BB gun in Minnesota Criminal Laws

Is a BB gun, pellet gun, airsoft or other air-powered gun a firearm in Minnesota? Can an airgun be a crime? These are questions that Minnesota criminal statutes address. And we’ll shine a light on them here, including looking at a BB gun.

Is a BB Gun a firearm?

No. A BB gun is not a firearm. And a pellet gun, airsoft or other air-powered gun isn’t a firearm either. A fire-arm is at minimum, an arm (weapon) that makes use of fire to operate. But a BB gun or other air gun does not employ any fire or combustion at all.

The Minnesota Supreme Court said:

“The issue before us in Haywood was not whether a “firearm” must be a weapon. Rather, the issue before us in Haywood was whether a BB gun that used “compressed air,” and not “gunpowder” or some other “explosive force,” was a “firearm” under Minn. Stat. §609.165, subd. 1 (2014). 886 N.W.2d at 489-90 (stating “we… hold that an air-powered BB gun is not a firearm”). We did not consider or decide whether a device must be a weapon to be a “firearm.” Today, we conclude that a device must be a weapon to be a “firearm” under Minn. Stat. § 624.713, subd. 1.”

State v. Glover, 952 NW 2d 190 (Minn. Supreme Court 2020)

Minnesota Statutes § 624.713 makes people criminals, who are prohibited from possessing a “firearm,” for simple possession (no damage, no injury, no common law crime).

A BB gun that is powered by compressed air is not a “firearm,” as that term is used in section 624.713, subd. 1, of the Minnesota Statutes. State v. Lue Yang, 887 NW 2d 40 (Minn. Court of Appeals 2016).

All firearms are guns, but not all guns are firearms.

What about a Robbery with BB Gun?

But in this case, it did not matter that an air gun is not a firearm. Use of an airgun in a robbery supported the “aggravated” enhancement of robbery of person:

“Respondent State of Minnesota charged appellant … with two counts of first-degree aggravated robbery in violation of Minnesota Statutes section 609.245, subdivision 1 (2018). Carey pleaded guilty to both counts. At the plea hearing, Carey admitted that he, along with two codefendants, went to an apartment where the two victims were present. Once inside the apartment, Carey brandished an air-powered BB gun. Then he and the two codefendants demanded that the two victims give them ‘property.’ Carey also admitted that the two codefendants took property from the victims.”

State v. Carey, nonprec, No. A20-0214 (Minn. Ct. App. Jan. 19, 2021).

So, the Aggravated Robbery First Degree statute’s language “armed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon,” means use of an airgun, pellet gun or BB gun during a robbery can support aggravated penalties. Minnesota Statutes § 609.245, subd. 1.

What about threatening with a BB gun?

In Minnesota, a person commits the crime of “Threats of Violence” if that person “displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner” and “(1) causes or attempts to cause terror in another person; or (2) acts in reckless disregard of the risk of causing terror in another person.” Minn. Stat. § 609.713, subd. 3(a). See, State v. Fulford, nonprec. A23-1061 (Minn. Court of Appeals 2024.)

The core element of this crime is “in a threatening manner.” Here we must distinguish between affirmative acts or conduct by the person accused, vs. the perceptions of others. We have no crime merely because a person “sees a gun,” even a BB gun, pellet gun or airgun, and feels threatened by just that. A crime requires an intentional, prohibited act by someone – here that must include “displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner” with at least “reckless disregard of the risk of causing terror in another person.”

For an in-depth discussion of this topic, see my article: Brandishing, Assault & Self-Defense: Legal Readiness.

The appearance of the BB gun, pellet gun or other air gun could be a relevant fact here as well. Some appear to be real firearms, while others have appearance indicators to help show they are not real firearms. See, e.g., State v. Baker, 13 NW 2d 401 (Minn. Supreme Court 2024) (fn 4. “The gun was in fact a Sig Sauer BB gun made to look like a real firearm“), and State v. Rogers, 912 NW 2d 687 (Minn. Court of Appeals 2018) (“the BB gun … lead the victim to reasonably believe it to be a dangerous weapon because it looked like a real gun and did not have any of the identifying markers of a BB gun, such as an orange cap.”)

Carrying BB Gun in Public Place

These cases interpret words the legislature placed in statutes. And in the Bee case:

“The State charged Bee with violating Minn. Stat. §624.7181, subd. 2 (2024), which provides: ‘Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor.'”

State v. Bee, 17 NW 2d 150 (Minn. Supreme Court 2025)

Notice that the statute says carrying a BB gun (or a rifle, or shotgun) in a public place is a gross misdemeanor. So, that language recognizes the fact that a BB gun is not a rifle or shotgun, but also specifically criminalizes carrying a BB gun in a public place. Though Minnesota statutes §§ 624.7181 and 97B.045, authorize carrying a BB gun in a public place:

• by a person with a carry permit,  or
• unloaded and in a gun case expressly made to contain a firearm, and fully enclosed, or unloaded and in the closed trunk of a motor vehicle.

“You can be guilty of that simply by placing the uncased firearm in any area of the vehicle where uncased firearms are not allowed.” State v. Butcher, 563 NW 2d 776 (Minn. App. 1997.) The same should be true for a BB gun in a car.

For more on carrying in a public place without a permit crime and defenses, see my page: Carry Without Permit.

