Description of State Laws Regulating Non-powder Gun:
Although additional regulations exist, non-powder gun regulations can generally be broken down into the following categories:
Defining All Non-powder Guns as Firearms: New Jersey and Rhode Island take this approach, which generally ensures that all non-powder guns are kept out of the hands of children (absent direct adult supervision) and that people convicted of felonies and other individuals prohibited from possessing firearms are similarly barred from possessing non-powder guns.
Treating Certain Non-powder Guns as Firearms: Illinois and Michigan define high-power and/or large caliber non-powder guns as firearms. Illinois excludes from the definition of firearms non-powder guns of .18 caliber or less and non-powder guns with a muzzle velocity of less than 700 feet per second. Michigan excludes the following non-powder guns from the definition of firearms: smooth bore rifles or handguns designed and manufactured exclusively for propelling BBs, not exceeding .177 caliber by gas or air.
Defining Non-powder Guns as Dangerous Weapons: Connecticut, Delaware, and North Dakota list some or all non-powder guns as dangerous weapons. However, dangerous weapons laws tend to be much less comprehensive than laws regulating firearms. In Connecticut, it is unlawful to carry a dangerous weapon, although various exceptions exist for BB guns. It is also unlawful to transport a dangerous weapon in a vehicle without a permit. Delaware prohibits possession of dangerous weapons, which are defined to include certain large caliber BB or air guns. North Dakota applies enhanced penalties for the improper use or possession of dangerous weapons.
Regulating Non-powder Guns with Respect to Minors: Most states that regulate non-powder guns do so by prohibiting transfers to children or by prohibiting or limiting where the guns can be possessed or used, although the restrictions are often inapplicable with parental consent or adult supervision. Depending on the state, the term “child” is defined as being anywhere from under 18 years of age to under 12 years of age. A number of states also criminalize the use or possession of non-powder guns on or near school property, or provide that such use or possession shall be grounds for expulsion.
