Whether it is legal to shoot a BB gun in Colorado depends on the specific location. Refer to the local county or municipal code for guidance on whether shooting BB guns is legal.
Populated cities
Discharging BB guns is usually illegal in Colorado’s populated cities, such as:
- Aurora
- Boulder
- Colorado Springs
- Denver
- Fort Collins
- Longmont
- Thornton1
In Lakewood, Colorado, it is illegal to discharge a pellet gun if done willfully, maliciously, or recklessly.2
Unincorporated areas
Discharging BB guns is more likely to be legal in unincorporated areas, but you should still check with local laws before firing a BB gun or any type of air gun.
Certainly, it is perfectly legal to discharge BB guns at licensed gun ranges recognized under local Colorado laws.
Possession at public schools
Note that although BB guns are not technically firearms, a student may be expelled from public school merely for possessing a BB gun. It does not matter whether the gun works.3
BB guns as menacing
BB guns are not usually deadly weapons.4 However, you could face charges for the Colorado crime of menacing if you knowingly place (or attempt to place) another person in fear of imminent serious bodily injury by any threat or physical action.5
Many BB guns resemble ordinary firearms, which are deadly weapons. Therefore, wielding a BB gun or discharging a BB gun could reasonably put a person in fear of physical harm.
For you to be guilty of menacing in Colorado, you need to have acted knowingly. The clincher is not if the victim felt actual fear, but rather your knowledge.
Truthfully, it is irrelevant whether you even intended to put another purpose in fear. Merely being cognizant that the other person would be placed in fear of imminent bodily injury is sufficient to qualify as menacing.
Menacing penalties
When you display or use a BB gun that another person would reasonably believe is a deadly weapon, menacing becomes a class 5 felony — even if the other person did not actually see it.
Penalties of felony menacing in Colorado are:
- One to three (1 – 3) years in Colorado State Prison, and/or
- A fine of $1,000 to $100,000
Depending on the case, it may be possible to get menacing charges dismissed or reduced to a misdemeanor menacing charge. The penalties for misdemeanor menacing include:
- Up to 364 days in jail, and/or
- A fine of up to $1,0006
Menacing defenses
There are several possible ways to fight Colorado menacing charges involving BB guns. The best strategies depend on the facts of the individual case. Some of the more common defenses include:
- Your statements and actions were not threats.
- You did not have a weapon at all.
- You did not reasonably realize your statements or actions would put anyone else in fear.
- You acted in accordance with Colorado’s self-defense laws.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Deadly Force or Not? Visual and Cognitive Interpretation of Rifles and BB Guns in Crime-Scene Context – Journal of Police and Criminal Psychology.
- Federal Regulation of BB Guns: Aiming to Protect Our Children – North Carolina Law Review.
- The BB Gun: A Harmless Toy or Deadly Weapon? Practical Guidance for Objective Fact Finding in a Criminal Case – Criminal Law Practice.
- BB and Pellet Guns — Toys or Deadly Weapons? – The Journal of Trauma: Injury, Infection, and Critical Care.
- A New State Ice Age for Gun Policy – Harvard Law & Policy Review.
Legal References
- Aurora Municipal Code 94-146. Boulder Municipal Code 5-8-3. Colorado Springs Municipal Code 9.7.104. Denver Municipal Code 38-121. Fort Collins Municipal Code 17-101. Longmont Municipal Code 10-28-030. Thornton Municipal Code 38-238.
- Lakewood Municipal Code 9.70.080.
- Colorado Revised Statute 22-33-106.
- See also People v. J.R. (Colo.App. 1993) ; People v. Rios (Colo.App. 2020) 463 P.3d 322.
- CRS 18-3-206.
- Same. Prior to March 1, 2022, menacing without a weapon carried up to 6 months in jail, and/or a fine of $50 to $750. SB21-271.
