Whether it is legal to shoot squirrels with a BB gun depends on four things working together: the species of squirrel, whether your city or county allows you to fire a BB gun at that location, whether you have a hunting license and are within the open season, and whether the gun is powerful enough to kill the animal cleanly. Get all four right and it can be perfectly legal. Miss any one of them and a single trigger pull can violate several laws at once.
Where You Are Usually Decides It
For most people asking this question, the answer is settled before wildlife law even enters the picture. Many cities and counties prohibit firing any projectile-launching device within their limits, and their definitions typically include BB guns and air rifles alongside traditional firearms. These discharge ordinances apply regardless of what you’re shooting at — game animal, pest, or paper target.
The specifics vary. Some ordinances make it illegal to fire an air gun within a set distance of any dwelling or across a property line without the neighbor’s written permission. Others prohibit discharge anywhere inside city limits except on approved ranges. A few carve out narrow exceptions for shooting in your own rear yard when the projectile isn’t reasonably expected to leave your property, but those exceptions are uncommon and come with strict conditions.
The practical result: you can be fully compliant with state hunting law and still commit a misdemeanor by pulling the trigger in a suburban backyard. Local discharge violations typically carry fines, and in some jurisdictions short jail terms. Before anything else, search your city or county code for “discharge” or “air gun.” If firing a BB gun is prohibited where you live, the rest of the analysis doesn’t matter.
Hunting License and Open Season
Most states classify tree squirrels as game animals. That means you can only hunt them during designated seasons, within daily bag limits, and with a valid state hunting license. Shooting a squirrel outside the open season is poaching even on your own land, unless a separate exception applies.
Annual resident small game licenses usually run between $12 and $63, with most states landing near $25. Many states also require you to complete a hunter education course before buying your first license. Most people take the course between ages 10 and 12, but it’s open to adults who never completed one.
Some states set minimum power requirements for air guns used in hunting. Common thresholds are a minimum caliber of .177 and a muzzle velocity of at least 600 feet per second. The point is a humane kill: a lower-powered BB gun firing around 300 fps is likely to wound rather than kill, which is both an animal welfare problem and, as discussed below, a potential criminal one.
The Nuisance Wildlife Exception
Hunting rules and pest control rules are separate systems. Most states allow property owners to kill animals that are actively damaging their property — chewing wiring, destroying gardens, nesting in attic insulation — without a hunting license and outside of regular seasons.1University of Nebraska-Lincoln Digital Commons. The Status of Nuisance Wildlife Damage Control in the States The legal basis shifts from recreation to property protection.
The exception is narrower than people assume. You generally need to show the animal was causing real, tangible damage, not just existing in the yard. A squirrel raiding your bird feeder probably doesn’t qualify. A squirrel that has chewed through a roof soffit and is nesting in your insulation probably does. The burden of proving a genuine nuisance falls on you.
Even under a nuisance exception, methods still need to be humane. Some states require a permit from the wildlife agency before you remove nuisance animals, particularly in residential areas. About half of all states also restrict which species non-professionals can handle, so your specific squirrel might require a licensed wildlife control operator even when you have a damage case.1University of Nebraska-Lincoln Digital Commons. The Status of Nuisance Wildlife Damage Control in the States States also regulate what you do with the carcass; you generally can’t toss it in a storm drain or leave it on the curb.
One important point: a nuisance exception overrides hunting season rules, but it doesn’t override local discharge ordinances. If your city prohibits firing a BB gun, having a chewed soffit doesn’t give you permission to shoot.
Protected Squirrel Species
Some squirrel species and subspecies are protected under the federal Endangered Species Act, and killing one — even accidentally — can trigger severe penalties regardless of state hunting rules. The ESA makes it illegal for any person to “take” an endangered species, and “take” is defined broadly to include shooting, wounding, or killing.2Office of the Law Revision Counsel. 16 USC 1538 – Prohibited Acts
Federally listed squirrels include the Carolina northern flying squirrel (endangered, found in the southern Appalachians), the Mount Graham red squirrel (endangered, limited to a single mountain range in southeastern Arizona), and the northern Idaho ground squirrel (threatened, restricted to a small area in west-central Idaho). All appear on the federal endangered and threatened wildlife list.3eCFR. 50 CFR 17.11 – Endangered and Threatened Wildlife Individual states keep their own threatened species lists that may protect additional squirrels not covered federally.
A knowing ESA violation carries criminal fines up to $50,000 and up to one year in prison. Civil penalties can reach $25,000 per violation, and even an unknowing violation can trigger civil penalties of up to $500 per incident.4Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement In areas where protected species live, misidentifying your target is an expensive mistake. Check your state wildlife agency’s protected species list before you shoot.
Is the BB Gun Powerful Enough?
Most states have animal cruelty statutes that prohibit causing unnecessary suffering to any animal, including wildlife. BB gun power is where this bites. A standard lever-action BB gun shooting a lightweight steel BB at 200 to 350 fps is very unlikely to kill a squirrel quickly. It is far more likely to wound and cause prolonged suffering, and that outcome can support animal cruelty charges on its own, independent of hunting or discharge violations.
Higher-powered pellet rifles firing .177 or .22 caliber pellets at 700 fps and up are a different category and can deliver a lethal shot at reasonable range. The cheap BB gun most people picture when they ask this question is not in that category. Using a weapon you know is unlikely to kill cleanly is exactly what animal cruelty statutes target. Depending on the state, those charges range from misdemeanors to felonies, with penalties that can include jail time and substantial fines.
What You Risk If You Get It Wrong
Because several laws can apply to the same shot, consequences stack:
- Hunting out of season or without a license is poaching. State wildlife officers can issue citations from a few hundred to several thousand dollars, confiscate the BB gun, and revoke hunting privileges.
- Firing where local law prohibits it is typically a misdemeanor. Fines vary, and repeat or reckless conduct can escalate to probation or short jail sentences.
- Killing a federally protected squirrel species can result in criminal fines up to $50,000, up to a year in prison, and civil penalties of up to $25,000 per violation.4Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement
- Using an underpowered weapon that causes prolonged suffering can bring separate animal cruelty charges, ranging from misdemeanors to felonies.
- If a BB crosses a property line and damages property or injures someone, you face reckless endangerment or similar criminal charges plus civil liability. Homeowner’s policies vary on whether they cover injuries caused by air guns, and many exclude intentional acts.
Steps to Take Before You Shoot
The people who get cited are almost always the ones who assumed it was obviously fine. A short checklist eliminates most of the risk:
- Identify the species. Confirm you aren’t dealing with a flying squirrel, ground squirrel, or subspecies protected under federal or state law. Your state wildlife agency’s website lists protected species.
- Read your local discharge ordinance. Search your city or county code for “discharge” or “air gun.” If firing a BB gun is prohibited, stop here.
- Verify the hunting season and get a license. Confirm season dates and bag limits for your state, and buy a resident small game license if you don’t have one.
- Document damage if you’re claiming a nuisance exception. Photograph chewed wiring, torn soffits, or nesting damage before you act. You need evidence the animal was destroying property, not just present.
- Use adequate equipment. A pellet rifle in .177 or .22 caliber with enough velocity for a clean kill is far less likely to create cruelty issues than a low-powered BB gun. Check your state’s minimum air gun specifications for hunting.
In suburban areas where discharge is prohibited, the realistic option is to call a licensed wildlife control operator or ask your state wildlife agency about a nuisance permit. Less satisfying than handling it yourself, but it’s the one that doesn’t risk a stack of citations.