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Can You Face Felony Charges for Shooting a Pellet Gun?

By Hager & Schwartz, P.A.

June 30, 2020

In Florida, if you’re 16 years of age or older, you can own a pellet or BB gun. You won’t face criminal penalties for using the gun where and when authorized. However, if you willfully, maliciously, or wantonly fire the instrument in a manner prohibited by law, you could be accused of a felony offense.

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In this blog, we’ll discuss a few charges that can be levied against you for shooting a pellet gun.

How Florida Defines Pellet Guns and BB Guns

Because pellet guns and BB guns use air pressure rather than an explosive charge to propel projectiles, they are not considered firearms in Florida. According to Florida Statutes § 790.001(9), a firearm is a device that uses an explosive reaction to release a projectile. Thus, air-powered guns like pellet and BB guns fall outside this definition, impacting their regulation. 

Legal Ownership and Usage of Pellet Guns in Florida

Florida law does not have registration requirements for the possession of pellet or BB guns. Therefore, ownership is relatively straightforward. However, the law restricts the use of these instruments. Under Florida Statutes § 790.22(1), a minor under 16 years of age cannot use a BB or pellet gun unless an adult is supervising them. 

Usage of Pellet and BB Guns in Backyards

One of the most common questions about pellet and BB guns is whether they can be used in a homeowner’s backyard. Although backyard shooting of air-powered devices is not specifically prohibited by law, you should take caution if you intend to use yours at home. 

You may be charged with a crime if, while in your backyard, you shoot the pellet or BB gun into a private or public building (whether occupied or unoccupied) or an occupied vehicle. You could also face charges if the projectile causes property damage. Additionally, you could be charged if a minor under 16 years of age uses a pellet or BB gun on your property and you are not supervising them. 

Thus, although backyard shooting is not strictly prohibited, legal risks can arise from such conduct. 

Felony Charges for Firing into Buildings or Vehicles

Florida Statutes § 790.19 makes it illegal for a person to shoot a projectile or hurl a hard substance into buildings (whether occupied or not) and vehicles (when they are occupied). For a person’s actions to be considered a violation, they must have been done with the intent to cause harm or a disregard for what is right.

While pellet guns and BB guns are not classified as firearms under Florida law, their projectiles are hard substances that can cause damage or harm. The pellet or BB can shatter glass, injure occupants, or cause property damage. 

Suppose you’re driving along a highway, and you take your pellet gun out and start shooting at cars on the road with the intent to injure the other drivers or passengers. In this scenario, you are breaking the law.

For using your pellet gun to shoot into vehicles, you may be charged with a second-degree felony. A conviction can lead to imprisonment for up to 15 years and/or a fine of up to $10,000.

Consequences of Damaging Property with a Pellet Gun

Damaging someone’s property with a pellet or BB gun might seem like a minor infraction. However, it can result in criminal charges and harsh penalties. 

Florida’s criminal mischief law (Florida Statutes § 806.13) concerns willful and malicious acts that damage another person’s property by any means. If the amount of the damage is $200 or more, criminal charges can be imposed. Even minor incidents can meet the legal threshold. 

Pellet and BB Guns and Property Damage

Despite their small size, pellets and BBs can cause significant property damage. Shooting at a neighbor’s fence or damaging a parked car can lead to legal consequences. In these cases, demonstrating a lack of willful and malicious intent could reduce the severity of the charges.

For lower-dollar offenses, criminal mischief is a misdemeanor with penalties depending on the value of the property damage:

  • Damage under $200: Up to 60 days in jail and/or up to $500 in fines.
  • Damage of more than $200 but less than $1,000: Up to 1 year in jail and/or up to $1,000 in fines.

Understanding Felony Criminal Mischief

Criminal mischief can escalate to a third-degree felony when the damage amount is $1,000 or more or the act disrupts business operations.

In some cases, regardless of the amount of damage caused, a third-degree felony charge may also be levied.

Such situations include:

  • When the property damaged is a place of worship or a religious article
  • When the damage is caused to equipment used for telephone communications and the act causes the telephone to become inoperative
  • When the property damaged is a sexually violent predator facility or an object within the institution

In Florida, a third-degree felony can result in up to 5 years in prison and/or a fine of up to $5,000.

Address Felony Charges for BB and Pellet Gun Misuse with Legal Help

Being charged with a felony because of the use of a pellet or BB gun can be a frightening and transformative event. Conduct involving these instruments can lead to criminal mischief or improper projectile discharge charges. If you’re found guilty, you could face harsh punishments. These penalties can affect your freedom, finances, and future.

If you’re facing charges for actions involving a pellet gun, seek legal guidance immediately. These cases can be complex, especially in terms of proving malicious intent. A lawyer can thoroughly examine your situation and discuss available defenses.

If you’ve been charged with a crime in Daytona Beach, our criminal defense lawyers at Hager & Schwartz, P.A. can aggressively defend you. Contact us today.

FAQs About Pellet Gun Use in Florida

If you own or use a pellet gun in Florida, understanding the laws and avoiding potential legal trouble is crucial. Below, we answer some of the most frequently asked questions to help you navigate this complex topic.

What Is Considered “Malicious Intent” When Using a Pellet Gun?

Malicious intent is a deliberate desire to cause harm or destruction without legal justification or excuse. In other words, it is purposeful behavior meant to hurt a person or thing as opposed to accidental actions.

Examples of malicious intent include:

  • Deliberately aiming at and destroying someone’s property
  • Shooting at animals or people without provocation
  • Targeting public or private buildings

Are There Any Areas Where I Should Never Fire a Pellet Gun, Even if I’m on Private Property?

Yes, you should avoid using your pellet gun in certain areas.

Places where you should never fire your pellet gun include:

  • Public areas: It’s illegal to carry or use pellet guns in public spaces.
  • Buildings: Whether the building is occupied or unoccupied, firing a pellet gun into it is unlawful.
  • High-risk areas: Do not fire your pellet gun near people, vehicles, or property that could be damaged. Projectiles can cause injury or destruction, leading to legal consequences. 

Be safe when shooting your pellet gun and verify that the environment is secure and isolated to prevent accidents.

What Should I Do if I’m Charged with a Felony for Using a Pellet Gun?

If you’re accused of a felony offense involving a pellet gun, taking the proper steps can make a difference in your case.

Things you can do after being charged include:

  • Avoid self-incrimination: Do not talk to anyone else about the event until you have legal representation. Your statements could be used against you.
  • Seek legal representation: Hire an attorney immediately. They can investigate your case, protect your rights, and build a defense.
  • Understand your defense options: Depending on the facts, possible defenses include lack of intent, accidental actions, or mistaken identity.