For more on what is a “public place” for firearms crimes: Public Place in Minnesota Gun Laws

Knowing Possession on School Property

Minnesota Statutes § 609.66, Subd. 1d, makes knowing possession of “dangerous weapons,” BB guns, or replica firearms on school property (or child care center, or school bus), a crime. It defines several crimes of varying severity based on the type of prohibited item, as well as the act (knowing possession vs. using, brandishing, etc.). In this statute we again see the law recognizing that BB guns, or replica firearms are not firearms or “dangerous weapons;” and yet, making knowing possession and certain other acts involving BB guns a crime, nevertheless.

For more on what criminal possession requires, see my article: What is Firearm Possession?

BB gun in Airport Security Screening Area

The Minneapolis-St. Paul (MSP) Airport run by the Metropolitan Airports Commission (MAC) local ordinance 117.6.5 attempts to criminalize unknowing possession of a BB gun, pellet gun or air gun in an Airport Security Screening Area as a misdemeanor:

“No Person shall place a firearm, explosive device, or other TSA prohibited item that could be used as a weapon onto inspection equipment at a Security Screening Area without first declaring … This provision is to be a strict liability offense. This provision is violated whether or not the Person had intent or knowledge that the item placed on the inspection equipment contained a firearm, explosive device, knife or other TSA-prohibited item. It is the responsibility of the Person being screened at a Security Screening Area to have knowledge of the contents contained in any item the Person places onto inspection equipment at a Security Screening Area. For this provision only, firearm means any item from which a shot may be fired by the force of an explosion including, but not limited to, starter pistols, compressed air guns, BB guns, cap guns and flare pistols.”

Metropolitan Airports Commission (MAC) local ordinance 117.6.5

Two major problems with this poorly drafted ordinance:

1. A law purporting to create a strict liability crime would unconstitutionally shift the burden of proof to the defendant on the element of criminal intent. A crime requires some level of criminal intent. “Knowledge” is the bare minimum level of criminal intent, which this ordinance pretends the government need not prove. Compare, State v. Eide, 898 NW 2d 290 (Minn. App. 2017).
2. Defining a non-firearm to be a “firearm” is a problem. Airguns, including pellet guns and BB guns, are not actual firearms, which are arms that employ the use of fire to create explosive force to propel a projectile.

A local Ordinance is similar to a state Statute, but is adopted by the local government and only applies in the local municipalities or other local jurisdiction.

Furnishing BB gun or Airgun to Under 18

Minnesota’s Grinch law: A Minnesota Statute makes it a felony to furnish a BB gun, pellet gun or other airgun to a person under 18 years of age without the prior consent of the minor’s parent or guardian. And it provides that possession of written evidence of prior consent signed by the minor’s parent or guardian is a complete defense.

“Subd. 1b. Felony; furnishing to minors. Whoever, in any municipality of this state, furnishes a minor under 18 years of age with a firearm, airgun, ammunition, or explosive without the prior consent of the minor’s parent or guardian or of the police department of the municipality is guilty of a felony and may be sentenced to imprisonment for not more than ten years … Possession of written evidence of prior consent signed by the minor’s parent or guardian is a complete defense to a charge under this subdivision.”

Minn. Stat. § 609.66, Subd. 1b (2025)

FAQ: “Is it legal to use a BB gun in your backyard?”

Is your backyard a “public place” in Minnesota? Not likely, assuming your backyard is on the land you own or rent. If it’s your private property, not a “public place,” then any criminal statute with “public place” as an element would not apply. For example, the Minnesota crime of carrying a BB gun in a public place (unless carry permit, other exceptions) is a gross misdemeanor. Minnesota Statutes § 624.7181.

But some municipalities have local ordinances relating to BB guns, pellet guns and airguns within their jurisdiction. For example, some municipalities have specific ordinances banning the discharge of BB guns and other airguns within city limits, except for specific authorized areas. But some of those ordinances exclude the person’s own private property from the prohibition on “discharging.” As a result, a prudent person might want to check the local ordinances covering the municipality where they reside (if any).

All of these court decisions have one thing in common. Each interprets Minnesota statutes. So whether a type of airgun is an element of a crime, depends upon which statutes apply, and what those statutes say. Whether a BB gun is included depends on the specific statute.

But statutes are not always clear, can be unconstitutional (void), and can conflict with other laws. So court decisions help us understand what they say. And we can apply the legal rules of statutory construction to help divine their meaning.

So, for example, when a statute says “firearm,” we know that a BB gun (or pellet gun, airgun) is not actually a firearm. But, when a statute makes “BB gun” a crime, then one can be an element of a crime. See, e.g., Minnesota Statutes § 624.7181 (Carrying BB Gun in Public Place).

Question? Call Attorney Thomas Gallagher, 612 333-1500

Remember if police or security question you about a suspected crime, it’s time to shut up and lawyer up: How to Assert Your Rights: Protect Yourself from Police

Minnesota Defense Attorney Thomas Gallagher defends people from gun crime charges, including those involving a BB gun. And you are welcome to give him a call.

More

Gun Charges Defense Lawyer

Dangerous Weapon Charges & Defenses

Disparity of Force & Self-Defense

Self-Defense Laws in Minnesota Guide

Minnesota “Crimes of Violence”

Underage Consumption: Can Minor Refuse Breath Test?