Legal Issues / Gun Restrictions

Generally the products we sell do not require the assistance of a FFL for purchase or transfer, or require shipping to an FFL.  There are several exceptions so be aware of your local law.

 FlagsandGuns.us (Arista Flag Corporation) is not responsible for knowing specific state, county and city laws regarding air guns. It is your responsibility to determine whether it is legal for you to purchase and possess our merchandise in your area. Please research your own local laws and fully comply with them when placing an order on our site.





We do not sell items classified as Firearms under Federal Law.

However, in some specific cases, depending on your State or Locality of Residence,  certain products may be restricted for purchase,  or have age restrictions, or shipping and delivery restrictions. 

Check with your state or local regulations and restrictions.  It is important to recognize that the purchaser is responsible to know and understand his local and state laws regarding the use and possession of all items sold at our site.  Restrictions apply to certain areas (identified by zip code) in New York State, New Jersey, Illinois, and so on. 

We reserve the right to cancel an order for specific products that cannot be legally shipped to certain specific locations.

We suggest that you review the material presented on our Shooters Code Page
to consider what is expected of an Air Gun Shooter.  Knowledgeable proper behavior will enhance the shooting experience, while satisfying the community regarding the safety and legality issues of the shooter and community.

See our Shooter Code Page: airgunshooterscode.aspx


A full statement of Terms and Policy can be found here: 

Terms and Policy


Air Gun Laws  taken from Wikipedia (free encyclopedia)

The Bureau of Alcohol, Tobacco, Firearms and Explosives states that:

The term "firearm" is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include "(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon...." Based on Section 921(a)(3), air guns, because they use compressed air and not an explosive to expel a projectile, do not constitute firearms under Federal law — unless they are manufactured with the frames or receivers of an actual firearm. Accordingly, the domestic sale and possession of air guns is normally unregulated under the Federal firearms laws enforced by ATF.[33]

Although the federal government does not normally regulate air guns, some state and local governments do; the Law Center to Prevent Gun Violence has compiled a list of states and selected municipalities that regulate air guns, finding that 23 states and the District of Columbia regulate air guns to some degree.[34] Two states (New Jersey and Rhode Island) define all non-powder guns as firearms; one state (Illinois) defines certain high-power and/or large caliber non-powder guns as firearms; three states (Connecticut, Delaware and North Dakota) define non-powder guns as dangerous weapons (but not firearms).[34] The remaining states which regulate air guns impose age restrictions on possession, use, or transfer of non-powder guns, and/or explicitly regulate possession of non-powder guns on school grounds.[34]

New York City has a restrictive municipal ordinance regulating air guns.[34] Air guns were previously banned in San Francisco, but a state pre-emption statute struck down the ban, and the San Francisco District Attorney declared them legal as long as they are in compliance with state law.[35]

New York State:  State law prohibits anyone under the age of 16 from possessing an air gun.[citation needed]

iIllinios:  Air guns over .18 caliber or 700 fps are restricted.  Any air gun shooting a projectile over .18 caliber or any air gun shooting 700 fps (feet per second) or greater must go to FFL dealer.  The purchaser is required to have a valid FOID to make a purchase.  Shipmnet of such items to a delivery adddfress with Illinois is therefore restricted.

New Jersey:   Pellet guns & BB guns: Residents can buy them from us through a designated local gun store after acquiring the appropriate firearm permit (airguns are considered firearms per NJ state law: Title 2C:39-1). Shipment or delivery  of air gun, air rifle or other listed items  to a NJ address are therefore retsricted.

In New Jersy, your local gun store must fax a copy of their FFL to us in order for us to ship the gun you ordered.
[Airsoft guns may be restricted by some local laws. It is up to you to determine if airsoft guns may be owned/possessed/used without special permits in their locale.]

 

Special Note:  Along with state laws, local county laws or ordinances may be relevant to users of air guns. Generally, state laws do not mention air gun laws, but local counties do. We welcome any updates that our customers and friends wish to bring to our attention regarding these restrictions and laws. When appropriate, we will include them on this page. 

 


From Crossman website regarding restrictions:

From Crossman: LEGAL ISSUES RELATED TO AIRGUN USE

"The development of regulations related to use of arms of any type is a volatile area that undergoes rapid change. Just recently, the State of New York began to recognize airguns as legal tools for taking small game. Most states have done so for many years. However, even though some states allow hunting of small game with airguns, some species are excluded and only specifically designated species can be taken legally. In addition, regulations may not apply to the entire state with certain jurisdictions having unique regulations. The point is that anyone who plans to hunt with an airgun needs to do some homework first. Even a state by state list of regulations compiled a few months ago may be out of date. In general, the prevailing attitude is that an airgun is simply a “gun” and that regulations that apply to firearm use also apply to the use of airguns with the possible exclusion of certain species.

Regulations are in place in most states regarding transportation of “guns” as the term is applied to hunting. If it is required for firearms to be transported unloaded and cased, the same regulation applies to any airgun powerful enough to be used in hunting. If you are to be in error, make sure it is on the conservative side because you may have a difficult time convincing some conservation officer about the difference between a firearm and an airgun.

In my home state, any airgun that has a muzzle velocity over 700 ft/sec and any airgun of caliber larger than .18 (regardless of velocity) are considered to be firearms both with regard to purchase and possession. Age restrictions that apply to firearms also apply to such airguns. Consequently, a youngster can not simply take his or her airgun and go hunting. Such activity must be done in the presence of an adult who holds a legal firearm owners card. Obviously, all regulations that deal with licenses, permits, and bag limits apply equally to firearms and airguns. Whatever the rules are in the area where you plan to hunt, obey them religiously! One of the most sure ways to have more regulations imposed is to ignore those already in place. Hunters of all types must recognize that there is a rather large and growing segment of the population that believes that hunting should be abolished."










Products
Browse Categories
Browse by Manufacturer
Products