You could be breaking NJ laws that restrict these forbidden and deadly toys

❓ Are BB guns legal in New Jersey: Here is what the law says

🚨 New Jersey treats BB and pellet gun just like any other firearm

❌ Some BB and pellet guns are outright illegal to possess in New Jersey

BB guns and pellet guns generally use some type of compressed air instead of gunpowder to fire projectiles.

They are typically used for target practice but some can also be used to shoot small game.

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While they are generally considered non-lethal, they are classified as firearms in the state of New Jersey.

This applies to both BB and pellet pistols as well as rifles and long guns.

Although other states may treat these weapons more like toys, in New Jersey you can easily run afoul of the law if you have or fire one of these guns.

There are also strict laws about the transport of these guns in a vehicle and if you are caught in violation, it could mean serious consequences.

One type of pellet gun is strictly forbidden in New Jersey and illegal to possess.

Here is what the law and a top firearms expert have to say about buying, possessing and using these types of firearms in New Jersey.

The following information is from the New Jersey State Police and Rich Dugan, the former police chief in Barnegat Township. Now retired, Dugan serves as the department’s chief firearms investigator.

This article is not intended as legal advice. 

Are BB guns and pellet guns legal in New Jersey?

Yes, they are. However, New Jersey classifies them as a firearm.

New Jersey law defines a firearm as “any gun or device from which a solid projectile, like a pellet, bullet or ball, may be launched by cartridge, shell or other explosive material.”

N.J.S.A. 2C:39-1(f) specifically includes air guns, spring guns, pistols or similar spring, gas or air ejection devices. Whether a BB gun or pellet gun projectile is propelled by compressed air or compressed gas, it is (in New Jersey) a firearm.

That means to purchase and/or possess one in New Jersey you need to follow the same laws and procedures you would to purchase a handgun, rifle or shotgun.

What do I need to purchase a BB gun or Pellet gun in New Jersey?

There are varying types of BB gun and pellet guns from pistols to long guns.

Pistols: In New Jersey, the purchase of a BB pistol or pellet pistol is treated the same as purchasing a handgun.

As such, you must have not only a Firearms I.D. card, but also a handgun purchaser permit.

Rifles or long guns: You could argue that because a BB or pellet rifle does not have a rifled bore, they do not fit the true definition of a “rifle.” While that may be technically correct, long gun versions of BB guns and pellet guns are still considered firearms and require a Firearms I.D. card to purchase and possess in New Jersey.

Can I legally carry a BB gun or pellet gun in New Jersey?

That depends.

Again, these are treated as firearms in New Jersey.

In order to carry a pellet or BB gun pistol, you must have a carry permit under N.J.S. 2C:58-4.

Can I transport a BB gun or pellet gun in my vehicle?

Because BB and pellet guns are considered firearms, the same rules apply regarding transport.

According to the New Jersey State Police:

Firearms shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and or ammunition shall be in a locked container other than the vehicle's glove compartment or center console and kept farthest from the driver. As a precaution, ammunition shall be transported in a separate container and locked in the trunk of the automobile in which it is being transported. Ammunition magazines may remain loaded during transportation and shall be carried separate from the firearm.

Can I buy a BB gun or Pellet gun in another state and bring it here?

Yes, as long as it was legally purchased in that state AND it is legal to own in New Jersey.

According to the New Jersey State Police: "Firearms that have been legally acquired in another state and are legal to possess in New Jersey may be brought to New Jersey by the owner when residency is established."

Dugan notes the law has recently changed, and any firearm you legally bring into New Jersey must now be registered.

This can be done online at the New Jersey State Police website.

Can I shoot my BB gun or pellet gun in my backyard?

Probably not.

Dugan says while no state law bans the safe shooting of a legal firearm on property that you own, you should check with your municipality.

Most New Jersey municipalities have ordinances that prohibit the discharge of firearms.

Since BB guns and pellet guns are considered firearms, shooting them in your backyard or on your property may be illegal under local laws.

There is one type of pellet gun that is highly illegal in New Jersey

Many pellet guns being sold today have built-in noise suppression. That is technically a silencer, and silencers that cannot be removed are illegal in New Jersey.

An example is the Whisper series sold by leading manufacturer Gamo.

From the Gamo website:

Gamo’s patented Whisper technology leads the air rifle industry in sound suppression. The Whisper is an integrated noise and muzzle blast reducer molded onto the barrel, forming a single part.

Any firearm with built-in silencer technology is illegal to possess in New Jersey.

The New Jersey Division of Fish and Wildlife issued the following statement:

“As per a recent interpretation by the State Attorney General’s Office, the New Jersey Division of Fish and Wildlife’s Bureau of Law Enforcement is advising sportsman and sportswomen that the possession and use of air guns equipped with silencers is illegal pursuant to New Jersey Criminal Law. Silencers are defined as any device designed to lessen or muffle the noise of the gun discharging. We urge all users of air guns to determine through the manufacturer of the firearm whether or not they are so equipped. The possession and use of such air guns is ILLEGAL.”

What about airsoft guns and paintball guns?

An airsoft gun shoots light plastic projectiles.

Paintball guns shoot balls filled with, well, paint.

Neither are considered firearms under New Jersey Law and do not require a Firearms ID card to purchase or possess.

Dugan says it is legal to transport, carry and shoot an airsoft or paintball gun as long as you are not breaking any other laws while doing so.

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