5b. Potential City Code Amendments-Paintball0
MEMORANDUM
CITY OF
TO: Planning Commission
CUMNSEN
Robert Generous, Senior Planner
7700 Market Boulevard
laser tag) courses in the community. A paintball gun course is classified as a type
PO Box 147
DATE: April 5, 2011
Chanhassen, MN 55317
Should such courses be outdoor or indoor facilities?
SUBJ: Amusement and Recreational Service - Paintball
Administration
It would be for an outdoor course. However, the City may wish to permit it as an
Phone: 952.227.1100
indoor operation in either commercial or industrial areas.
Fax: 952.227.1110
•
Fax: 952.227.1404
BACKGROUND
Building Inspections
City Code defines firearm as follows: Firearm means any gun, pistol, rifle,
Phone: 952.227.1180
The City has received a request to investigate allowing paintball courses in the
Fax: 952.227.1190
community. Currently, the City does not permit such a use. Section 11 -2 (f) of
Engineering
the Chanhassen City Code prohibits the discharge of a firearm within the City
Phone: 952.227.1160
except as specifically allowed by code. None of the zoning districts permit a
Fax: 952.227.1170
paintball course.
Finance
DISCUSSION
Phone: 952.227.1140
7901 Park Place
Fax: 952.2271110
The City must determine how and if it will permit paintball or any other (airsoft,
Park & Recreation
laser tag) courses in the community. A paintball gun course is classified as a type
Phone: 952.227.1120
of amusement and recreational service.
Fax: 952.227.1110
Should such courses be outdoor or indoor facilities?
The location of the request is on property zoned Agricultural Estate District, A2.
Recreation Center
It would be for an outdoor course. However, the City may wish to permit it as an
2310 Coulter Boulevard
indoor operation in either commercial or industrial areas.
Phone: 952.2271400
•
Fax: 952.227.1404
Fax: 952.227.1110
•
City Code defines firearm as follows: Firearm means any gun, pistol, rifle,
Planning &
shotgun, BS gun, pellet gun, bow, or any device capable of discharging arrows,
Natural Resources
slugs, or blanks, metal projectiles or paint. As can be seen, a paintball gun would
Phone: 952.227.1130
fall under this definition.
Fax: 952.227.1110
At a minimum,
Public Works
Issues:
7901 Park Place
Phone: 952.227.1300
•
Is this a use the City wants?
Fax: 952.227.1310
.
Should such courses be outdoor or indoor facilities?
•
What are appropriate locations or zoning districts?
Senior Center
Phone: 952.227.1125
•
Should use be permitted, conditional or interim?
Fax: 952.227.1110
•
What requirements or regulations should be adopted?
•
Should it be permitted outside or indoor?
Web Site
www.ci.chanhassen.mn.us
At a minimum,
any regulations should:
• Require protective gear (International Paintball Players Association or
American Society for Testing and Materials Standards).
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
April 5, 2011
Page 2
• Require the use of barrel plugs off the playing field.
• Limit the velocity of paintball gun projectiles (between 250 and 285 fps).
• Require a chronograph on site to measure projectile velocity.
• Require liability insurance.
• Require that paintballs be non - toxic, non - caustic, water - soluble and biodegradable.
• Require that the site be a minimum size (for outdoor courses).
• Require separation from off -site structures and/or residences.
• Prohibit alcohol use or consumption.
• Limit the hours of operation to daylight hours.
City staff has tried to view other communities to see how they regulate paintball courses. It
appears that many of these courses are located within county, rather than municipal jurisdictions.
City of Eagan
• Only permits indoor paintball games.
• Requires a license.
City of Minneapolis
• Requires a license for amusement places for games of skill.
• Permitted in commercial (C3A) and industrial (I1 and 12) districts.
General Assembly of Pennsylvania
• Specifies the minimum safety equipment.
• Require minimum operating standards including staffing requirements, safety briefings
and equipment inspection.
• Require minimum insurance liability.
• Specify minors.
