Colorado & Federal Law Regarding Airsoft
1. An "Airsoft Gun"is not a "firearm" under Colorado State Law or Federal Law
2. Carrying an Airsoft Gun in a Public Area; Be Cautious.
- Colorado CRS 18-9-106 Disorderly Conduct:
- (1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
- (f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
- As most "Airsoft Guns" are replicas and could lead a person to reasonably believe you are armed with a deadly weapon, this would qualify. It is reccomended you do not display your "Airsoft Gun" openly in public, and instead carry it in a case so as not to cause alarm.
- Reference: CRS 18-9-106 http://www.leg.state.co.us/
3. Pointing your "Airsoft Gun" at someone.
- Only point your "Airsoft Gun" at a consenting individual participating in a game. Never point your "Airsoft Gun" at an unsuspecting individual. You should know this would alarm someone who is unsuspecting. "Airsoft Guns" can commonly be mistaken for a real firearm which is a deadly weapon.
- Colorado CRS 18-3-206 Menacing:
- (1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
- (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
- (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
- Reference: CRS 18-3-206: http://www.leg.state.co.us/
4. Orange Tips on "Airsoft Guns"
- There is no requirement Federally or by Colorado Law requiring an orange tip on your "airsoft gun."
- Federal Law does require a minimum of a 6mm orange tip be present during importation of any "toy gun" (including airsoft replicas.) And that the imported item's orange markings be "permanently affixed to the muzzle end of the barrel as an integral part of the entire device." This is a restriction on the manufacturer, and does not prevent the consumer from modifying their "airsoft gun."
- So this leads to the question, "is my airsoft gun required to have an orange tip?" The answer in short is "No." No State or Federal Law specifically requires that you have an orange tip on every "airsoft gun." However for safety reasons it is recommended that you keep the orange tip so there is less of a chance for confusion of your "airsoft gun" with an actual firearm. The Federal Law covering this is under the Commerce and Foreign Trade section of the Federal Code.
- Reference: 15 USC 1150: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=fe6593e6c18f07b9f6b29ffca8409aa9&rgn=div5&view=text&node=15:184.108.40.206.1&idno=15
5. Local Laws Restricting Where You Can Play:
- While most areas do not have restrictions as long as you are not causing public alarm. If you are planning on playing in a location, it is recommended that you check with that local municipality or county before you play.
- In Boulder County it is unlawful to play on County Open Space. Boulder County Open Space specifically restricts airsoft and similar activities.
- Boulder County Ordinance and Resolution 2010-56:
- Discharging or carrying firearms, crossbows, fireworks, explosives or projectile weapons of any kind are not permitted on Open Space Property.
- This includes paintball, BB, pellet, air and blow guns; rockets, crossbows, longbows, and slingshots ($300 fine.)
- Reference: BC Resolution 2010-56: http://www.bouldercounty.org/play/recreation/pages/posrulesandregs.aspx
6. What are the rules regarding transporting an airsoft gun in a vehicle?
- While an airsoft gun is not technically a firearm, it is also NOT considered a weapon by itself. You may carry it in a vehicle, whether it be in a case, out in the open, in the trunk or in the passenger compartment.
- While transporting it, do not display it to other drivers, or point it at anyone. This falls under questions 2 & 3 above.
- Even if an airsoft gun were considered a firearm, you could still carry it in a vehicle in any manner you wish in the state of Colorado.
- Colorado CRS 18-12-105 Unlawfully Carrying a Concealed Weapon:
- (2) It shall not be an offense if the defendant was:
- (b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling
- Colorado CRS 18-12-105.6 Limitations on Local Ordinances Regarding Firearms in Private Vehicles:
- To summarize this, local areas can not restrict your right to transport a weapon in your vehicle as "This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction." "This inconsistency places citizens in the position of not knowing when they may be violating local laws" ... " no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance..."
- Reference CRS 18-12-105 & 18-12-105.6: http://www.leg.state.co.us/