Texas Air Gun Laws Explained
Air guns are not considered firearms under Texas and federal law. In Texas, air guns are in fact classified as "firearms" under the same section of the Texas Penal Code that classifies firearms as any "pistol, revolver, rifled gun, smoothbore gun, cannon, or any other device designed, made, or adapted to expel a bullet, ball, line, or other projectile through the action of an explosive." When air guns are cited as the only weapons in an offense, the State typically pursues charges under a separate section of the Penal Code which is a catchall for "other firearms or weapons." Any "device manufactured, designed , or adapted to eject a projectile through the use of air" is regulated under this section of the Penal Code and treated the same as all other "firearms." This can sometimes create a problem for self-defense practitioners who must be aware of some of the ambiguities in the law surrounding air guns generally.
Texas is also one of the few states with an express limit on the use of air guns on specific types of property. UNLESS A PERSON IS THE OWNER of a range facility, no person may fire or discharge an air rifle or pistol designed to shoot only BB’s .177 caliber or smaller from or across a public road or highway. An air rifle or pistol designed to shoot only BB’s .177 caliber or smaller may be discharged into or on a local government authority-owned or controlled park, playground, or athletic field only if the discharge occurs in a designated place and in compliance with local ordinances.
Texas Air Gun Age Requirements
In Texas, the minimum age at which a person may own or operate an air gun is generally 18 years old. However, there are a few exceptions. For example, if a minor is within the direct supervision of their parent or guardian, the minor may discharge an air gun as long as they are "acting under the immediate control of [their] parent or guardian." In some cases, such as air guns that shoot projectiles with a caliber lower than .18 inches, there may be no restrictions at all on the age of the user. Moreover, while a minor cannot own or possess an air gun, there is nothing prohibiting their parent or guardians from owning or possessing an air gun for the use of their minor children.
Texas Air Gun Legal Licensing and Permits
Texas does not require a license or permit to own an air gun. The exceptions are for importation of an air gun into the State of Texas and for the transportation of an air gun in or into a school or on certain property of an educational institution.
According Texas Penal Code Section 46.01 (3), "air rifle" is defined as any air gun that will expel a metal pellet or BB by action of compressed air or other gas. This means BB pistols are also considered an air rifle under the statute.
Texas Penal Code Section 43.20 serves as the definition section for the unlawful carrying of weapons. Section 43.20(b) specifically outlines the unlawful carrying of a weapon onto the property of a public or private institution of higher education or on a school grounds.
The pertinent portions of Section 43.20 state: (a) In this section: (2) "School" means a public elementary or secondary school. (3) "School grounds" means any land, public or private, designated for use or used as a playground or recreation area for school-aged children or as a day-care center as defined by Section 42.041(a), Human Resources Code. (c) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. (d) An offense does not commit when a license holder carries a handgun on or about his or her person under this subchapter. It is worth noting that Section 43.20(a)(2) clauses school as one that includes any land or playground that a day-care center uses. Day care centers are found everywhere and land designated for their use would be extremely broad.
If you are caught carrying an air rifle on a school ground, this is considered a class C misdemeanor, which comes with a fine of up to $500. As such, it is always best to check with your local school district before taking any air rifles onto school property.
Texas Air Guns and Where You Can Use Them
There are also restrictions on where you can legally fire an air gun. Just as with any gun, you cannot shoot an air gun at or from a road or public land. The same rules you already know apply here as well. There are also places where you cannot fire an air gun, some of which may surprise you.
Schools- You may not fire an air gun within 300 feet of a school. Whether public or private, this includes all schools in the state of Texas. This section of the Penal Code is fairly ambiguous, though, and makes no exception for whether the shooting is done on a private or public range. Therefore, it is likely illegal to shoot air guns within 300 feet of a school, unless at a privately maintained range.
Parks- In the section of the law covered earlier, "established shooting range" does not include privately maintained ranges on public property . Therefore, air guns cannot be shot in public parks in Texas.
Neighborhoods- While there is not a section of the penal code that states air guns cannot be used in neighborhoods, there is case law that states it is a Class A misdemeanor to fire an air gun "in a manner that is reasonably likely to cause death or serious bodily injury." Interpreted broadly, this could be applied to any residential or urban neighborhood, as it is difficult to determine what precisely constitutes reasonable likelihood. Therefore, air guns should not be fired in such areas.
In addition, there are some general recommendations regarding where you should not fire your air gun. Any areas with other people involved are off limits until further notice. Firing an air gun in an area with other people or houses nearby is highly discouraged. The danger posed by errant shots is significant and should not be taken lightly.
Texas Air Guns and Travel
Air guns are not firearms, but that doesn’t mean they don’t have their own rules and regulations. The first is that any air gun or ammunition capable of causing death or serious injury to another person is considered a "dangerous weapon." Like any weapon, this means you could face criminal penalties for transporting them improperly. When you’re in your car, you want to take similar precautions that you would for a firearm. Ammonia, arsenic and other poisonous substances are regularly transported in cars, so it’s not illegal for you to transport your air gun through a highway or public road. Still, it’s better to err on the side of caution. Safely stow your air gun in the trunk or some other compartment where it won’t roll around or be seen if you have to stop. When driving through town, slide it under the seat or hide it out of sight. Use your common sense and you can drive through Texas without drawing suspicion. If you plan to use public transportation, leave your air gun locked away. You may want to invest in a backpack or briefcase with a separate compartment for your air gun. Always obey the rules of the transit system and make sure you store it in a secure place while riding.
Texas Air Guns: Consequences and Penalties
Violating air gun laws in Texas can have legal ramifications. Offenses that concern an air gun may be prosecuted in a number of criminal ways, depending on the circumstances. The state may pursue a Class C misdemeanor charge for an ordinance violation if the air gun was used in a prohibited manner. If the air gun was used in a manner that caused a serious injury to another person, the prosecution may seek a felony charge. The prosecuting attorney must show beyond a reasonable doubt that the defendant’s conduct – using the air gun in the prohibited manner – was the cause of serious bodily injury to another person . Convictions like those for Class C misdemeanors typically do not appear on your criminal record; however, Class B or A misdemeanors and felony convictions will usually appear.
If the air gun was used in a prohibited location, the city attorney may issue a citation under the local ordinance. Local ordinances cannot exceed state law, so it is valid for the state to prosecute an air gun offense in a municipal court.
If no offense was committed, then a police officer issuing a warning will almost always suffice.