Legality of air rifles for hunting

[Bob33]

As a hunter education instructor, this question comes up from time to time.  I asked WDFW to clarify this for me.  Following is an an email sent to all WDFW enforcement officers in Washington, on which I was cc'd.

To All,
 
Over the past few months, I have been asked by several different Hunter Education Instructors about whether or not it is legal  to use “Pellet Guns” for hunting?    The reason that I am sending this to the field, is that again, I have had several of these instructors say that they have had a “mixed bag” of responses from our officers (Yes, No & Maybe) during the classes when this question has come up.  So, I want  to make sure that everyone has the right answer and gives a standard uniform response when they are at a Hunter Education class (or are asked in the field). 
 
The answer is;  “No” pellet guns are not legal to hunt with and this comes from two sources;
 
WAC 232-12-047
Unlawful methods for hunting.

(1) It is unlawful to hunt any big game with:
     (a) A fully automatic firearm.
     (b) A centerfire cartridge less than 22 caliber for cougar.
     (c) A centerfire cartridge less than 24 caliber for any other big game.
     (d) A shotgun, provided that a 20 gauge, or larger shotgun, using shells loaded with slugs or buckshot size #1 or larger, may be used to hunt deer, bear, and cougar.
     (e) A shotgun for any other big game, except that a 12 gauge or 10 gauge shotgun using slugs may be used.
     (f) A handgun during a modern firearm season that does not meet the following criteria: Have a minimum barrel length of four inches, per manufacturer's specification, and fire a centerfire cartridge.
     (g) Any rimfire cartridge.
     (2) It is unlawful to hunt game birds with a shotgun capable of holding more than three shells.

     (3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, or by falconry, except in those designated areas where crossbows are allowed.

     (4) Rules pertaining to crossbows:
     (a) It is unlawful to hunt big game animals with a crossbow with a draw weight less than 125 pounds, a limb width less than 24 inches, a draw length less than 14 inches, and a trigger safety that does not work properly.
     (b) It is unlawful to hunt big game animals with any arrow or bolt measuring less than 16 inches in length and weighing less than 350 grains.
     (c) It is unlawful to hunt game animals or game birds with a crossbow that weighs more than 15 pounds.
     (d) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead and the broadhead blade or blades are less than seven-eighths inch wide.
     (e) It is unlawful to hunt big game animals with a broadhead blade unless the broadhead is unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width and forming a smooth line toward the feather end of the shaft, and such line does not angle toward the point.
     (f) It is unlawful to hunt big game animals with a retractable broadhead.
     (5) Hunters with disabilities may use a crossbow with a special use permit as conditioned in WAC 232-12-054.
     (6) It is unlawful to hunt game animals or game birds with a shotgun larger than 10 gauge.
     (7) It is unlawful to hunt game birds with a rifle or handgun, with the exception of blue grouse, spruce grouse and ruffed grouse.
     ( A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.
And;
 
RCW 9.41.10      defines a firearm:

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.


A pellet gun does not utilize an “explosive” to fire the projectile, it is fired by compressed air so it is not a firearm. 
 
Thanks & Be Safe,
 
 
Sgt. Eric Anderson
WDFW  Enforcement
Olympia, WA
(360) 902-2426 Office
(360)640-0493 Cell

[Kain]

Now we just need a list of what animals are considered "game" animals.  And then we need to get the law changed to include air rifles of fps for some small game.

[Bob33]

Now we just need a list of what animals are considered "game" animals.  And then we need to get the law changed to include air rifles of fps for some small game.

" "Game animal" means wild animals that shall not be hunted except as authorized by the commission."
http://apps.leg.wa.gov/WAC/default.aspx?cite=232-36-030

[predatorpro]

you mean i cant use my pellet gun for muleys this year? dang it!!!! j/k! so are pellet guns only legal to shoot the allusive pop can with

[high country]

what about the air rifles that toss the 200gr .451 slug at 750fps....those are nuts!

[vmkeith]

That means my potato cannon is good to go    It's portable, utilizes an "explosive" to fire a projectile (hairspray with a BBQ igniter), and is larger than .24 cal 

[brewknife]

OK, so that leaves my Daisy out, but what about my bazooka?

