When are BB guns illegal in Nevada?

Although BB guns operate differently from firearms, they are still considered “deadly weapons.” Therefore, Nevada state law forbids their use or possession in many circumstances.

(Note that Nevada counties and cities have their own specific laws regulating the use of guns, including BB guns. So be sure to check local county and municipal codes as well as the state laws discussed below).

1. What is the law regarding BB guns on school property?

NRS 202.265 is the Nevada statute that forbids people from carrying or possessing pneumatic guns (which includes many BB guns) while on the property of either:

• the Nevada System of Higher Education,
• a private school,
• a public school,
• a child care facility, or
• in a vehicle of a private or public school or child care facility.¹

Regarding child care facilities located in a home, this prohibition only applies during operating hours. And the owner of the home may still possess a gun as long as he/she is otherwise following Nevada and federal gun laws.

Having a pneumatic gun on school property is a gross misdemeanor in Nevada, punishable by:

• up to 364 days in jail, and/or
• up to $2,000 in fines.²

2. Is it illegal to aim a BB gun at a person per NRS 202.290?

Yes. Nevada law, NRS 202.290, forbids aiming “any gun” at a person.³ Presumably, “any gun” includes BB guns.

Note that it makes no difference whether or not the gun is loaded. Nor does it matter if the person being aimed at is unaware that he/she is being aimed at.

Aiming any gun at a person is a gross misdemeanor in Nevada, punishable by:

• up to 364 days in jail, and/or
• up to $2,000 in fines.⁴

3. What about discharging a BB gun?

Per NRS 202.290, Nevada law forbids discharging any “air gun” in any place where a person might be endangered.⁵ BB guns are a type of “air gun.”

Note that this law applies no matter if the location where a gun is discharged is public or private.

Endangering a person by discharging an air gun is a gross misdemeanor in Nevada, punishable by:

• up to 364 days in jail, and/or
• up to $2,000 in fines.⁶

4. Does Nevada law prohibit carrying a concealed BB gun?

Yes. NRS 202.350 is the Nevada law forbidding people from carrying concealed pneumatic guns (including many BB guns) without a current and valid CCW permit.⁷

Carrying a concealed pneumatic gun without a current and valid CCW permit is a category C felony. The penalty is punishable by:

• one to five years in Nevada State Prison, and
• possibly up to $10,000 in fines.⁸

Merely forgetting to carry a CCW permit is only a civil infraction, carrying a $25 fine.

5. What about drawing a deadly weapon in a rude, angry, or threatening manner per NRS 202.320?

Nevada law, NRS 202.320,  appears to categorize BB guns as “dangerous or deadly weapons.”

Therefore, it is a misdemeanor for people to draw or exhibit a BB gun in a rude, angry, or threatening manner in the presence of two or more people.⁹

A violation of this statute is punishable by:

• up to six months in jail, and/or
• up to $1,000 in fines.¹⁰

Note that drawing a deadly weapon is not a crime if done in lawful self-defense.

6. Are there enhanced penalties for using a BB gun in committing a crime?

Probably. Nevada law appears to categorize a BB gun as a “dangerous or deadly weapon.”

Therefore, under NRS 193.165, people who use BB guns while committing a crime, such as a robbery or a burglary, face an enhanced penalty of one to twenty years. However, this enhancement may be no longer than the sentence for the underlying crime.¹¹

When determining the length of this sentence enhancement, the court considers the following factors:

1. the facts and circumstances of the crime,
2. the criminal history of the person,
3. the impact of the crime on any victim,
4. any mitigating factors presented by the person, and
5. any other relevant information.¹²

7. What is the difference between BB guns and firearms?

Whereas firearms (powder guns) rely on combustion or explosions to fire bullets, BB guns shoot ball bearings through either:

• a spring-piston,
• pre-compressed gas (no pumping is necessary), or
• pneumatic pumps (where the person manually pumps the gun to compress the air).

BB guns are therefore a kind of “air gun” designed to shoot “BBs,” which are metallic ball-shaped projectiles about 4.3mm in size.

BBs are usually available in lead, zinc, or copper.

Note that BB guns are not pellet guns, which are meant to shoot projectiles that are not ball-shaped.

Nor are BB guns airsoft guns, which are meant to shoot balls that are larger than BBs and made out of plastic.

Legal References: