Are Airsoft Guns Considered Firearms?

Airsoft guns are a hugely popular way to get together and play gun sports without having a gun, and you can go to airsoft ranges and places to shoot with (and at) your friends. However, even though they aren’t lethal, airsoft guns look a lot like real guns. Are they legally firearms, or just toys? 

Airsoft guns are not technically considered firearms but instead are classified as “soft air devices” or “air-compressed toys.” However, airsoft guns do have legal regulations because they look so similar to real firearms. These laws vary per state and in some cities across the United States. 

In the rest of this article, I will discuss the legal status of airsoft guns and why they’re not considered firearms. I’m also going to explore the safety concerns of these toys that led to the various laws in place. Finally, I’ll look at the rules regarding airsoft guns and how they vary across the country. 

airsoft guns aren't firearms
Airsoft guns look like replicas of real guns. It is often hard to distinguish if you have a harmless airsoft gun or a real firearm, even from a few meters away.

Are Airsoft Guns Considered Firearms?

Airsoft guns are not considered firearms because they don’t shoot with lethal force. They are classified as “toys” and have different regulations than firearms. Airsoft guns are easier to buy and use as long as they have the proper markings to label them as imitation firearms. 

There’s an important distinction to be made between airsoft guns and air guns, however. While air guns are not propelled by gun powder, they hunt animals and can therefore be fatal to humans. 

For this reason, they have stricter laws, although they’re still not considered firearms. 

On the other hand, airsoft guns can’t cause too much injury unless they penetrate someone’s eye. Eye protection is essential when using any projectile toy, but especially airsoft. Other injuries are possible as well. 

These health and safety concerns and the similarity in appearance between airsoft and real guns led to various laws. 

Laws Around Airsoft Guns

Although airsoft guns are considered toys or imitation guns, they still can have some dangerous effects. 

Almost 20,000 emergency room visits a year are related to airsoft accidents, and about 14,000 of those are children injured by irresponsible gun use and lack of education. 

In some scenarios, airsoft guns have become fatal. 

Most of these involve officers mistaking airsoft guns for real firearms and shooting the owner. Because airsoft rifles and pistols look like real guns, mistaking them in a difficult situation can be deadly for the user and others around him. 

The danger comes with the classification of “toy.” 

Although airsoft guns are technically toys, they look very similar to the real thing, so these guns should always be treated with care and only carried or used on private property. Treating airsoft guns as a toy can lead to severe injury or even death. 

While laws around airsoft guns vary per state (and sometimes even city), several federal laws are in place. A universal rule for any toy gun or imitation firearm is the bright orange cap at the end of the muzzle. 

Every gun imported into America has to have this orange tip, or it cannot be sold. 

However, many of the laws regarding airsoft guns are individual to state or even city regulations. There are only a few places in America where airsoft guns are entirely illegal, but it’s not legal to sell an airsoft gun to an underage buyer in many other states. 

There are also other individual laws that we will take a closer look at right now. 

State Legislature About Owning Airsoft Guns 

In most states, it’s legal to purchase and own airsoft guns. 

While they have to be bought with the orange tip still on, very few states enforce keeping the tip on. However, the tip is vital to differentiate between real and airsoft rifles. Michigan is currently the only state with a written legislature about the orange tip.  

Twenty-four states impose some regulations on an airsoft or pellet gun, which are either age-related or area-related and vary depending on the state.

Here are the states that impose some kind of law about airsoft guns: 

  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • North Carolina
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Virginia
  • Washington
  • Wisconsin

Thirteen states have age restrictions on owning airsoft guns. The majority of these states require the owner to be 16 years or older, but a few state the legal age as 14, and some others raise it to 18.

Here are the states that have some age restriction on purchasing and owning airsoft guns:

  • California
  • Delaware
  • District of Columbia
  • Florida
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • New York
  • North Carolina
  • Pennsylvania
  • Virginia

A third general law on airsoft guns is the restriction of bringing guns to school. Bringing an imitation firearm onto school grounds will result in immediate suspension or expulsion in these thirteen states.

These are the states with this (or a similar) law: 

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Minnesota
  • Mississippi
  • New Hampshire
  • New York
  • North Carolina
  • South Dakota
  • Virginia
  • Washington
  • Wisconsin

There are also other laws regarding airsoft guns. 

Possession of airsoft guns is illegal in New York City, Chicago, Washington D.C., San Francisco, and several smaller cities across the United States. More specific laws apply in places like California, where it’s illegal to brandish a fake firearm in public. 

However, some laws that apply to actual firearms also apply to airsoft or pellet guns. 

For example, someone committing a robbery with an imitation firearm would be prosecuted as though it were a real firearm. Mistaking airsoft guns for actual rifles or pistols has caused multiple deaths. 

Whenever using or purchasing an airsoft gun, it’s essential to research local laws and legislation. Always use eye protection and keep the orange tip on the end of the weapon. 

Many guns recommend a certain firing distance so as not to break the skin and prevent further injury.

Suggested read: I have a detailed article if a license is needed to use airsoft guns. You can read it here.

Final Thoughts 

Although airsoft guns are not legally considered firearms, they should not be treated as toys. They are legally classified as imitation firearms and should be used carefully. It’s illegal to purchase an airsoft gun without the orange tip in the United States, and almost half of the states have different laws surrounding airsoft gun usage.