Can You Shoot an Airsoft Gun in Your Backyard

Posted on February 18, 2022

A BB Gun next to some BBs as well as a small paper target.

Although BB guns operate differently from firearms, they are still considered "mortiferous weapons." Therefore, Nevada state law forbids their use or possession in many circumstances.

(Note that Nevada counties and cities have their own specific laws regulating the use of guns, including BB guns. So exist sure to cheque local county and municipal codes as well equally the state laws discussed below).

1. What is the constabulary regarding BB guns on school property?

NRS 202.265 is the Nevada statute that forbids people from carrying or possessing pneumatic guns (which includes many BB guns) while on the property of either:

the Nevada System of College Educational activity,
a individual school,
a public school,
a child care facility, or
in a vehicle of a individual or public schoolhouse or kid care facility.ⁱ

Regarding child intendance facilities located in a home, this prohibition only applies during operating hours. And the owner of the home may still possess a gun as long every bit he/she is otherwise following Nevada and federal gun laws.

Having a pneumatic gun on schoolhouse property is a gross misdemeanor in Nevada, punishable past:

upward to 364 days in jail, and/or
up to $2,000 in fines.²

Are BB guns legal in Nevada? (by Las Vegas criminal defense attorneys)

ii. Is it illegal to aim a BB gun at a person per NRS 202.290?

Yeah. Nevada police force, NRS 202.290, forbids aiming "any gun" at a person.³Presumably, "any gun" includes BB guns.

Notation that it makes no deviation whether or non the gun is loaded. Nor does it thing if the person being aimed at is unaware that he/she is beingness aimed at.

Aiming any gun at a person is a gross misdemeanor in Nevada, punishable by:

up to 364 days in jail, and/or
upward to $two,000 in fines.⁴

iii. What most discharging a BB gun?

Per NRS 202.290, Nevada law forbids discharging whatsoever "air gun" in whatsoever place where a person might be endangered.⁵BB guns are a type of "air gun."

Note that this law applies no matter if the location where a gun is discharged is public or individual.

Endangering a person by discharging an air gun is a gross misdemeanor in Nevada, punishable by:

up to 364 days in jail, and/or
up to $2,000 in fines.⁶

four. Does Nevada police prohibit carrying a concealed BB gun?

Yes. NRS 202.350 is the Nevada police forbidding people from carrying concealed pneumatic guns (including many BB guns) without a electric current and valid CCW let.⁷

Carrying a concealed pneumatic gun without a current and valid CCW permit is a category C felony. The penalty is punishable by:

ane to v years in Nevada Land Prison, and
mayhap up to $10,000 in fines.⁸

Merely forgetting to bear a CCW permit is only a civil infraction, carrying a $25 fine.

5. What virtually drawing a mortiferous weapon in a rude, angry, or threatening fashion per NRS 202.320?

Nevada law, NRS 202.320, appears to categorize BB guns equally "dangerous or mortiferous weapons."

Therefore, information technology is a misdemeanor for people to depict or exhibit a BB gun in a rude, angry, or threatening fashion in the presence of two or more people.^ix

A violation of this statute is punishable by:

up to six months in jail, and/or
upward to $one,000 in fines.¹⁰

Note that drawing a deadly weapon is not a crime if done in lawful self-defence.

half dozen. Are there enhanced penalties for using a BB gun in committing a crime?

Probably. Nevada law appears to categorize a BB gun as a "dangerous or deadly weapon."

Therefore, under NRS 193.165, people who use BB guns while committing a crime, such as a robbery or a break-in, confront an enhanced penalty of ane to xx years. However, this enhancement may exist no longer than the judgement for the underlying criminal offence.¹¹

When determining the length of this sentence enhancement, the courtroom considers the following factors:

the facts and circumstances of the crime,
the criminal history of the person,
the impact of the crime on whatever victim,
any mitigating factors presented past the person, and
any other relevant information.¹²

7. What is the difference between BB guns and firearms?

Whereas firearms (powder guns) rely on combustion or explosions to fire bullets, BB guns shoot ball bearings through either:

a jump-piston,
pre-compressed gas (no pumping is necessary), or
pneumatic pumps (where the person manually pumps the gun to compress the air).

BB guns are therefore a kind of "air gun" designed to shoot "Bbs," which are metallic ball-shaped projectiles about 4.3mm in size.

Bbs are normally available in lead, zinc, or copper.

Note that BB guns are not pellet guns, which are meant to shoot projectiles that are not ball-shaped.

Nor are BB guns airsoft guns, which are meant to shoot balls that are larger than BBs and made out of plastic.

Legal References:

About the Author

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Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law Schoolhouse (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morn America, Dr Phil, Court TV, The Today Show and Court Tv set. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Height 100 Civil Attorneys.