DIRECTION
Staff is requesting direction from the Planning Commission on whether or not we should
continue the investigation of paintball courses and bring back a City Code amendment.
ATTACHMENTS
1. Other Business Regulations and Licensing — Eagan.
2. Paintball Ordinance — Fauquier County.
3. House Ordinance No. 2160, The General Assembly of Pennsylvania.
4. OLR Research Report, Legislation on Paintball Guns, by Christopher Reinhart.
g: \plan \city code\issue papeApaintball.doc
Chapter 6 OTHER BUSINESS REGULATION AND LICENSING' Page 39 of 65
(5) Accept a pledge or purchase property from a person under the age of 18
years;
(6) Make any agreement requiring the personal liability of a pledgor or seller, or
waiving any provisions of this article, or providing for a maturity date less than
one month after the date of the pawn transaction;
(7) Fail to return pledged goods to a pledgor or provide compensation as set
forth in Minn. Stat. § 325J.09, upon payment of the full amount due the
pawnbroker unless either the date of redemption is more than 60 days past the
date of the pawn transaction, renewal or extension and the pawnbroker has sold
the pledged goods pursuant to Minn. Stat. § 325J.06, or the pledged goods have
been taken into custody by a court or a law enforcement officer or agency;
(8) Sell or lease, or agree to sell or lease, transaction goods back to the pledgor
or seller in the same, or a related, transaction;
(9) Sell or otherwise charge for insurance in connection with a pawn
transaction; or
(10) Remove transaction goods from the licensed premises or other storage
place approved by a municipality at any time before the transaction goods may
be disposed of pursuant to Subd. 9 herein.
(Code 1983, § 6.45, eff. 1 -1 -83; Ord. No. 112, 2nd series, eff. 3- 15 -91; Ord. No. 265, 2nd series, eff. 8-
27-98)
E-
Sec. 6.46. Paintball sport facility.
Subd. 9. Definitions. The following terms, as used in this section, shall have the meanings
stated:
A. Paintball means a round, thin- skinned gelatin capsule filled with a nontoxic,
noncaustic, water - soluble and biodegradable colored liquid specifically designed and
manufactured to be expelled from a paintball gun.
B. Paintball facility means any building, structure or location at which a paintball game
is played.
C. Paintball game means a game or sport, for adult recreational purposes, of which the
objective is to tag opposing players with a paintball expelled or discharged from a
paintball gun.
D. Paintball gun means a gun from which 0.68 caliber paintballs are expelled by the
use of CO 2 pressure set for a maximum velocity of 250 feet per second.
Subd. 2. License required. It is unlawful for any person to operate a paintball facility without
first obtaining a license therefor from the city.
Subd. 3. License application. All applications for a license for the operation of a paintball
facility shall be made on a form furnished by the city which states, among other things, the
name and address of the applicant, the owner and operator of the paintball facility, the name
and address of the paintball facility, and the approval of the fire marshal and police chief of the
paintball facility.
Subd. 4. Licensing requirements. No license shall be issued hereunder unless the following
conditions are met, and any license issued hereunder shall be subject to the following
conditions:
A. The paintball facility shall provide solely for indoor paintball games; no paintball
game shall be played outdoors.
B. It is unlawful to discharge or otherwise fire a paintball gun except on an indoor
http: / /library l .municode .com/default- test/DocView /13070 /1 /10 ?hilite=paint... 3/11/2011
Chapter 6 OTHER BUSINESS REGULATION AND LICENSING* Page 40 of 65
paintball field while engaged in a paintball game.
C. It is unlawful to discharge or otherwise fire a paintball gun at another person who is
not equipped with protective face gear as approved by International Paintball Players
Association (IPPA).
D. It is unlawful for any person under 14 years of age, or any person 14 or 15 years of
age without the accompaniment of a parent or guardian, to participate in any paintball
game or be in possession of any paintball gun on the licensed premises.
E. It is unlawful to carry a paintball gun while off the paintball field without the barrel
plug engaged.
