Air Rifle Law?

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
User avatar
peak
Posts: 9
Joined: Wed Jan 04, 2006 1:02 am
Location: S.W. Corner

Air Rifle Law?

Post by peak »

I live outside of the city limits in the township. I have a pellet gun. I have looked all over the net for any info on the legality of shooting squirrels in the backyard such as distance from houses, are air rifles "firearms", etc. Actually, I tried to find the legal distance from a house for shooting a "firearm" and found nothing. I was thinking 300 feet or something. Anyone have any info?

Thanks
User avatar
color of law
*** Banned ***
Posts: 3623
Joined: Sun Nov 25, 2007 10:03 pm
Location: Cincinnati area

Re: Air Rifle Law?

Post by color of law »

2923.162 Discharge of firearm on or near prohibited premises.

(A) No person shall do any of the following:

(1) Without permission from the proper officials and subject to division (B)(1) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery;

(2) Subject to division (B)(2) of this section, discharge a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution;

(3) Discharge a firearm upon or over a public road or highway.

(B)(1) Division (A)(1) of this section does not apply to a person who, while on the person’s own land, discharges a firearm.

(2) Division (A)(2) of this section does not apply to a person who owns any type of property described in that division and who, while on the person’s own enclosure, discharges a firearm.

(C) Whoever violates this section is guilty of discharge of a firearm on or near prohibited premises. A violation of division (A)(1) or (2) of this section is a misdemeanor of the fourth degree. A violation of division (A)(3) of this section shall be punished as follows:

(1) Except as otherwise provided in division (C)(2), (3), or (4) of this section, a violation of division (A)(3) of this section is a misdemeanor of the first degree.

(2) Except as otherwise provided in division (C)(3) or (4) of this section, if the violation created a substantial risk of physical harm to any person or caused serious physical harm to property, a violation of division (A)(3) of this section is a felony of the third degree.

(3) Except as otherwise provided in division (C)(4) of this section, if the violation caused physical harm to any person, a violation of division (A)(3) of this section is a felony of the second degree.

(4) If the violation caused serious physical harm to any person, a violation of division (A)(3) of this section is a felony of the first degree.
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
Posts: 3436
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio

Re: Air Rifle Law?

Post by cashman966 »

An Air rifle is not a firearm

The only reference in the ORC is in this section
2909.08 Endangering aircraft or airport operations.
(A) As used in this section:

(1) “Air gun” means a hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.

(2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code.

(3) “Spring-operated gun” means a hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
Since it differentiated between air gun and firearm they are not one in the same.

Here is the definition of Firearm
(B)(1) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
The highlighted sentence is what makes the difference

As to hunting squirrels
Hunting Methods
Unless otherwise indicated, game may be taken with longbow, crossbow, or any caliber handgun, rifle, shotgun (10 gauge or smaller), or airgun. Be safe and choose the appropriate method for the species
I do not hunt but I believe you will need to follow season and bag limits even though you are on your own property.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
User avatar
peak
Posts: 9
Joined: Wed Jan 04, 2006 1:02 am
Location: S.W. Corner

Re: Air Rifle Law?

Post by peak »

All of this is what I was thinking. Mainly because it is NOT a firearm. Is there anything about how far one has to be from a house when discharging a firearm? Say as in target shooting in the back yard.
Buckshot
Posts: 3504
Joined: Sat Aug 06, 2005 10:52 pm
Location: Lima, Ohio

Re: Air Rifle Law?

Post by Buckshot »

peak wrote:All of this is what I was thinking. Mainly because it is NOT a firearm. Is there anything about how far one has to be from a house when discharging a firearm? Say as in target shooting in the back yard.
The distance I believe you are looking for is in the hunting laws.

IIRC, it does not apply to property you own or property where you were invited there by the owner for that various purpose.

Your local game warden would probably be the easiest answer for these questions.

Buckshot
User avatar
OhioPaints
Posts: 5666
Joined: Sat May 13, 2006 4:22 pm
Location: Brown Co./ southern Ohio

Re: Air Rifle Law?

Post by OhioPaints »

FWIW, the local village claims Ohio law prohibits the discharge of any firearm, air gun or bow and arrow within municiple limits. This was brought up after a complaint about a guy practicing in his yard with a bow and arrow.

I know the OP lives outside of village limits, but I thought it worth mentioning here. I don't know if the police claim is valid or not.

Ken
The more law-abiding people that have guns, the better off we are," Hamilton County Prosecutor Joe Deters said. "Because the bad guys always have guns, You look at these school shootings or church shootings, the ones that have been stopped, it was because someone there had a gun."
User avatar
color of law
*** Banned ***
Posts: 3623
Joined: Sun Nov 25, 2007 10:03 pm
Location: Cincinnati area

Re: Air Rifle Law?

