What Makes a BB Gun a Deadly Weapon?

Under NRS 193.165(6), the term “deadly weapon” includes:

• Any instrument that, as designed or used, is likely to cause serious bodily harm or death
  
  
• Any object that is capable of causing serious harm or death when used in a threatening or aggressive way
  
  
• Weapons or devices described in specific Nevada statutes (like NRS 202.265)
  
  

And according to NRS 202.265(5)(b), the definition of a firearm even includes:

“Any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.”

That means your airsoft gun, pellet gun, or BB rifle—if it shoots any kind of metal projectile—can be legally treated the same as a traditional firearm.

Why This Matters in Criminal Cases

Let’s say you’re charged with burglary, and you happen to have a BB gun with you—even if you never use it. Under NRS 205.060(4), possession of a deadly weapon during a burglary upgrades the charge to a Category B felony, with penalties including:

• 2 to 15 years in Nevada state prison
  
  
• A fine up to $10,000
  
  

This enhancement applies whether the weapon was used or simply carried at the time of the crime.

Bottom Line

If you’ve been arrested in Las Vegas with a BB gun or any other object that could be considered a weapon, your charges may be more serious than you think. At Pandullo Law, we understand the complexities of Nevada’s weapon enhancement laws and can help fight to reduce or dismiss these charges.

Don’t assume your case is minor just because the weapon isn’t a traditional firearm. Call today for a free consultation.