Bill > S454

Introduced Session

This bill would clarify that "airsoft" guns constitute firearms and therefore are subject to this States strict laws regulating the sale, possession, and use of firearms. Airsoft guns are replica firearms used primarily for sporting and recreational purposes, including military games. They use compressed-air, gas, or spring or electric-operated pistons to shoot non-metallic pellets or balls. Because these guns shoot plastic rather than metal pellets, it is not clear under current law whether they are considered firearms similar to "BB" guns. Therefore, the bill revises the definition of a firearm by specifying that any air gun, spring gun, gun utilizing a gas or electric-operated piston, pistol, including one that is shoulder-fired, or similar weapon which ejects a pellet or ball made of polymer or metallic-coated polymer constitutes a firearm. Under this revised definition, airsoft guns would be considered firearms and regulated similar to BB guns. For example, a person would have to be at least 21 years of age to purchase an airsoft handgun or 18 years of age to purchase airsoft rifles. The person also would have to obtain a permit to purchase the gun, pass a criminal background check, and not be subject to any disqualifications for firearms ownership. Police officers in municipalities throughout this State report an increase in the use of these authentic looking airsoft guns by juveniles. While federal law mandates that toy guns have an orange tip, including airsoft guns, they have been known to be sold without these tips. And even if they are lawfully sold with the appropriate tip, both juvenile and adult buyers often alter the tips so that they cannot be differentiated from real guns. This situation resulted in tragedy in Longwood, Florida when 15 year-old Chris Penley threatened his classmates with an airsoft gun which appeared to be a Beretta 9mm. Penley was killed when he pointed the gun at a police officer. It is the sponsors hope that such tragic consequences can be avoided in this State by strictly regulating airsoft guns.

Committee Categories

Nick Scutari (D),  Bob Smith (D), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/12/2010)