[NWHydroprint]

Be carefull with those spud guns. This is directly from the ATF'S webs site:

Any person desiring a classification of a “potato gun,” “spud gun” or similar device must submit a written request (not e-mail) to the Director and include a complete and accurate description of the device, the name and address of the manufacturer or importer, the purpose for which it is intended, and such photographs, diagrams, or drawings as may be necessary to make a classification. A final determination may require physical examination of the device. Such requests for classification should be submitted to: Bureau of ATF, Firearms Technology Branch.

Since a potato gun uses a explosive to propel an object it can be classified as a firearm (crazy if you ask me).

[vmkeith]

Are you kidding me...they actually regulate potatoe guns   Doesn't the government have anything better to do 

[jeepster]

thats bogus about not being able to use an airgun... i have a benjamin sheridan in .22 with a tricked out valve that pushes a pellet around 980fps with an elcheapo 6.5-20x50mm lense on it....


i wonder if you would have to have an ffl to sell a spud gun.....

[MikeWalking]

I think high quality Air Guns should be legalized for small game, Rabbit, Forest Grouse, Squirrel..

Saw a pretty wild video years back of a guy doing pest control for a Utility District. A custom .30cal Air rifle hooked up to 3 Scuba tanks, talk about spinning rabbits...

[alex77147]

As a hunter education instructor, this question comes up from time to time.  I asked WDFW to clarify this for me.  Following is an an email sent to all WDFW enforcement officers in Washington, on which I was cc'd.

To All,
 
Over the past few months, I have been asked by several different Hunter Education Instructors about whether or not it is legal  to use “Pellet Guns” for hunting?    The reason that I am sending this to the field, is that again, I have had several of these instructors say that they have had a “mixed bag” of responses from our officers (Yes, No & Maybe) during the classes when this question has come up.  So, I want  to make sure that everyone has the right answer and gives a standard uniform response when they are at a Hunter Education class (or are asked in the field). 
 
The answer is;  “No” pellet guns are not legal to hunt with and this comes from two sources;
 
WAC 232-12-047
Unlawful methods for hunting.

(1) It is unlawful to hunt any big game with:
     (a) A fully automatic firearm.
     (b) A centerfire cartridge less than 22 caliber for cougar.
     (c) A centerfire cartridge less than 24 caliber for any other big game.
     (d) A shotgun, provided that a 20 gauge, or larger shotgun, using shells loaded with slugs or buckshot size #1 or larger, may be used to hunt deer, bear, and cougar.
     (e) A shotgun for any other big game, except that a 12 gauge or 10 gauge shotgun using slugs may be used.
     (f) A handgun during a modern firearm season that does not meet the following criteria: Have a minimum barrel length of four inches, per manufacturer's specification, and fire a centerfire cartridge.
     (g) Any rimfire cartridge.
     (2) It is unlawful to hunt game birds with a shotgun capable of holding more than three shells.

     (3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, or by falconry, except in those designated areas where crossbows are allowed.

     (4) Rules pertaining to crossbows:
     (a) It is unlawful to hunt big game animals with a crossbow with a draw weight less than 125 pounds, a limb width less than 24 inches, a draw length less than 14 inches, and a trigger safety that does not work properly.
     (b) It is unlawful to hunt big game animals with any arrow or bolt measuring less than 16 inches in length and weighing less than 350 grains.
     (c) It is unlawful to hunt game animals or game birds with a crossbow that weighs more than 15 pounds.
     (d) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead and the broadhead blade or blades are less than seven-eighths inch wide.
     (e) It is unlawful to hunt big game animals with a broadhead blade unless the broadhead is unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width and forming a smooth line toward the feather end of the shaft, and such line does not angle toward the point.
     (f) It is unlawful to hunt big game animals with a retractable broadhead.
     (5) Hunters with disabilities may use a crossbow with a special use permit as conditioned in WAC 232-12-054.
     (6) It is unlawful to hunt game animals or game birds with a shotgun larger than 10 gauge.
     (7) It is unlawful to hunt game birds with a rifle or handgun, with the exception of blue grouse, spruce grouse and ruffed grouse.
     ( A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.
And;
 
RCW 9.41.10      defines a firearm:

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.


