A felon can generally own a BB gun in Florida, because Florida law does not classify BB guns as firearms. The state’s felon-in-possession statute, Section 790.23, prohibits firearms, ammunition, electric weapons, and concealed weapons, and BB guns fall outside all of those categories. That is the short answer, but it is not the whole answer. Probation conditions, how the BB gun is used, and the way police perceive it in the moment can all turn a technically legal object into a serious legal problem.
Why a BB Gun Isn’t a Firearm Under Florida Law
Florida Statute 790.001(9) defines a firearm as a weapon that will, is designed to, or can readily be converted to expel a projectile “by the action of an explosive.” The definition also sweeps in frames, receivers, silencers, destructive devices, and machine guns.1Florida Senate. Florida Statutes 790.001 – Definitions
The words “action of an explosive” do the work. Gunpowder counts. Compressed air, CO2 cartridges, and spring mechanisms do not. Because BB guns, pellet guns, and airsoft guns propel their projectiles without any explosive charge, they are not firearms under Chapter 790, and the rules that apply specifically to firearms do not automatically reach them.
The legislature clearly knew BB guns exist. It wrote a separate statute, Section 790.22, to regulate their use by minors.2Florida House of Representatives. 2025 Statutes Chapter 0790 If BB guns were firearms, that standalone provision would be unnecessary.
What Section 790.23 Actually Prohibits
Section 790.23 makes it unlawful for a convicted felon to own or have in their care, custody, possession, or control any firearm, ammunition, or electric weapon or device, and it also bars carrying any concealed weapon, including tear gas guns and chemical weapons.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful A BB gun is none of those things. It uses no explosive, it isn’t electric, and carrying one openly isn’t the same as carrying a concealed weapon.
The prohibition itself is broad in other ways. It covers Florida felonies, federal felonies, out-of-state and foreign offenses that carried potential sentences over one year, and certain juvenile adjudications for people under 24. The only carveouts are for felons whose civil rights and firearm authority have been restored through clemency and for those whose records have been expunged under Florida law.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful None of that changes the BB gun analysis. BB guns simply aren’t in the statute at all.
Federal Law Reaches the Same Result
Federal law independently prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition, under 18 U.S.C. 922(g)(1).4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal definition of “firearm” in 18 U.S.C. 921(a)(3) tracks Florida’s closely: a weapon designed to or readily convertible to expel a projectile by the action of an explosive. A BB gun does not meet that definition either.
So on the pure question of possession, both state and federal law point the same way. What matters is what happens next.
Where a BB Gun Can Still Get You in Trouble
Being outside Section 790.23 is not the same as being safe. Several situations can turn a lawful BB gun into a criminal case.
Probation and supervised release. Most probation orders prohibit possessing any weapon, not just firearms. A BB gun fits comfortably inside that broader language. A probation officer who finds one in your home can file a violation, and a judge can revoke probation and impose the original sentence. This is often the single biggest risk for a felon still under supervision.
Assault and aggravated assault. Pointing a BB gun at someone or using it to threaten harm can support an assault charge. If it creates reasonable fear of serious injury, prosecutors may charge aggravated assault, a felony. Whether a BB gun qualifies as a deadly weapon depends on the facts of the specific case.
Robbery and similar offenses. Using any object to threaten someone during a robbery elevates the charge whether or not the object is technically a firearm. A BB gun styled to look like a handgun is particularly dangerous here, because the victim and the responding officers have no way to tell the difference in the moment.
Disorderly conduct. Reckless use of a BB gun in a public area can produce misdemeanor charges even when no one is hurt.
Police encounters. Officers responding to a call about “a man with a gun” cannot distinguish a BB gun from a real one at any meaningful distance. For a felon, any encounter involving what looks like a weapon invites the kind of scrutiny that can uncover other issues or escalate quickly.
If You Want to Own a Real Firearm
The BB gun rule is a workaround, not a restoration. Florida’s Amendment 4, passed in 2018, automatically restored voting rights for most felons who completed all terms of their sentence. It did not touch firearm rights. Regaining the right to own, possess, or use a firearm still requires a separate clemency application to the Florida Board of Executive Clemency.5Florida Commission on Offender Review. Apply for Restoration of Civil Rights, Pardon, Firearm Authority and Other Forms of Clemency
Clemency authority rests with the Governor, who needs the agreement of at least two Cabinet members to grant relief.6Florida Commission on Offender Review. Clemency The process is selective and slow. Applicants are expected to show rehabilitation, a clean record since the conviction, and genuine readiness to handle firearms responsibly. Character references, work history, and community involvement all get weighed. The backlog can stretch years between filing and a hearing, and there is no guarantee of approval.
Expungement is the other route. If a felony record is expunged under Florida Statute 943.0515, Section 790.23 no longer applies. Expungement is available only in narrow circumstances and is not on the table for most felony convictions.3Justia Law. Florida Statutes 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
Until one of those doors opens, the practical position for a felon in Florida is this: a BB gun is legal to own, but treat it like it isn’t. Store it privately, don’t carry it in public, don’t display it in any encounter, and if you’re on probation, check your conditions before you bring one home.