Are airsoft guns considered firearms under federal law, specifically with regards to regulations surrounding purchase, ownership, transportation across state lines, and potential modifications, considering their classification is not always immediately clear and seems to vary by jurisdiction? I’m particularly interested in understanding the nuances related to federal law versus state and local laws, and whether the presence of features that mimic real firearms, such as realistic weight, size, and appearance, influences their legal status under federal law. Also, how do customs and border protection treat airsoft guns being imported into the US?

Answer

No, airsoft guns are generally not considered firearms under U.S. federal law.

Explanation:

The key piece of legislation is the National Firearms Act (NFA) and the Gun Control Act of 1968 (GCA). These laws define firearms based primarily on whether the device expels a projectile using an explosive charge.

  • Firearm Definition (GCA): The GCA defines a firearm as: "(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; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm."

  • Airsoft Guns and Explosives: Airsoft guns typically use compressed gas (like CO2 or green gas) or an electric motor to propel plastic BBs. They do not use explosives as the primary means of propulsion.

Therefore: Airsoft guns do not meet the federal definition of a firearm because they do not use an explosive charge to expel a projectile.

Important Considerations:

  • State and Local Laws: While federal law generally doesn’t classify airsoft guns as firearms, state and local laws vary significantly. Some jurisdictions may have specific regulations regarding airsoft guns, including restrictions on their sale, possession, transportation, and use. Some cities or states may regulate them more strictly, potentially treating them similarly to firearms in certain contexts (e.g., requiring orange tips, restricting carry in public).
  • Replica Firearms: The GCA also addresses "replica firearms," particularly those that are difficult to distinguish from real firearms. Federal law requires airsoft guns to have specific markings, such as an orange tip on the barrel, to differentiate them from actual firearms. This is primarily to prevent confusion and potential misuse. 15 U.S. Code ยง 5001 addresses this.
  • NFA Items: Airsoft guns are not generally subject to the NFA, which covers items like machine guns, short-barreled rifles, and silencers. Because airsoft guns do not fire projectiles using explosives, they do not fall under the NFA’s purview.
  • Modifications: If an airsoft gun were modified to use an explosive charge or otherwise meet the federal definition of a firearm, it could then be subject to federal firearm laws.
  • Brandishing and Misuse: Even though airsoft guns are not firearms under federal law, brandishing one in a threatening manner or using it to commit a crime can lead to serious legal consequences, potentially including charges similar to those for using a real firearm.
  • Federal Preemption: Federal law doesn’t entirely preempt state or local law in this area. States and municipalities can enact stricter regulations on airsoft guns than those imposed by the federal government.

In summary: Federal law distinguishes airsoft guns from firearms because they do not utilize explosives for propulsion. However, one must always be aware of and comply with all applicable state and local laws regarding their ownership, use, and transportation.