Shooting a BB gun is similar in nature to hitting a baseball, throwing a football, or any other activity that is allowed by law on your own property, but may cause damage to the property of another. As long as the object remains within the confines of the property of the person engaging in the activity, it is not illegal. When the object leaves the person’s property and damages the property of another, several legal issues come into question:
If the act was intentional it may fall within the criminal law; if the act was unintentional, then it may fall within the civil law.
In the case of the criminal law violation – we (the police and you) would have to prove “beyond a reasonable doubt” that a particular person utilized a specific object to intentionally cause damage to your property.
In the case of a civil law violation – you would have to file suit and prove by “preponderance of the evidence” that someone living at the residence where you have witnesses a person shooting a BB gun caused damage to your property.
This information was brought to you by the department of Public Safety.