A pellet gun does not utilize an “explosive” to fire the projectile, it is fired by compressed air so it is not a firearm. 
 
Thanks & Be Safe,
 
 
Sgt. Eric Anderson
WDFW  Enforcement
Olympia, WA
(360) 902-2426 Office
(360)640-0493 Cell

what propels a projectile is pressure, I think as long as there is enough power an airgun should be allowed to hunt small game, there are big bore air guns out there that have enough power to take large game.  I myself want to hunt with my .22 air rifle capable of 60fpe shooting a 32grain pellet at over 900fps.  Did you guys know Lewis and Clark hunted with an airgun? here is a vid: https://www.youtube.com/watch?v=-pqFyKh-rUI

 

[paytonma]

ive seen ted nugent drop a 150 lb boar in its tracks with an air rifle 

[Fl0und3rz]

Zombie thread, I know.

Air rifle for unclassified game, including some squirrels.

Note the game management plan link at the page below.

http://wdfw.wa.gov/help/questions/356/I+heard+about+hunting+unclassified+wildlife.+What+do+I+need+to+purchase+and+what+type+of+weapons+can+I+use+to+hunt+them%3F

[Firedogg]

A coyote is unclassified and you can shoot it with a pellet gun, a raccoon or a cotton tail rabbit is a game-fur bearing animal and you cannot use a pellet gun to hunt them. Now that makes a whole ton of sense?

  I guess I will just stick to shooting the neighbors dog with paintballs when it raids my trash can.

[high country]

So if the air was released due to the ignition of a primer.......

[Bob33]

http://www.foxnews.com/us/2015/09/29/court-ruling-makes-minnesota-latest-state-to-call-bb-gun-firearm/?intcmp=hpbt3

[dreamunelk]

If you want air guns to be legal for certain species request it.  It really is that simple.  The next time the wdfw is asking for input on season settings and rules.  Make an intelligent request.  Even better research some other states rules and use those as an example.  With a few requests it will likely end up on the one of the surveys.  Get enough hunters to say yes and it will go likely get approved.  To ensure it gets approves have multiple people show up at a commission meeting requesting it.   I know the wdfw would side with hunters if good rules based on evidence from other states where used. 
There are many situations where animals as large as deer can be taken safely and ethically with airguns.  Hopefully some will realize that airguns could be a useful tool in reducing urban deer and turkey populations. 

[Loki_762]

Zombie thread, I know.

Air rifle for unclassified game, including some squirrels.

Note the game management plan link at the page below.

http://wdfw.wa.gov/help/questions/356/I+heard+about+hunting+unclassified+wildlife.+What+do+I+need+to+purchase+and+what+type+of+weapons+can+I+use+to+hunt+them%3F

Well hot damn.  Gonna have to take the Marauder for a stroll through the woods! Thanks for the link!
Chris

[bowhunterwa87]

I take my sam yang 909s 45 out all the time. Good fun and takes unclassified animals with ease. I wish we could use them for big game. I know you can in many states for deer.

[ztirffritz]

As a hunter education instructor, this question comes up from time to time.  I asked WDFW to clarify this for me.  Following is an an email sent to all WDFW enforcement officers in Washington, on which I was cc'd.

To All,
 
Over the past few months, I have been asked by several different Hunter Education Instructors about whether or not it is legal  to use “Pellet Guns” for hunting?    The reason that I am sending this to the field, is that again, I have had several of these instructors say that they have had a “mixed bag” of responses from our officers (Yes, No & Maybe) during the classes when this question has come up.  So, I want  to make sure that everyone has the right answer and gives a standard uniform response when they are at a Hunter Education class (or are asked in the field). 
 
The answer is;  “No” pellet guns are not legal to hunt with and this comes from two sources;
 
WAC 232-12-047
Unlawful methods for hunting.

(1) It is unlawful to hunt any big game with:
     (a) A fully automatic firearm.
     (b) A centerfire cartridge less than 22 caliber for cougar.
     (c) A centerfire cartridge less than 24 caliber for any other big game.
     (d) A shotgun, provided that a 20 gauge, or larger shotgun, using shells loaded with slugs or buckshot size #1 or larger, may be used to hunt deer, bear, and cougar.
     (e) A shotgun for any other big game, except that a 12 gauge or 10 gauge shotgun using slugs may be used.
     (f) A handgun during a modern firearm season that does not meet the following criteria: Have a minimum barrel length of four inches, per manufacturer's specification, and fire a centerfire cartridge.
     (g) Any rimfire cartridge.
     (2) It is unlawful to hunt game birds with a shotgun capable of holding more than three shells.