Post by color of law »

I have never found a state law in Ohio that regulates BB gun or pellet gun use on your own property. ORC 9.68 does not cover the discharge of firearms.
921.01 Pesticide definitions
(II) “Pest” means a harmful, destructive, or nuisance insect, fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic plant or a harmful or destructive form of plant or animal life or virus, or any plant or animal species that the director declares to be a pest, except viruses, bacteria, or other microorganisms on or in living animals, including human beings.
Squirrels are considered "Game animal": Includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
But, my understanding is if the animal is destroying your property you can eliminate the problem.
willbird
OFCC Member
OFCC Member
Posts: 11446
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: Air Rifle Law?

Post by willbird »

I know SOME villages prohibit firing air guns and bows/crossbows. Grand Rapids Ohio for example DOES, but Swanton, OH as far as I know does not prohibit bows/crossbows.
Have a great day today unless you have made other plans :-).
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
Posts: 3436
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio

Re: Air Rifle Law?

Post by cashman966 »

OhioPaints wrote:FWIW, the local village claims Ohio law prohibits the discharge of any firearm, air gun or bow and arrow within municiple limits. This was brought up after a complaint about a guy practicing in his yard with a bow and arrow.

I know the OP lives outside of village limits, but I thought it worth mentioning here. I don't know if the police claim is valid or not.

Ken
Delaware also prohibits discharging a weapon, but doesn't quote any ORC
549.08 POINTING AND DISCHARGING FIREARMS.
(a) Except as provided in subsections (c) and (d) hereof, no person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm, or make use of any sling or arrow, within the corporate limits of the Municipality.
(b) No person shall, intentionally and without malice, point or aim a firearm at or toward another or discharge a firearm so pointed or aimed.
(c) This section does not extend to cases in which firearms, slings or arrows are used in self-defense, in the discharge of official duty or in justifiable homicide.
(d) This section does not extend to cases in which BB guns and other air guns, or slings or arrows, are used in the confines of dwellings, provided such use is under adult supervision and is approved by the Chief of Police.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
Posts: 3436
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio

Re: Air Rifle Law?

Post by cashman966 »

color of law wrote:Squirrels are considered "Game animal": Includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
But, my understanding is if the animal is destroying your property you can eliminate the problem.
OAC1501:31-15-03 Nuisance wild animal regulations.

(A) Landowners and tenants:

It shall be lawful for any person to trap live, non-migratory animals, except white-tailed deer, black bear, or wild turkey when such animals have become a nuisance. Such trapping shall be in accordance with the following provisions:

(1) It shall be unlawful for any person to set or use a trap to capture wild animals, unless such trap has attached thereto a durable waterproof tag bearing the name and mailing address of the user in english letters legible at all times, or which has the name and mailing address of the user stamped into such trap in english letters legible at all times.

(2) It shall be unlawful for any person to possess such live-trapped animals longer than twenty-four hours from the time of capture.

(3) It shall be unlawful for any person to live-trap animals on the lands of another without first obtaining written permission from the owner or his authorized agent.

(4) Every person who live-traps a wild animal shall release such animal outside the limits of any incorporated village or city. Animals shall not be released on public or private property without the permission of the landowner. Provided further, raccoon, skunk, opossum, beaver, coyote, or fox shall be euthanized or released on site.


1501:31-15-03(B)(4)Wild animals which are causing damage and which cannot be live-trapped because of certain conditions may be killed by licensed nuisance wild animal trappers or other persons only after such trappers or other persons apply for and receive written permission from the chief of the division of wildlife or his designee.
Squirrel is in season September 1 through January 31. The OP can bag up to 6 a day, no license needed on his own property. Outside of squirrel season the OP's only legal option is live trapping unless he can show that live trapping is not possible, and gets written permission from the chief of the division of wildlife to kill them.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
User avatar
BobK
Posts: 15602
Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Every town is different

Post by BobK »

willbird wrote:I know SOME villages prohibit firing air guns and bows/crossbows. Grand Rapids Ohio for example DOES, but Swanton, OH as far as I know does not prohibit bows/crossbows.
Yes, there is no general answer here because one needs to review the code in each city or town. As the following examples demonstrate, each situation needs to be looked at individually -- there isn't any "rule of thumb".