F. Paint guns not meeting the definition set forth in subdivision 1 herein are prohibited
on the licensed premises.
G. The paintball field on which the paintball game is played shall be at a minimum of
7,000 square feet and completely enclosed by plexiglass.
H. The licensee shall provide all persons engaged in a paintball game with protective
gear as recommended and approved by the IPPA.
I. It is unlawful to allow alcohol on the licensed premises, and the licensee shall prohibit
any person reasonably believed to be under the influence of alcohol or a controlled
substance from playing paintball on the premises.
Subd. 5. Noncompliance. Failure to comply with any licensing requirement set forth in this
section or any other violation of the City Code shall constitute sufficient cause for the
termination of the license by the council following a public hearing.
(Ord. No. 170, 2nd series, eff. 10- 29 -93)
Sec. 6.47. Special hunting permit.
Subd. 9. It is unlawful for any person to participate in any special hunting season, which is
established by the city council for purposes of wildlife management and does not conflict with
any state law or regulation, without first obtaining a permit therefor from the police chief or
designee.
Subd. 2. All applications for a permit for special hunting within the city shall be made on a
form furnished by the city and accompanied with the required permit fee, the amount of which
shall be set by city council.
Subd. 3. No permit shall be transferable between persons, and it shall be unlawful to make
any transfer in violation of this section.
(Ord. No. 211, 2nd series, eff. 2- 15 -96)
Sec. 6.48. Reserved.
Editor's note: Ord. No. 374, 2nd series, § 1, effective March 4, 2004, repealed § 6.48 in its entirety.
Formerly, said section pertained to commercial turf fertilizer application as enacted by Ord. No. 231,
2nd series, effective April 1, 1997.
Sec. 6.49. Adult establishments.
A. Findings and purpose. Minnesota State Attorney General's Office and the Cities of St. Paul,
Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Seattle, Washington; Houston, Texas; and
Los Angeles, California, have conducted studies of the impact of adult establishments on their
respective communities. Based on these studies and the information received at the public
http: / /library l .municode.com /default- test/DocView /13070/1 /10 ?hilite=paint... 3/11/2011
Paintball ORDINANCE Page 1 of 2
ORDINANCE
AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE FAUQUIER
COUNTY ZONING ORDINANCE ADDING SECTION 3 -309 (OUTDOOR
RECREATION) TO ALLOW PAINTBALL RECREATIONAL FIELDS AND ADD
SECTION 5 -919 (ADDITIONAL STANDARDS FOR PAINTBALL RECREATION
FIELDS
WHEREAS, the Fauquier County Zoning Ordinance currently does
not allow the location of paintball recreation fields; and
WHEREAS, these amendments would permit the use in the Rural Agriculture
Zoning District following special exception and site plan approvals; and
WHEREAS, the amendments also would provide additional standards to protect
adjacent properties; and
WHEREAS, the use also would be subject to site plan approval; and
WHEREAS, on January 23, 2003 , the Fauquier County Planning Commission held
a public hearing; and
WHEREAS, on April 24, 2003, the Planning Commission held several work
sessions to the Planning Commission voted to forward the refined text amendments with a
recommendation for approval; and
WHEREAS, on May 19, 2003 , the Fauquier County Board of Supervisors
held a public hearing; and
WHEREAS, the adoption of this text amendment would be in keeping with the
spirit of the Zoning Ordinance and in the best interest of the citizens of Fauquier County ;
now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 16th day of June
2003, That Section 3 -309 of the Fauquier County Zoning Ordinance be, and is hereby,
amended to allow paintball recreation fields as a special permit use and Section 5 -919
would be added to provide additional standards for paintball recreation fields. The Zoning
Ordinance would be amended to read as follows:
OUTDOOR RECREATION (CATEGORY 9)
Site Plan RA
19. Paintball Recreation Fields X SE
Minimum standards for paintball recreation fields
The minimum lot size requirement shall be 24 acres.
