No, BB guns are not legal in New York City. Under NYC Administrative Code § 10-131, it is unlawful for anyone to possess, sell, use, or carry an air pistol or air rifle anywhere in the five boroughs, and the ban applies even inside your own home.1New York Codes, Rules and Regulations. New York City Administrative Code(NEW) – 10-131 Firearms The only exceptions are for licensed sellers shipping out of the city and for use at authorized ranges. There is no permit a regular resident can apply for.
What the Ban Actually Covers
Section 10-131 reaches any instrument “in which the propelling force is a spring or air.”1New York Codes, Rules and Regulations. New York City Administrative Code(NEW) – 10-131 Firearms That takes in traditional BB guns, pellet guns, spring-piston air rifles, pump-action air guns, and most airsoft guns. The NYPD Patrol Guide also lists “CO2 hand/long gun” as covered, so carbon-dioxide devices fall under the same prohibition in practice.2NYCPD. Public Patrol Guide – Part 4
Muzzle velocity, caliber, and appearance don’t matter. A clear plastic spring airsoft pistol is treated the same as a .22 caliber break-barrel pellet rifle. If the projectile is pushed by a spring or compressed gas, it’s banned.
The prohibition is not limited to carrying one in public. Possession itself is illegal, including inside an apartment, garage, or backyard. Plinking targets in your basement, keeping a BB gun on a shelf as a collectible, or shooting cans on a rooftop are all violations. Someone who legally bought a pellet rifle upstate has broken the law the moment they carry it into any of the five boroughs.
The Two Narrow Exceptions
The statute carves out only two limited exemptions. A business holding an annual license from the NYPD Police Commissioner may sell air pistols or air rifles, but every sale must be delivered to a point outside the city; licensed sellers can also transfer inventory to other licensees within the city. Air guns may also be used at rifle or pistol ranges authorized by law, or in connection with an amusement licensed by the Department of Consumer Affairs.1New York Codes, Rules and Regulations. New York City Administrative Code(NEW) – 10-131 Firearms
Neither helps a regular resident. You cannot apply for a personal license to keep an air rifle at home.
Penalties
The base penalty under § 10-131 for a willful violation is a fine of up to $50, imprisonment of up to 30 days, or both.3NY eLaws. NYC Administrative Code Section 10-131 Firearms Widely circulated online summaries claim a $1,000 fine and up to a year in jail; the Administrative Code itself sets a much lower ceiling.
Charges can escalate quickly, though. New York Penal Law § 265.01 makes it a Class A misdemeanor to possess an “imitation pistol” with intent to use it unlawfully against another person.4New York State Senate. New York Penal Law 265.01 – Criminal Possession of a Weapon in the Fourth Degree5New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors and Violation6New York State Senate. New York Penal Law 80.05 – Fines for Misdemeanors and Violation If a realistic-looking BB gun turns up during a confrontation or any situation where prosecutors allege unlawful intent, the exposure jumps. Pointing an air gun at someone or brandishing it during a dispute can also draw assault or menacing charges under the Penal Law.
A conviction, even at the lower level, still creates a criminal record.
The Separate Imitation-Firearm Rule
A different provision of § 10-131 bans the sale or possession of any device that substantially resembles a real firearm unless the entire exterior surface is colored white, bright red, bright orange, or another conspicuous color, or the device is made of transparent or translucent materials.1New York Codes, Rules and Regulations. New York City Administrative Code(NEW) – 10-131 Firearms
An orange tip alone does not satisfy the NYC standard. The city requires the whole exterior to be brightly colored or see-through, and many products sold nationally with only a small orange tip fall short. A broken or non-functional BB gun that still looks realistic can trigger this violation on its own. A working, realistic-looking BB gun can expose you to both the air-gun ban and the imitation-firearm prohibition at the same time.
Outside NYC, and Passing Through
New York State treats air guns very differently outside the five boroughs. Adults can generally possess and use BB guns, pellet guns, and air rifles in most parts of the state without a special permit. The main statewide restriction targets minors: under New York Penal Law § 265.05, anyone under 16 cannot possess a BB gun, pellet gun, or paintball gun. NYC layers a much broader prohibition on top of that baseline.
Driving through the city on an interstate trip is not a workaround. The federal Firearms Owners’ Protection Act includes a safe-passage provision, but it applies only to “firearms” as defined by federal law, and air guns and BB guns are not firearms under the federal statute because they do not use an explosive charge.7Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms FOPA does not cover them. Anyone within city limits with an air rifle in the trunk is technically in violation of § 10-131 the whole time. New York’s DEC has noted that NYC requires all guns to be unloaded, cased, and out of sight during transport, using the broad term “all guns.”8NY.Gov. FAQs Regarding Recent Changes to New York State Firearms Laws Anyone who must pass through the city should keep the device unloaded, locked in a hard case, and stored in the trunk.
How to Get Rid of One Legally
If a BB gun or air rifle is already in your home, the cleanest way out is a gun buyback event. The NYPD and local district attorneys periodically host no-questions-asked buybacks across the five boroughs, where participants receive a $25 bank card for each air gun, imitation pistol, or non-operable firearm turned in, with no identification required and full anonymity.9The Brooklyn District Attorney’s Office. Brooklyn District Attorney Eric Gonzalez and the NYPD to Offer $500 and AirPods for Firearms at East New York Gun Buyback These events rotate through different neighborhoods.
You can also contact your local precinct about surrendering an air gun. The NYPD Patrol Guide classifies guns surrendered through buyback programs under an “amnesty” designation, and the department’s definition of “firearm” for these purposes explicitly includes air guns and CO2 guns.2NYCPD. Public Patrol Guide – Part 4 Call the precinct first rather than walking in unannounced with something that looks like a weapon. Another route is to arrange for someone outside the city to take possession, since the device is legal in most of New York State.