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The new law requires any person who possesses, purchases, uses or acquires an air weapon to have a certificate to legally hold them. Please see SQ236 for more details.

The Scottish Government has long campaigned for the UK Government to review all firearms legislation, or to devolve responsibility for firearms legislation to the Scottish Parliament so that Scottish needs can be at the forefront of a distinct Scottish approach to regulating firearms within our communities. Following a recommendation by the Calman Commission in 2009, powers on air weapons were transferred via the Scotland Act 2012. The overarching policy objective of the new legislation is not to ban air weapons, but to ensure that only those people who have a legitimate reason for owning and using an air weapon should have access to them and that such persons are properly licensed.

Please note that the air weapons certificate will cover all the air weapons held by the certificate holder.

Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you.

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BB guns (which fire plastic or aluminium balls) by different methods (such as compressed air or an electrical system) may or may not be firearms and so may or may not be prohibited.

The soft air type of BB gun which is 'toy like' (though it may be a little too powerful to be officially classed as a toy) does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium pellets. It will normally have a very low power rating, compared to an average air weapon.

An air weapon is powerful enough to injure and kill in the right circumstances, and, does therefore fit within the definition of a firearm, but is not powerful enough to be a section 1 firearm. However, even where a section 1 firearm is not required, an air weapons certificate may be required - see Q236 for further information. The average air weapon is probably about 150 times more powerful than a 'toy like' soft BB gun.

So if you are unsure whether your BB gun is legal or not, then it is worth checking with your local police who will be able to advise you.

Given the nature of BB guns and their capabilities then it is not advisable to allow them to be in the possession of young children.

The very realistic appearance of many BB guns means that armed officers frequently are called to deal with persons in possession of these items. The fact that these are virtually indistinguishable from a firearm can cause great public concern and place the holder in a very vulnerable and potentially dangerous position.

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Answer

BB guns (which fire plastic or aluminium balls by different methods such as compressed air or an electrical system) may or may not be firearms and so may or may not be prohibited.

The soft air type of gun which is 'toy like' (though it may be a little too powerful to be officially classed as a toy) does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic/aluminium balls. However, even where a section 1 firearm is not required, an air weapons certificate may be required - see Q236 for further information.

So if you are unsure whether your BB gun is legal or not, then it is worth checking with your police force's firearms department who will be able to advise you.

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