What is a BB Gun?

A BB gun is an air gun designed to shoot metallic spherical projectiles called BBs, which are similar in size to BB-sized lead birdshot used in shotguns, measuring approximately 0.180 inches (4.6 mm) in diameter [1.].

Modern BB guns typically feature a smoothbore barrel with a 4.5 mm (0.177 in) caliber and use steel BBs that are 4.3–4.4 mm (0.171–0.173 in) in diameter and weigh between 0.33–0.35 grams (5.1–5.4 grains), often coated with zinc or copper to resist corrosion.

Some manufacturers still produce traditional lead BBs, which are slightly larger and intended for use in rifled barrels due to their malleability, which reduces wear on the rifling.

“The term “BB gun” is frequently used incorrectly to describe airsoft guns, which shoot plastic pellets (also often referred to as “BBs”) that are larger (usually 6 mm or 0.24 in in diameter) but much less dense than metal BBs,[1] and have significantly lower ballistic performance. The term is also sometimes used to describe a pellet gun, which shoots diabolo-shaped (not spherical) lead projectiles at higher power and velocity.”

While some BB guns can shoot pellets, steel BBs should not be used in pellet guns with rifled barrels, as they can get stuck and cause damage, similar to a squib load in firearms.

Colorado BB Gun Laws

Yes, it is legal to own a BB or pellet gun in Colorado, but where and how you can shoot it depends on local laws [2.].

In many densely populated cities, shooting a BB gun is prohibited. For example:

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

In Lakewood, it is illegal to intentionally, maliciously, or recklessly shoot a pellet gun (Municipal Code 9.70.080).

“Colorado has a rich history of enacting legislation related to firearms, including BB guns and airguns. The Firearms Act encompasses various provisions that specifically address the possession, use, and sale of these pneumatic devices.”

BB Guns and Menacing Charges in Colorado

While BB guns are generally not considered deadly weapons, you could still face charges for menacing in Colorado if you knowingly place or attempt to place another person in fear of imminent serious bodily injury through threats or physical actions [3.].

“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.”

To be charged with menacing in Colorado, it’s not necessary for the victim to have actually felt fear; what’s important is your awareness that your actions could reasonably cause fear of imminent bodily harm.

Penalties for Menacing with a BB Gun

If you display or use a BB gun in a way that would lead another person to reasonably believe it is a deadly weapon, you could be charged with class 5 felony menacing, even if the person did not actually see the gun.

Penalties for felony menacing in Colorado include:

One to three years in Colorado State Prison, and/or
A fine ranging from $1,000 to $100,000

In some cases, it may be possible to have menacing charges dismissed or reduced to a misdemeanor. Penalties for misdemeanor menacing can include:

Up to 364 days in jail, and/or
A fine of up to $1,000.

Defenses Against Menacing Charges Involving a BB Gun in Colorado

There are several possible defenses to a menacing charge involving a BB gun in Colorado, and the most effective defense will depend on the specific circumstances of your case. Common defenses include:

Self-defense: You can argue that you displayed or used the BB gun because you or someone else was in immediate danger. However, the level of force used must be proportional to the perceived threat. For instance, using a BB gun in response to a minor traffic dispute would not be considered proportional.
No weapon: You can claim that you did not possess a weapon at all during the incident.
No intent: You can assert that you did not intend to threaten the victim with your actions or words. For example, you might argue that you were unaware your actions would cause fear.

Additional defenses might include:

The weapon was not deadly: You had a weapon, but it did not meet the criteria of a deadly weapon.
You acted within Colorado’s self-defense laws: Your actions were in line with the legal standards for self-defense in Colorado.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://en.wikipedia.org/wiki/BB_gun
2. https://www.jdsupra.com/legalnews/colorado-bb-gun-laws-7012057/
3. https://www.shouselaw.com/co/blog/gun-laws/is-it-legal-to-shoot-a-bb-gun-in-colorado/#:~:text=When%20you%20display%20or%20use,fine%20of%20%241%2C000%20to%20%24100%2C000

Is it Legal to Shoot a BB Gun in Colorado?