A study has found that non-powder guns like BB guns, paintball pistols, and air rifles cause injury to as many as 21,000 people each year in the United States. According to an American Academy of Pediatrics’ Committee on Injury, Violence and Prevention report, in 2000, an estimated 21,840 non-powder gun-related injuries were treated in hospital emergency departments nationwide – the majority were children aged 5 to 14. The Centers for Disease Control and Prevention reported that 19,163 injuries related to non-powder guns occurred in 2003. According to the United States Constitution’s Second Amendment, the people’s right to keep and bear arms cannot be infringed. This amendment is often cited by BB gun owners when they are arguing against local or state BB gun laws.
Federal Laws on BB Guns
Federal law puts restriction on who can possess, own or sell a gun. BB guns are included in some of these federal laws. The Brady Act is a federal law that prohibits business and personal ownership, possession and use of a BB gun if you:
- Were convicted of a crime that sent you to prison for over a year
- Illegally use, or are addicted to, any controlled substance
- Are a fugitive
- Are committed to a mental institution, or have been ruled mentally defective by a court
- Living unlawfully in the United States as an illegal alien
- Were dishonorably discharged from the US Armed Forces
- Renounced your citizenship, if you are a citizen of the US
- Were convicted of domestic violence in any court
- Are subject to a restraining order involving your intimate partner, the child of your partner, or children
If you fall into any one of the categories or situations mentioned above, make sure that you consult a local attorney to find out if you can use, buy or own a BB gun.
Legal Factors to Review
There are a couple of legal factors that a legal counselor can review with you, including:
- What being charged with violating a federal firearms law or a state BB gun law means, which includes elements of the crime, defenses that can potentially be used and the length of a possible criminal sentence
- If you or someone you know is a victim of BB gun violence, whether it is possible to recover damages from the assailant/assailants and/or their employers
Safety Tips for BB Guns
- Follow local and state laws on BB guns as well as federal firearm laws.
- If you sell or own BB guns, handle them with extreme caution and care.
- Check applicable state and local laws if you are planning to use your BB gun outside of your home state.
- If it is against the law, never allow children to play with BB guns. Even if it is legal, make sure that you train them properly on how to safely use BB guns and that there is adult supervision at all times.
- Do not use a BB gun after consuming alcohol or if you are under the influence of drugs.
If you or a loved one has been seriously injured due to a BB gun, make sure that you seek the help of the skilled and experienced personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We want to see if your case is viable or not. If it is, we will lead the charge for you to obtain justice. We know how to win cases. You lose nothing by giving us a call. Call RMFW Law today!