No structure shall be closer than 100 feet to any lot line.
http: / /www. fauquiercounty.gov/ government /departinents/BOS /pastagendas /... 3/11/2011
Paintball ORDINANCE
Page 2 of 2
No area where paintballs are discharged shall be located within 300' of
M lot line or 500' from any adjoiningresidential propgrty,provided that a lesser setback
may be permitted by the Board of Supervisors upon a determination that the lesser setback
in combination with other elements of the site design provides adequate protection to
adjoining properties and ri is -of -ways.
A 20' high nylon mesh screen shall be installed around all play areas
and shall be removed when the play area is not being utilized, at the end of each day. The
height of the screen may be lowered to no less than 10' by the Board of Supervisors upon a
determination that the lower screen in combination with other elements of the site design
provides adequate protection from discharged paintballs.
All parking and spectator areas, structures and plan areas shall be
effectively screened.
Any retail sales conducted on the properly shall be accessory and
incidental to the permitted activity and conducted only for the participants of the site.
A plan of operations specifying days and hours of operation, nu of
participants and employees types of equipment to be utilized by users of the site, safety
procedures type of compressed air fuel to be utilized on the site and storage and
maintenance procedures for the compressed air fuel shall be provided for review in
conjunction with the special exception application. All Safety procedures shall be
reviewed and approved by Emergencv Services. All activities shall be in compl with
National Paintball League standards.
The hours of operation shall be limited to 8:30 A.M. to 8:30 P.M , and
further restricted as applicable to daylight hours.
No lights or amplified sounds shall be permitted.
The facility shall have direct access to a road designated as a major
collector or higher) in the Comprehensive Plan unless the Board of Supervisors finds that
the type and amount of traffic generated by the facility is such that it will not cause an
undue impact on the neighbors or adversely affect safety of road usage.
The facility shall be secured at the close of business each day
The applicant shall include the proposed number of persons to be on the
site in the application information.
All equipment and objects utilized in the paintball activities shall be
removed from the site within 90 days of the discontinuance of the paintball use.
http: / /www.fauquiercounty.gov/ government /departmentsBOS /pastagendas /... 3/11/2011
HOUSE BILL 2160 P.N. 2982
i� : M_I� •
Page 1 of 2
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2160 Session of 2005
INTRODUCED BY BELFANTI, PHILLIPS, FAIRCHILD, STABACK, GOODMAN,
SIPTROTH, HKNINESSEY, LEH, BEBKO- JONES, CALTAGIRONE, COHEN,
FABRIZIO, FRANKEL, FREEMAN, GRUCELA, LEDERER, MARKOSEK,
PISTELLA AND TIGUE OCTOBER 31, 2005
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
OCTOBER 31, 2005
AN ACT
1 Regulating operation of paintball fields, ranges or courses and
2 rental of paintball equipment; providing for safety
3 equipment, for field requirements, for required insurance and
4 for limitations on paintball play by minors; and imposing a
5 penalty.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Paintball Gun
10 and Paintball Marker Safety Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "ASTM." The American Society for Testing and Materials.
16 "Commercial paintball field." A business that operates a
17 paintball field, range or course or rents paintball equipment.
18 "Field official." An employee of a commercial paintball
1 field who referees play and enforces safety rules.
2 "Paintball gun." A device designed and manufactured to
3 propel, by gas or air, an encapsulated gelatin paintball.
4 "Paintball marker." A device designed and manufactured to
5 propel, by gas or air, an encapsulated gelatin paintball.
6 Section 3. Safety equipment.
7 A paintball player shall use the following safety devices
8 during play:
9 (1) Goggles must be worn at all times.
10 (2) All goggles must meet or exceed ASTM standards.
11 (3) A twist -on barrel- blocking device.
12 (4) Safety on /off switches /buttons on paintball markers.
13 (5) Proper safety loaders.
14 (6) Hydro- tested carbon dioxide or nitrogen tanks.
15 Section 4. Commercial paintball fields.
16 The following apply to commercial paintball fields:
17 (1) A field official must:
18 (i) Be properly trained by the field owner or
http:// www. legis .state.pa.uslcfdocsllegislPNI Public/ btCheck.cfm ?txtType= HTM &sessYr= 2005 &sesslnd... 3/11/2011
HOUSE BILL 2160 P.N. 2982
19 through an approved field official training course.
