You might expect to face legal trouble if a law enforcement officer found you in possession of a firearm. You might also expect to face charges if you were found in possession of a stun gun or switchblade knife. However, you might be surprised to learn that you could also be charged for a BB gun, pellet gun, or even a paintball gun. While many people think of BB, pellet, and paintball guns as toys, they can be responsible for severe physical injury or even death in certain circumstances. If you have recently been charged with weapon charges for these unexpected weapons, or are concerned that you could face charges due to a move or visit to another city, you may want to consult with one of our experienced weapon defense attorneys at the Law Office of Benjamin Greenwald. Call (845) 567-4820 for a consultation to learn more about the charges and possible legal options.
Is a BB, Pellet, or Paintball Gun Considered a Firearm Under New York State Law?
The Consolidated Laws of New York Penal (PEN) Chapter 40, Part 3, Title P, Article 265 defines a firearm as any revolver or pistol, shotgun less than 18 inches long with one or more barrels, rifle less than 16 inches long with one or more barrels, assault weapons, weapons made from a shotgun or rifle, or any other weapon not otherwise defined that expels projectiles by explosives. BB, pellet, and paintball guns expel projectiles but do not do so by explosives. Pellet, BB, and paintball guns are all air guns, using air to expel the BBs, pellets, or paintballs.
Using air to launch the projectile means that paintball, BB, and pellet guns are not technically considered firearms under New York state law. However, it is important to note that if these guns are not appropriately marked, such as with bright paint or an orange tip at the end of the barrel, law enforcement may mistake them for firearms and treat individuals carrying them as though they were carrying a firearm.
Can a BB, Pellet, or Paintball Gun Be Considered a Weapon Under New York State Law?
While BB, paintball, and pellet guns are not considered firearms based on New York state law, they may still be regarded as weapons and, therefore, result in weapon charges. They could be viewed as a “dangerous instrument” per New York City Government, which is defined as any article, substance, or instrument, including vehicles, that is readily capable of causing death or other serious physical injury and is actually used, attempted to be used, or threatened to be used to cause serious physical injury or death.
Paintball, pellet, and BB guns may also potentially be considered a “deadly weapon,” defined as any loaded weapon from which a shot may be discharged and is readily capable of producing death or serious physical injury. The United States Consumer Product Safety Commission reports that there are approximately four deaths by BB gun or pellet rifle per year. They also state that high-velocity BB guns have a muzzle velocity of more than 350 feet per second, increasing the risk of death.
What Charges Could You Face for BB, Pellet, or Paintball Guns?
Like any other alleged crime, the charges an individual could face for a BB, pellet, or paintball gun will depend on the exact circumstances. Individuals could face weapon charges, such as Criminal Possession of a Weapon, for carrying the gun on their person or having constructive possession, such as the gun being in their car, if there is evidence of intent to use it unlawfully against someone else. If you have been charged with Criminal Possession of a Weapon, the Law Office of Benjamin Greenwald has skilled weapon defense attorneys who may be able to assist you in defending against the charge.
If the weapon is used to harm someone or if the use results in someone’s death, the user could face not only weapon charges but also additional harsher charges, such as first-degree assault (intentionally causing serious physical injuries with a deadly weapon), which is a Class B felony, or murder. Individuals should be aware that it is possible to be charged with multiple crimes from one alleged act.
What About Minors and BB, Pellet, or Paintball Guns?
Many parents think of BB, pellet, and paintball guns as toys. However, these devices can do significant damage. Nationwide Children’s Hospital did a study of injuries from these nonpowder firearms, looking at emergency rooms across the nation and found that between 1990 and 2016, an estimated 364,133 children under the age of 18 were treated for injuries related to BB, pellet, and paintball guns. While the overall number of injuries did decrease during the study period, eye injuries increased, and a child was treated on average every hour during 2016. BB guns accounted for 81% of these injuries.
If safety concerns are not enough, New York has made it illegal for a minor under the age of 16 to possess a BB, pellet, or paintball gun. They can be charged with Unlawful Possession of Weapons by Persons Under Sixteen, NYPL §265.05. If convicted, the minor will be labeled a juvenile delinquent if they are between the ages of 12 and 16. While they will not go to an adult jail or prison, the New York State Unified Court System will decide if they should be supervised, treated, or placed through the local social services department or the state’s Children and Family Services department.
Are the Laws the Same Throughout the State?
Generally, these laws are consistent throughout the entire state, as are most laws in most states. However, some cities like New York City, may have more stringent regulations than the state laws. As a result, what might be legal here in Orange County, New York, may not be legal when you drive a little more than an hour away to New York City. Therefore, if individuals are not thoroughly familiar with both state gun laws and city regulations, they may wish to consult with an attorney or law enforcement before traveling or moving within New York state to avoid potentially facing weapon charges.
Why You May Want to Hire a Criminal Defense Attorney to Assist You with Weapon Charges
New York has some of the strictest firearm and weapon charges in the country. This can cause significant problems for new residents to the state or lifelong residents who do not realize what may be considered a weapon under state law. While there is no law requiring individuals to hire an attorney when charged with having a weapon because of a BB gun, pellet gun, or paintball gun, an experienced weapon defense attorney may be able to assist you in defending against the charges, reducing or dismissing the charges, or negotiating a lighter sentence. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to speak with one of our knowledgeable New York criminal defense attorneys about your legal options.