     (3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, or by falconry, except in those designated areas where crossbows are allowed.

     (4) Rules pertaining to crossbows:
     (a) It is unlawful to hunt big game animals with a crossbow with a draw weight less than 125 pounds, a limb width less than 24 inches, a draw length less than 14 inches, and a trigger safety that does not work properly.
     (b) It is unlawful to hunt big game animals with any arrow or bolt measuring less than 16 inches in length and weighing less than 350 grains.
     (c) It is unlawful to hunt game animals or game birds with a crossbow that weighs more than 15 pounds.
     (d) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead and the broadhead blade or blades are less than seven-eighths inch wide.
     (e) It is unlawful to hunt big game animals with a broadhead blade unless the broadhead is unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width and forming a smooth line toward the feather end of the shaft, and such line does not angle toward the point.
     (f) It is unlawful to hunt big game animals with a retractable broadhead.
     (5) Hunters with disabilities may use a crossbow with a special use permit as conditioned in WAC 232-12-054.
     (6) It is unlawful to hunt game animals or game birds with a shotgun larger than 10 gauge.
     (7) It is unlawful to hunt game birds with a rifle or handgun, with the exception of blue grouse, spruce grouse and ruffed grouse.
     ( A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.
And;
 
RCW 9.41.10      defines a firearm:

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.


A pellet gun does not utilize an “explosive” to fire the projectile, it is fired by compressed air so it is not a firearm. 
 
Thanks & Be Safe,
 
 
Sgt. Eric Anderson
WDFW  Enforcement
Olympia, WA
(360) 902-2426 Office
(360)640-0493 Cell

I've been trying to navigate this subject and I've run into a bit of a legal conundrum.  The code quoted above lists the firearms that it is illegal to hunt with.  Airguns are not firearms...ergo this code does not apply to airguns.  There is wording in WAS 232-12-242 that states that a minimum .24cal centerfire firearm is to be used during modern firearm big game seasons.  That means that airguns are explicitly excluded from big game hunting by WAC 232-12-242, but, by omission, not excluded from small game hunting.  The reason I bring this up is that I was trying to fill out the petition to modify the hunting regs because I want to be allowed to hunt game animals with my airguns.  I can not find any WAC code that explicitly restricts or excludes airguns from small game hunting.  That doesn't mean that it isn't in there somewhere, but the code quoted above isn't it and I have not yet found any relating to small game.  If there's someone who's really well versed in the WAC and RCW codes who can set me straight, I'm all ears as I want to get the code amended so that I'm not dodging rules with loopholes.  I'd like to see the code re-written to expressly include air rifles...for big and small game.  I think it's ridiculous that I can legally hurl a falcon at a rabbit but I can't shoot it with an air rifle.

[Bob33]

Generally speaking it is not legal to use an air rifle on game birds or game animals, large or small.

http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-047

(3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, a crossbow, or by falconry.

[ztirffritz]

Generally speaking it is not legal to use an air rifle on game birds or game animals, large or small.

http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-047

(3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, a crossbow, or by falconry.

Thanks...I've been reading over the WACs too long.  Somehow I missed that.  That's exactly what I needed.

[Eugene]

How about this page? http://wdfw.wa.gov/help/categories/Hunting/General+Hunting+Rules/?page=2 question #30 - "To hunt unclassified wildlife, you need a valid big game or small game license. You can hunt unclassified wildlife year round with no bag limit and with any weapon. For instance, you can legally hunt unclassified wildlife with an air rifle. Please review the Small Game, Furbearers, and Unclassi ..."

[Bob33]

How about this page? http://wdfw.wa.gov/help/categories/Hunting/General+Hunting+Rules/?page=2 question #30 - "To hunt unclassified wildlife, you need a valid big game or small game license. You can hunt unclassified wildlife year round with no bag limit and with any weapon. For instance, you can legally hunt unclassified wildlife with an air rifle. Please review the Small Game, Furbearers, and Unclassi ..."