For example, in Central Ohio, shooting a bow is legal in Columbus, unless you are in a city park:
Columbus OH wrote:Chapter 919 PARK RULES AND REGULATIONS, 919.15 Archery.
No person, without privilege to do so, shall use any crossbow, bow, arrow, slingshot or any other projectile propelling device. (Ord. 1648-91.)
In addition, you are alllowed to hunt on your own property in Columbus:
Columbus OH wrote:2327.16 Killing or molesting wild animals.
(A) No unauthorized person shall hunt, trap, molest or kill any wild animal. This section shall not apply to property owners on their own property;
(B) Whoever violates this section is guilty of killing or molesting wild animals, a misdemeanor of the first degree. (Ord. 2535-94.)
Worthington OH ordinance allows bow and arrow on your own property, but disallows hunting. I could easily hunt and bag deer in my mother's back yard if this wasn't illegal:
Worthington OH wrote:549.09 THROWING OR SHOOTING MISSILES.
(a) No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property, in or on any public place, in or on the property of another, or from any private property into or onto any public place or the property of another. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
Worthington OH wrote:505.11 HUNTING AND TRAPPING.
(a) Hunting. No person shall hunt game animals or game birds within the City.
Upper Arlington OH allows bow and arrow on your own property so long as you do not endanger any person or property. There is no mention of hunting in their code.
Upper Arlington OH wrote:§523.08 SLINGSHOT; BOW AND ARROW; AIR GUN
No person shall throw, shoot, cast or sling by hand or by slingshot, bow, airgun or other device, any stone, arrow, pellet, missile or other object capable of causing injury, on or across any street or other public property or on or across private property in such a way as to endanger any person or property; provided, however, that this section shall not prohibit the playing of baseball, football and similar games on public property on which the playing of such games has been authorized by proper authority.
Hilliard allows bow and arrow on your own property so long as is doesn't endanger any person or property.
Hilliard OH wrote:549.09 SLINGSHOT; BOW AND ARROW; AIR GUN.
(a) No person shall throw, shoot, cast or sling by hand or by slingshot, bow, airgun or other device, any stone, arrow, pellet, missile or other object capable of causing injury, on or across any street or other public property, or on or across private property in such a way as to endanger any person or property. However, this section shall not prohibit the playing of baseball, football and similar games on public property on which the playing of such games has been authorized by proper authority. (1980 Code 136.17)
In Dublin, the no hunting ordinance specifically defines
DUBLIN OH wrote:§ 91.08 HUNTING PROHIBITED.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) COMPOUND BOW. A long bow whereby the manual release and draw of the string is aided by mechanical pulleys or other devices attached to the bow.
CROSS BOW. Any device whereby an arrow, dart or other projectile is directed toward a target by the mechanical release of a string, usually but not necessarily, by the pulling of a trigger, attached to a fixed object or bow.
LONG BOW. That hunting weapon whereby a projectile or arrow is directed toward a target by means of the manual drawing and release of a string attached to a pole or rod known as a bow.

(B) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, air rifle or any other means within the corporate limits of the municipality.

(C) It shall hereafter be unlawful within the limits of the municipality for any person to hunt, kill, wound or pursue any wildlife or any game animal otherwise permitted to be lawfully hunted, killed or pursued, when such hunting or killing is by means of a long bow, cross bow or compound bow. It shall be a violation of this section to hunt or kill such animals or wildlife as herein proscribed, whether or not the killing or hunting of such game animal or wildlife occurs during an otherwise lawful hunting season.
However, bows are not mentioned anywhere in the code, so shooting on your own property is OK.

However, Dublin's park ordinances have some preemption problems making them unenforceable:
DUBLIN OH wrote:§ 96.23 FIREARMS, WEAPONS, FIREWORKS AND EXPLOSIVES.
(A) No person in a park except officers or the director shall carry on his or her person firearms of any description, knives, bows and arrows, crossbows, air and gas guns, missiles or missile-throwing devices, or other dangerous weapons without having first obtained written permission from the Director.

(B) No person except officers or the Director shall discharge into a park a firearm, arrow, air or gas gun, missile, slingshot or any missile-throwing device without having first obtained written permission from the Director.

(C) No person in a park except officers or the Director shall shoot an arrow or discharge a firearm, air or gas gun, missile or slingshot without having first obtained written permission from the Director.

(D) Firearms, bows and arrows, knives, air or gas guns, missiles, slingshots or other missile-throwing devices or any snares or traps in a park may be confiscated by officers or the Director.
Can anyone spell "Clyde"?

Westerville OH flat out bans shooting bow and arrow on your own property:
Westerville OH wrote:523.09 DISCHARGING WEAPONS.
(a) No person shall discharge, or cause to be discharged, any firearm or airgun or other instrument used to explode any cartridge or thing filled with any explosive substance or material.
(b) No person shall discharge, or cause to be discharged, any arrow or other projectile capable of inflicting death or serious physical harm to persons or property, from any device or instrument including, but not limited to, a zip-gun, slingshot, crossbow, compound bow or any type of bow commonly used for hunting purposes. This subsection shall not apply to supervised commercial archery ranges or State accredited schools offering instruction in the use of such weapons.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
User avatar
TRDFurgesson
Posts: 78
Joined: Mon Jul 18, 2011 4:20 pm
Location: Powell
Contact:

Re: Air Rifle Law?

Post by TRDFurgesson »

So, from what I can tell, I can shoot a bb gun into a bb trap on my own property unless there is a specific ordinance against it? My address says Powell, but we are serviced by Columbus PD just inside Franklin County off Smokey Row Rd.
Thanks, Bobby

http://www.ashlandlakegunclub.org/idpa/index.html

A Glock that is not maintained will last, a Glock that is maintained will last a long time, and a Glock that is well maintained will last longer than you will.
Post Reply