this in mind, and you run no risk of causing damage to the property or safety of others.

BB Guns On School Grounds

The danger posed by BB guns in schools is recognized by Washington’s Legislature and courts. For instance, RCW 9.41.280(1) provides: It is an offense for any person to knowingly: … (b) Manufacture, import, sell at wholesale or retail, purchase, own, buy, borrow, receive as a gift, or possess on his or her person, in or upon any public or private elementary or secondary school premises, school-property, or areas of egress or ingress, inclining parking lots, surrounding school buildings or on a school bus, an air gun, CO2 gun, paint ball gun, or other gun that shoots a projectile, including but not limited to, a BB gun, pellet gun, blowgun, slingshot, or paint ball gun, where the projectile is capable of inflicting injury upon a person or property. Thus, no person, including students, who knowingly possesses a BB gun or pellet gun in a public or private primary or secondary school or "on the school grounds" commits an offense. State v. Hinkle, 38 P.3d 394, 398 (Wash. Ct. App. 2001); see also Wash. Admin. Code 392-400-200 (no student may carry or possess a firearm on school grounds) . However, strictly speaking RCW 9.41.280(1)(b) does not prohibit a student from possessing a BB gun during the school day on neighboring school property, for instance immediately on the sidewalk outside the school building or on a public sidewalk. Accordingly, the Washington Court of Appeals has held that RCW 9.41.280 prohibits students from bringing pellet guns to school-property. In re D.M., 64 P.3d 64, 65 (Wash. Ct. App. 2003); State v. Hinkle, 38 P.3d 394, 398 (Wash. Ct. App. 2001). An offense is a gross misdemeanor under RCW 9.41.280(1)(b)(ii). Thus, a school district official who finds a student with a BB gun in his or her possession should contact local law enforcement. See In re D.M., 64 P.3d at 65 (holding police may detain a student for police questioning in an appropriate place when the student is reasonably suspected of violating a law). If the student possessed the BB gun on school grounds, it would be appropriate for the school to punish the student under the district’s disciplinary policies.

Penalties For Breaking BB Gun Laws

If you or your child is caught violating Washington State BB Gun laws, you may be charged with a misdemeanor offense. If convicted you could face up to 90 days in jail and/or a $1,000 fine per violation. If you are under 18, your parent or guardian may be held liable for the fine or must perform community service. In addition, if your BB gun uses projectiles similar to a pellet, or is not colored bright orange, it could be confiscated by law enforcement. Therefore, the capacity to shoot projectiles at speeds of up to 600 feet per second is not considered because they are not only legal but can even be fun to have for target shooting or pest control on your property. Similar to other states, nor is it illegal to own, buy or sell a BB gun in Washington State, as they cannot be regulated under the same laws as firearms. However, if you violate specific BB gun laws in Washington, you will be subject to prosecution under the applicable RCW statutes.

Washington Safety Tips For BB Gun Owners

Ensuring safe and responsible use of your BB gun is critical, both to avoid injury or damage to yourself or others and to remain on the right side of the law. Here are some recommended safety practices for Washington state BB gun owners.

• Always Treat Your BB Gun as if it Were Loaded. Assume that your BB gun is always loaded, even when you know it to be empty. Doing so will help you to remember to act responsibly and follow all of the other BB gun rules and guidelines.
• Always Use Eye Protection. Even though BB guns are not considered firearms, it’s still a good idea to wear eye protection anytime you plan to use your BB gun. You should also encourage the people that will be present during your shooting session to wear eye protection, as well.
• Use Your BB Gun Responsibly. If you want to keep your BB gun while you live in a Washington apartment or condo, use it inside your unit. You cannot shoot your BB gun in your yard or outside.
• Be Aware of Surroundings. BB gun owners must always be aware of their surrounding areas and others that are present during their shooting activities. A lapse in situational awareness could cause you to accidentally harm someone with your BB gun.
• Only Use Your BB Gun in Designated Places. Failure to shoot your BB gun only in places where it is legal to do so could lead to fines or charges of illegal use of a BB gun. For instance, you cannot shoot your BB gun in public parks, on city streets, in forests, on school property, or in your backyard, even if your backyard is fenced in. Essentially, you can’t shoot your BB gun anywhere that is not your personal property.
• Ensure You’re Legally Able to Own a BB Gun. A person with a suspended or revoked license cannot legally have a BB gun unless there is no way that they can use it for shooting. For instance, if you have a revoked license and you own a BB gun and a blow-up BB gun range for indoors, you may be able to keep your BB gun. But if you don’t have a place to keep the BB gun that would prevent you from using it, your BB gun could be considered a firearm and could get you into trouble.
• Store Your BB Gun Properly. When you are not using your BB gun, it’s vital to store it properly. Doing so will protect yourself from potential injury, your family and pets, and anyone else who may be tempted to pick up the BB gun and use it irresponsibly. When you’re ready to put your BB gun away, remove the magazine and make sure that it’s unloaded. After you have ensured that it is unloaded, use a lockable container to store the BB gun.

Washington Laws Compared To Other States

In the context of modern gun control laws, BB guns are unique in that they are different from the more popular firearm-related weapons. Most significantly, they contain very few mechanical components, but the components they do have are potentially lethal. It is this difference that has forced most states to define BB gun laws separately from other firearms.
For example, Oregon’s laws (ORS 166.260) for the most part parallels Washington’s, except for the use of BB guns. In Oregon, a person may not knowingly discharge a pellet gun, air gun or blowgun in a manner that has the potential of causing injury, and it is a Class A misdemeanor.
Oregon, like Washington, has a preemption law (ORS 166.170) regarding firearms, which means that local counties or municipalities cannot enact laws in opposition to state laws when it comes to firearms. In Oregon, however, BB guns are exempt from preemption laws – a local government may enact more strict laws than what exist at the state level. Similar to Washington, in Oregon an air gun or BB gun may not be used in a public place if the projectile is capable of going beyond the property of the user.
In neighboring Idaho (Idaho Code 18-3309), individuals are prohibited from firing a BB gun within a city or county limit. The law does allow an exception for educational purposes or for competition on certified ranges. Ohio code (Signature 9-13-3) prohibits discharging a BB gun "within the corporate limits of a municipal corporation," and may result in a petty case . In other words, a violation of Ohio’s law for the discharge of a BB gun is comparable to that of Ohio’s dog prohibitions. This is in stark contrast to Washington’s law, which prohibits the discharge of a BB gun within a public place only if the BB remains in public view and could strike or ricochet onto land owned by another person.
California law also prohibits discharging a BB gun in designated areas and along highway rights-of-way, but it does not include prohibitions for minors possessing BB guns in certain areas. Texas’ laws are similar to those in Washington, but the shooting of a BB gun to kill a nuisance animal is legal. Unlike Washington, there is no prohibition for the discharge of a BB gun within the sight of a cemetery.
New Mexico’s law is designed specifically for BB guns. Specifically, New Mexico law (NMSA 30-7-16) addresses shooting-of-concealed weapons. The law prohibits shooting a concealed weapon into a dwelling, building or yard, or across a fence towards a person that could cause injury. The law also prohibits shooting a concealed weapon across a road or highway, and shooting a concealed weapon that could strike or ricochet onto land owned by another person, or for learning purposes. Under New Mexico law, a concealed weapon includes any firearm, whether licensable or not, and "a ballistic knife, or other gun, pistol, rifle, shotgun, or any BB or pellet-firing device."