Airguns are legal for unclassified wildlife. For game birds and game animals, they are not.

http://wdfw.wa.gov/help/questions/92/Is+it+legal+to+use+pellet+guns%2C+air+guns%2C+or+sling+shots+to+harvest+game+birds%3F

[Gringo31]

But you apparently need a big game or small game license to "hunt" the following..


Gophers
Mice
Rats
Moles
Voles
Shrews

and

Ground Squirrels

[Gringo31]

Remember Crows are small game.....

So, better not waste one and don't use your air gun.

[Kittman]

Lewis & Clark expedition would not have thought twice about taking down a Whitetail deer with the air gun they had at that time.

http://beemans.net/Lewis%20&%20Clark%20Airgun.htm

http://beemans.net/lewis-assault-rifle.htm

Lots of info of the past- Enjoy!

[Bob33]

Remember Crows are small game.....

So, better not waste one and don't use your air gun.

They're technically a "predatory" bird.

http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-004

[Gringo31]

Appreciate the info Bob.

But here's my question.  If there is a season on them, then a license is required.  Why is a crow different than a starling in the game regs and what happens if you shoot a crow during season (not in the act of depredation) and let it lay?

[Bob33]

Appreciate the info Bob.

But here's my question.  If there is a season on them, then a license is required.  Why is a crow different than a starling in the game regs and what happens if you shoot a crow during season (not in the act of depredation) and let it lay?

This should help: http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12-005

[Gringo31]

So is it wasteful to leave a crow lay?

[Bob33]

So is it wasteful to leave a crow lay?

No. It is not a game bird.

Of course, if you want to eat crow...

[Evil_EdwardO]

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

So are all modern rifle/pistols not firearms?

My Lee reloading Manual says that smokeless powder is a propellant and not an explosive like black powder.

[Bob33]

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

So are all modern rifle/pistols not firearms?

My Lee reloading Manual says that smokeless powder is a propellant and not an explosive like black powder.

Modern rifles/pistols are considered firearms. Muzzleloaders are considered firearms in Washington. Air rifles are not.

 "...an explosive such as gunpowder" includes smokeless powders.

[Squidward]

When will they let us use a 30cal pellet gun like this?
http://wickedairrifles.com/index.html

[crazywednesday]

This seems to be a thread that has been resurrected a couple of times.

I've been killing starlings with a bb or pellet gun for as long as I can remember. Recently I just fixed my PCP and thought I would look into purchasing a new scope. Using my internet research ninja skills I came across this website (https://www.pyramydair.com/airgun-map/?hunting=Predator_Species#WA) listing all of the species available to hunt with an air rifle. Don't get me wrong, I'm not taking it as a factual resource yet, but it has peaked my curiosity. I tried some google searches and WDFW searches, but seem to come up short. Obviously I'm not a very good internet research ninja. Is there anyone on this board with more information? I plan to call WDFW tomorrow, but I have a feeling that isn't going to get me very far.

For what its worth, I still plan to kill as many starlings annually as I can. Maybe this year I will breast them out and make a blackbird pie.

[kselkhunter]

Those big bore air rifles keep advancing.  Launching a 430gr bolt with broadhead at 500fps is serious medicine.  They can shoot bolts or pellets, and the pellet energy is still on the lower end, with the 45 cal air rifles only able to do about 600 ft-lbs muzzle energy right now with a pellet.  But with the continuing advancements, they're not far from reaching energy levels that will get them noticed and potentially regulated soon. 

[crazywednesday]

Well I did find this and it backs up some of the pyramid air website claims.

http://wdfw.wa.gov/publications/01676/wdfw01676.pdf -- page 151 a list of unclassified species - Coyote, European rabbit, Gophers, Gray and fox squirrels, Ground squirrels, Mice, Moles, Nutria Myocastor, Virginia opossum, Porcupine, Rats, Shrews, Spotted skunk, Voles.

[jackelope]

This was a Facebook debate a month or so ago. Unclassified wildlife can be hunted with an air rifle. If it’s not listed as unclassified wildlife, you can’t hunt it with an air rifle.