20 (ii) Provide a mandatory preplay safety briefing to
21 players before play commences.
22 (iii) Inspect personal and rental paintball
23 equipment brought onto the field.
24 (iv) Before transporting players to the paintball
25 field, inspect player equipment and determine that the
26 equipment is safe.
27 (2) Paintball rental equipment must meet or exceed ASTM
28 standards, when applicable.
29 (3) The paintball field must have a designated safety
30 area.
2005OH216OB2982 - 2 -
1 Section 5. Insurance.
2 (a) General liability. - -A commercial paintball field must
3 carry a minimum of $500,000 of general liability insurance.
4 (b) Secondary health. - -A commercial paintball field must
5 carry a minimum of $10,000 of secondary health insurance.
6 Section 6. Minors.
7 The following apply:
8 (1) A commercial paintball field may not permit a minor
9 nine years of age or younger to engage in paintball play.
10 (2) A minor who is ten years of age or older but under
11 13 years of age may engage in paintball play only if the
12 minor's parent or guardian is participating and has the minor
13 in full view at all times.
14 (3) A minor who is 13 years of age or older but under 18
15 years of age may engage in paintball play only if the minor
16 has written parental permission and authorization for the
17 commercial paintball field to obtain medical treatment for
18 the minor in event of injury.
19 Section 7. Penalty.
20 A person who violates this act commits a summary offense and
21 shall, upon conviction, be sentenced to pay a fine of not more
22 than $300.
23 Section 8. Effective date.
24 This act shall take effect immediately.
G8L35BIL/20050H2160B2982 - 3 -
Page 2 of 2
http: / /www.legis. state.pa. us /cfdocs /legis/PN/ Public/ btCheek.cfm ?txtType= HTM &sessYr= 2005 &sessInd... 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Topic:
AGE OF MAJORITY; FIREARMS; LEGISLATION; RECREATION (GENERAL); RETAIL TRADE;
WEAPONS;
Location:
RECREATION; WEAPONS - FIREARMS;
October 24, 2008 2008 -R -0571
LEGISLATION ON PAINTBALL GUNS
By: Christopher Reinhart, Senior Attorney
Page 1 of 6
You asked for information on legislation regulating paintball guns in other states and proposals
in Connecticut.
SUMMARY
We found eight states with statutes that regulate paintball guns or paintball activities. The laws
in these states regulate paintball in a number of ways.
1. Three states regulate sales to and possession by minors (Illinois for minors under age 13 and
New Hampshire and Rhode Island for minors under age 18. ) .
2. Two states permit towns to adopt ordinances related to paintball guns (Delaware only
authorizes Wilmington to do so but Virginia authorizes all local authorities to do so. )
3. Illinois prohibits using a paintball gun from or across a street, sidewalk, road, highway,
public land, or public place except on a safely constructed target range.
4. Pennsylvania prohibits using a paintball gun against someone who is not participating in a
paintball game or activity.
5. Pennsylvania imposes requirements on transporting paintball guns in vehicles.
6. Pennsylvania imposes a criminal penalty for causing property damage with a paintball gun.
7. New Hampshire allows schools to expel students for possessing a paintball gun.
http: / /www.cga.ct.gov /2008 /rpt/2008 -r -057 Lhtm 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Page 2 of 6
8. Two states limit government liability if a government entity allows paintball on its property
(Florida and Texas).
