Air guns are legal to own in most of New York if you’re at least 16 years old, but New York City bans possession of air pistols and air rifles outright, and several other rules limit where you can carry, use, or hunt with one. Whether you can legally have an air gun in New York depends first on which side of the city line you’re on, and then on your age, the location, and what you plan to do with it.
The New York City Ban
New York City is the biggest exception to the general rule. Administrative Code Section 10-131 makes it unlawful for anyone to sell, offer to sell, or possess any air pistol, air rifle, or similar spring- or air-powered instrument within city limits. The only sales exception is delivery to a point outside the city.1American Legal Publishing. New York City Administrative Code 10-131 – Firearms
If you live in any of the five boroughs, possessing even a basic BB gun without proper authorization can trigger criminal charges. Penalties include fines and potential jail time. Anyone moving to the city with an air gun collection needs to store those items outside city limits or face prosecution. The prohibition applies regardless of criminal history and regardless of what would be legal one town over.
Age Requirement
Statewide, no one under 16 may possess an air gun. Penal Law 265.05 makes it unlawful for a person under 16 to possess any air gun, spring gun, or similar weapon propelled by spring or air pressure. A minor who violates the law is handled as a juvenile delinquent in family court rather than charged criminally.2New York State Senate. New York Penal Law 265.05 – Unlawful Possession of Weapons by Persons Under Sixteen The statute carves out one exception: a minor with a valid hunting license who possesses a rifle or shotgun in compliance with the Environmental Conservation Law.
Retailers also cannot sell air guns to buyers under 16 and must verify age at the point of sale. Giving an air gun to a child under 16, even on private property, exposes that child to legal consequences.
Schools, Colleges, and Federal Buildings
Bringing an air gun onto school property is its own offense. Under Penal Law 265.06, anyone 16 or older who knowingly possesses an air gun, spring gun, or CO2-powered weapon on the buildings or grounds of a school, college, or university commits a violation unless they have written authorization from the institution.3New York State Senate. New York Penal Law 265.06 – Unlawful Possession of a Weapon Upon School Grounds The authorization exception is designed for supervised programs such as ROTC marksmanship or collegiate shooting teams, not for a student who happens to own an air rifle.
SUNY campuses add another layer. The Board of Trustees prohibits possessing air guns on any state-operated campus without written authorization from the campus president, and even authorized possession requires immediate supervision by a qualified, university-approved instructor as part of a specifically authorized program.4State University of New York. Firearms on State-operated Campuses – SUNY Keeping an air gun in a dorm without going through that process violates policy no matter what state law allows.
Federal buildings are also off limits. Under 18 U.S.C. § 930, possessing a “dangerous weapon” in a federal facility is punishable by up to one year in prison, and the statute’s broad definition can reach a high-powered air gun depending on the circumstances.5Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
Hunting With an Air Gun
New York allows hunting with air guns, but the Department of Environmental Conservation sets minimum performance specs. To qualify as a legal hunting implement, an air gun must fire a single projectile of at least .17 caliber at a muzzle velocity of at least 600 feet per second. Smoothbore and rifled barrels are both permitted.6New York State Department of Environmental Conservation. Hunting and Trapping 2025-2026 Official Guide to Laws and Regulations A standard low-powered BB gun does not meet the threshold.
Hunters using air guns need a valid New York hunting license and must follow all season dates, bag limits, and safety rules that apply to conventional firearm hunters. The DEC has been considering expanded big bore air rifle regulations for big game, so check the DEC website for current rules before heading out.
Traveling With and Shipping Air Guns
Because air guns are not federal firearms, the “safe passage” protection in 18 U.S.C. § 926A does not cover them.7Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms The practical result is that you have less legal protection driving through New York City with an air rifle than with an actual pistol. If your route takes you through the five boroughs, you could be charged under the city code even when the air gun is legal at both your origin and destination. Route around the city or ship the gun separately.
Flying is simpler. The TSA allows compressed air guns in checked baggage as long as the compressed air cylinder is detached; they cannot go in carry-on.8Transportation Security Administration. Compressed Air Guns
The Postal Service permits mailing air guns that fall outside the federal firearm definition, with conditions. Any air gun capable of being concealed on a person, and any air gun with a muzzle velocity of 400 feet per second or more, must be shipped with Adult Signature service. Mailers also must comply with state and local law, which means you cannot legally mail an air gun to a New York City address for personal possession.9Postal Explorer. Publication 52 – Hazardous, Restricted, and Perishable Mail
Realistic-Looking Air Guns in Public
Air guns are exempt from the federal blaze orange marking rule for toy and imitation firearms. The statute at 15 U.S.C. § 5001 explicitly excludes “traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.”10Office of the Law Revision Counsel. 15 U.S. Code 5001 – Penalties for Entering Into Commerce of Imitation Firearms
That has a real-world consequence. An air gun can look identical to a real firearm, and officers responding to a report of a person with a gun have no way to tell the difference at a distance. Carrying a realistic-looking air gun in public creates a dangerous encounter regardless of the underlying legality.
Penalties at a Glance
- Possession by a person under 16: juvenile delinquency adjudication under Penal Law 265.05, handled in family court.2New York State Senate. New York Penal Law 265.05 – Unlawful Possession of Weapons by Persons Under Sixteen
- Possession on school grounds: a violation under Penal Law 265.06 carrying up to 15 days in jail.3New York State Senate. New York Penal Law 265.06 – Unlawful Possession of a Weapon Upon School Grounds
- Possession or sale in New York City: fines and imprisonment under Administrative Code 10-131, with severity depending on the circumstances and prior record.1American Legal Publishing. New York City Administrative Code 10-131 – Firearms
- Possession in a federal facility: up to one year in federal prison and fines under 18 U.S.C. § 930 if the air gun qualifies as a dangerous weapon.5Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
- Local discharge violations: penalties vary by municipality, commonly ranging from fines to misdemeanor charges.
Shooting on Your Own Property
Outside New York City, whether you can legally fire an air gun where you live depends on your municipality. Many towns and villages prohibit discharging any projectile weapon within their boundaries, with exceptions for approved ranges and sometimes for private property that meets setback requirements. Some rural areas have no discharge restrictions at all.
Owning the air gun legally and owning the property do not automatically mean you can shoot on that property. Before setting up targets, call your town clerk’s office and ask about the local code for your address.