9. Delaware designates paintball as an agritourism activity allowed on farms.
Pamtball guns may also be regulated in some states if they fit under a state's definition of a
"weapon" or a similar term. Laws regulating the sale, possession, use, or transportation of
"weapons" may apply to paintball guns in those states. For example, in two cases where minors
improperly used paintball guns to cause damage to persons and property, respectively, courts
held that paintball guns are weapons. A New York Supreme Court judge ruled that a paintball
gun that used a carbon dioxide cartridge was an "air -gun" within the meaning of the state's
Penal Law, and held a teen and his parents liable for injuries to another child caused by the
gun's misuse (Danielle A. v. Christopher P. , 776 N. Y. S. 2d 226 (2/13/04)). In State of New
Jersey, in the Interest of G. C. , 846 A. 2d 1222 (2004), the court found that a paintball gun
used to damage an unoccupied parked car was a weapon under that state's law making it
illegal for minors to possess weapons.
Since 2002, six bills in Connecticut addressed paintball guns but none have become law. These
proposals addressed using a motor vehicle to engage in paintball, prohibiting children from
shooting paintball at or near a home or vehicle, excluding paintball guns from the definition of
"firearm" in the penal code, and using or possessing non - biodegradable paintball pellets or
projectiles on public property.
PAINTBALL STATUTES IN OTHER STATES
Delaware
Town Ordinances. Delaware law generally prohibits towns from enacting laws regulating
firearms. But it specifically permits Wilmington to enact a law or ordinance on possessing or
concealing paintball guns as necessary to protect public safety (22 Del. C. § 111)
Agritourism. Effective July 21, 2008, Delaware provides that agritourism activities, which
include paintball, may be allowed on farms of 10 or more acres subject to certain provisions (9
Del. C. § 306)
Florida
Government Liability. A Florida law:
1. encourages government owners or lessees of property to make land available to the public for
paintball, among other things;
2. recognizes that government owners or lessees have failed to make property available for these
activities because of the exposure to liability and the cost of insurance, if available; and
3. recognizes that risks and dangers are inherent in these activities, which should be assumed
by the participants.
The law does not grant authority or permission to engage in these activities unless a
government entity specifically designates land for use. The government entity must post a rule
in each designated area identifying authorized activities and indicating that a child under age
http: / /www.cga.ct.gov /2008 /rpt/2008- r- 0571.htm 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Page 3 of 6
17 cannot engage in the activities until the entity has written consent, in an acceptable form,
from the child's parents or legal guardians.
A government entity or public employee is not liable to anyone who voluntarily participates in
paintball for damage or injury to people or property from participating in the activity in a
designated area. This does not limit liability that would otherwise exist for:
1. failing to guard against or warn of a dangerous condition which a participant does not and
cannot reasonably be expected to have notice;
2. gross negligence by the government entity or public employee that is the proximate cause of
the injury; or
3. the government entity's failure to obtain written consent from the parents or legal guardians
of a child under age 17 before authorizing the child to participate, unless the child's
participation violates posted rules.
The law does not create a duty of care or basis of liability for death, personal injury, or damage
to personal property and does not waive sovereign immunity. It does not limit the liability of an
independent concessionaire or a person or organization (other than a government entity or
public employee) for injuries or damages suffered as a result of their operating paintball
equipment on public property, regardless of whether the person or organization has a
contractual relationship with a government entity to use the public property. Anyone who
participates or assists in paintball assumes the known and unknown inherent risks in these
activities and is legally responsible for all damages, injury, or death to himself, herself, or other
persons or property which result from these activities. Anyone who observes paintball activities
also assumes the known and unknown inherent risks in these activities and is legally
responsible for all damages, injury, or death to himself or herself which result from these
activities. A government entity that sponsors, allows, or permits paintball on its property is not
required to eliminate, alter, or control the inherent risks in these activities.
While engaged in paintball, irrespective of where such activities occur, a participant is
responsible for:
1. acting within the limits of his or her ability and the purpose and design of the equipment
used;
2. maintaining control of himself or herself and the equipment used; and
3. refraining from acting in a manner that may cause or contribute to death or injury of
himself, herself, or others.
Failing to comply with these requirements is negligence.
If a government entity carries insurance that covers any of these acts, it does not waive the
protections of the law (Fla. Stat. § 316. 0085).
Illinois
Sale to and Use By Minors. Illinois law includes paintball guns under the definition of "air
rifles" and regulates their sale to and possession by minors under age 13.
http: / /www.cga.ct.gov /2008 /rpt/2008 -r -057 Lhtm 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Page 4 of 6
The law prohibits a dealer from selling, lending, renting, giving, or otherwise transferring an air
rifle to someone under age 13 when the dealer knows or believes the person is under 13 or the
dealer does not make a reasonable inquiry into the person's age. It also prohibits anyone else
from selling, giving, lending or otherwise transferring an air rifle to someone under age 13
except for the child's parent, guardian, or adult instructor or someone who legally stands in
place of the minor's parents.
Someone under age 13 cannot carry an air rifle on public streets or public land unless it is
unloaded. Someone under age 13 can only possess an air rifle if:
1. it is kept within his or her house of residence or other private enclosure;
2. he or she is an enrolled member of a club, team, or society organized for educational
purposes that maintains or has written permission to use a rifle range under the supervision,
guidance, and instruction of a responsible adult and the air rifle is actually used in connection
with the activities and under adult supervision; or
3. it is used in or on private grounds or a residence and it is used in a way that does not
endanger people or property and that prevents the projectile from passing over any place
outside the limits of the grounds or residence.
The law does not prohibit sales (1) by wholesalers, (2) for shipment out -of- state, or (3) for target
ranges as provided by the act or for military or veterans' organizations.
State police, sheriffs, and police officers must seize, at the owner's expense, an air rifle sold or
used in a way that violates these provisions. Dealers who violate these provisions commit a
petty offense, which is subject to a fine of up to $ 1,000. Anyone who violates any other
provision commits a petty offense and must pay a fine of up to $ 50.
The law does not invalidate any town ordinance with greater restrictions or limits on sales,
purchases, use, or possession of air rifles (720 ILCS 535/1 et seq. ).
Where Air Rifles Cannot Be Used. The law prohibits discharging an air rifle from or across a
street, sidewalk, road, highway, public land, or public place except on a safely constructed
target range. The same penalties listed about apply to this provision (720 ILCS 535/1 et seq. ).
New Hampshire
School Expulsion. New Hampshire allows local school boards to expel a pupil for possessing a
paintball gun (RSA 193: 13).
Sale to and Use By Minors. The law makes it a violation to sell, rent, or give a paintball gun to
someone under age 18 without the written consent of the person's parent or guardian. Someone
under age 18 can only use a paintball gun at home under parental supervision or on an
approved range under responsible adult supervision. Someone under age 18 can only possess a
paintball gun at home under parental supervision or on the way to or from an approved range
that is under the supervision of a responsible adult such as an instructor in gun safety or
marksmanship (RSA 644: 14) .
Pennsylvania
http: / /www.cga.ct.gov /2008 /rpt/2008- r- 0571.htm 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Page 5 of 6
Carrying in Vehicles and Use Against Non - Players. Pennsylvania law prohibits someone
from carrying a paintball gun or paintball marker in a vehicle on a highway unless:
1. it is empty of encapsulated gelatin paintballs;
2. the propellant source on the paintball gun or paintball marker is disconnected, disabled, or
turned off;
3. the paintballs are stored in a separate and closed container; and
4. the paintball gun or paintball marker is in a secure wrapper, has a barrel - blocking device, or
is not readily or directly accessible from the passenger compartment of the vehicle.
This does not apply to a commercial paintball field, range, or course where passengers are
transported by the operator to and from designated player areas.
An individual cannot discharge or fire a paintball gun or paintball marker at a person who is
not participating in paintball games or paintball- related recreational activities.
A violation is a summary offense punishable by up to 90 days in prison, a fine of up to $ 300,
or both (18 Pa. C. S. § 2707. 2).
Causing Property Damage. It is criminal mischief if a person intentionally defaces personal,
private, or public property by discharging a paintball gun or paintball marker at that property.
This crime is a:
1. felony of the third degree if the actor intentionally causes (a) pecuniary loss in excess of $
5,000 or (b) a substantial interruption or impairment of public communication; transportation;
supply of water, gas or power; or other public service (punishable by up to seven years in
prison, a fine of up to $ 15,000, or both);
2. misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess
of $ 1,000 (punishable by up to two years in prison, a fine of up to $ 5,000, or both) ;
3. misdemeanor of the third degree if the actor intentionally or recklessly causes pecuniary loss
in excess of $ 500 (punishable by up to one year in prison, a fine of up to $ 2,500, or both); or
4. summary offense (punishable by up to 90 days in prison, a fine of up to $ 300, or both) (18
Pa. C. S. § 3304).
Rhode Island
Sale to Minors. Rhode Island prohibits selling paintball guns to someone under age 18 without
the written authorization of the minor's parent or legal guardian. Violations are subject to one
to five years in prison, fines of $ 1,000 to $ 3,000, or both and the weapons are confiscated
(Gen. Laws § 11- 47 -42).
Texas
http: / /www.cga.ct.gov /2008 /rpt/2008 -r -057 Lhtm 3/11/2011
LEGISLATION ON PAINTBALL GUNS
Page 6 of 6
Government Liability. Texas law limits the liability of a government unit that allows paintball
activities on premises it owns, operates, or maintains. It also requires posting a warning sign
(Tex. Civ. Prac. & Rem. Code § 75. 002).
Virginia
Local Ordinances. Virginia allows its counties, cities, and towns to regulate "pneumatic guns"
which include paintball guns. A locality can adopt an ordinance to prohibit the shooting of
pneumatic guns in any area that is so heavily populated that it is dangerous to inhabitants and
can require a parent, guardian, or other adult approved by a parent or guardian to supervise a
minor under the age of 16 in use of pneumatic guns on private or public property. The
ordinance can specify that minors above 16 can, with a parent's or guardian's written consent,
use a pneumatic gun at any place designated for use by the local governing body or on private
property with the owner's consent. The ordinance can specify that a minor is responsible for
obeying all laws, regulations, and restrictions on use. Any penalty set by an ordinance cannot
exceed a Class 3 misdemeanor (punishable by a fine of up to $ 500).
An ordinance cannot prohibit use of pneumatic guns at shooting ranges or other property
where firearms may be discharged.
A parent, guardian, Junior Reserve Officers Training Corps instructor, or certified instructor
must directly supervise training minors in using pneumatic guns. Minors over 16 can be
trained without direct supervision if approved by the minor's instructor, with the permission of
and under the responsibility of a parent or guardian. Ranges and instructors may be certified
by the National Rifle Association, a state or federal agency with a certification program, a
service of the Department of Defense, or a person authorized by these authorities to certify
ranges and instructors.
The law authorizes the creation and operation of commercial or private areas designated for use
of pneumatic paintball guns for recreational use. Participants must be given equipment to
protect the face and ears and signs must warn against entering the paintball area unprotected
or unaware that paintball guns are in use (Va. Code § 15. 2 -915. 4).
CONNECTICUT PROPOSED BILLS
Since 2002, six bills in Connecticut addressed paintball guns but none have become law. One
proposal, introduced in three session, would have required a three -month driver's license
suspension and 120 hours of community service for someone who uses a motor vehicle to
engage in paintball. This proposal was introduced in 2003 (Proposed Bill 5851), 2005 (Proposed
Bill 5117), and 2007 (Proposed Bill 5087). It received a public hearing in 2005 and 2007 but no
further action. A bill in 2005 (Proposed Bill 5483) would have prohibited children from shooting
paintballs at or near a home or vehicle. Another bill in 2005 (SB 1133) would have amended the
definition of "firearm" in the penal code to exclude paintball guns but this provision was not
included in the version of the bill that became law. A 2008 bill (S13 626) would have made it an
infraction to use or possess a paintball pellet or projectile on state or municipal property unless
it was biodegradable. This bill received a public hearing but no further action.
CR: is
http: / /www.cga.ct.gov /2008 /rpt/2008 -r -057 Lhtm 3/11/2011