Is It Illegal to Shoot Squirrels? Laws and Penalties 2026

Shooting squirrels is not automatically illegal, but in most suburban and urban settings in 2026, it is effectively prohibited by local firearm discharge ordinances even when state hunting law would allow it.

The question has three separate answers depending on where you are: in a rural area during hunting season with a license, it’s often legal. In a suburban neighborhood, local ordinances typically make it illegal regardless of season. In a city, it’s almost certainly prohibited.

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Most people who search this question are dealing with squirrels raiding their garden or attic. They assume that because squirrels are common and sometimes destructive, shooting them on their own property must be fine. That assumption is wrong in most populated areas.

This article covers all 17 legal dimensions of this topic, from state hunting laws and license requirements to protected species, penalty ranges, and legal alternatives.

Is It Illegal to Shoot Squirrels?

Shooting squirrels is not categorically illegal across the United States, but whether it is legal in a specific situation depends on three separate legal frameworks that must all be satisfied simultaneously: state wildlife law, local discharge ordinances, and species-specific protections.

State wildlife law typically classifies gray squirrels and red squirrels as game animals with open hunting seasons and bag limits. During those seasons, with a valid hunting license, shooting squirrels is legal under state law. Outside of season, without a license, or using prohibited methods, it becomes a wildlife violation.

Local discharge ordinances create a second and often more restrictive layer. Most municipalities and many counties prohibit the discharge of firearms within city or county limits, regardless of what state hunting law says. These ordinances exist for public safety reasons and typically apply to all firearms, including air guns in some jurisdictions.

The three-part legal check required before shooting squirrels:

• State wildlife law: Is it squirrel season? Do you have a hunting license?
• Local discharge ordinance: Does your county or city allow firearm discharge on residential property?
• Species protection: Is the specific squirrel species you are targeting protected under state or federal law?

Is It Legal to Shoot Squirrels?

Shooting squirrels is legal in most U.S. states during designated hunting seasons, with a valid state hunting license, on property where discharge of firearms is permitted, and when targeting a legal game species rather than a protected one.

The majority of states classify Eastern gray squirrels, red squirrels, and in some regions western gray squirrels as legal game animals. These species are not protected by the Endangered Species Act and are not migratory birds covered by the Migratory Bird Treaty Act. State wildlife agencies set their own seasons and regulations.

The legal window is narrower than most people expect. Even in rural areas where discharge is legal, shooting outside of established squirrel seasons, using prohibited weapons, or exceeding bag limits creates a wildlife violation. States with year-round squirrel seasons are in the minority.

In states like Texas, Georgia, Tennessee, and Virginia, squirrel seasons typically run from late summer through early winter, with daily bag limits of between four and eight squirrels per hunter depending on the state.

Quick Facts:

• Squirrel classified as game animal in most states: Yes
• Hunting license required: Yes, in virtually all states
• Season restrictions: Most states have defined seasons, not year-round
• Bag limits: Typically 4 to 8 per day depending on state
• Year-round open season: A small number of states, particularly in the South

Is It Illegal to Shoot Squirrels in Your Backyard?

Shooting squirrels in your backyard is illegal in the vast majority of suburban and urban locations because of local firearm discharge ordinances that prohibit discharging any firearm within city or county limits, regardless of what state wildlife law says.

This is the answer most people need and rarely find clearly stated. Even if your state has an open squirrel season and you hold a valid hunting license, your city or county discharge ordinance almost certainly overrides all of that. Most residential areas, suburbs, and municipalities have discharge bans that apply to all firearms.

The firearm discharge ordinance is typically found in local municipal codes rather than state law. It covers all firearms, including air rifles and pellet guns in many jurisdictions. Violating a discharge ordinance can result in a fine, and in some municipalities, misdemeanor charges.

Rural property without a discharge ordinance presents a different situation. In many rural counties, no discharge ordinance exists, and state hunting law is the only applicable framework. A landowner in rural Texas or rural Georgia shooting squirrels on their own unincorporated rural property during squirrel season with a license is typically operating within the law.

Can You Shoot Squirrels in Your Backyard?

You can legally shoot squirrels in your backyard only in rural areas where no local discharge ordinance applies, during the state’s open squirrel season, with a valid hunting license, and using a legal weapon for the jurisdiction.

That is a specific combination of conditions. Most people reading this live in a suburban or urban area where at least one of those conditions fails. The discharge ordinance alone eliminates the option for most suburban homeowners.

The practical test is whether your address falls within a municipality or county that has adopted a discharge ordinance. If it does, shooting squirrels in your backyard is not legal regardless of any other factor. If you’re in an unincorporated rural area without such an ordinance, state hunting law becomes the controlling framework.

Even in rural areas, “backyard” is still subject to setback requirements in some states. Several states require hunters to discharge firearms a minimum distance from structures, roads, and property lines. Shooting from a backyard deck ten feet from a fence line might violate setback rules even in an otherwise permissive jurisdiction.

Conditions required for legal backyard squirrel shooting:

• No local discharge ordinance at your address
• State squirrel season is currently open
• Valid state hunting license held
• Weapon used is legal under state and local law
• Minimum setback distances from structures and property lines are met
• Property ownership or explicit landowner permission

Can You Shoot Squirrels on Your Property?

You can shoot squirrels on your own property when state hunting law permits it, local discharge ordinances do not prohibit it, and you hold the required hunting license, but owning the property alone does not create any special exemption from these rules.

Property ownership is one of the most common sources of legal confusion here. People assume that on their own land, they have the right to shoot what they want. That is not how wildlife law works in the United States. Wildlife is owned by the state, not by the landowner. Squirrels on your property belong to the state until legally harvested.

Some states provide landowner hunting license exemptions or reduced-fee licenses for hunting on one’s own property, but these still require following season dates, bag limits, and weapon restrictions. The landowner exemption, where it exists, typically only means you don’t need a license to hunt on your own land, not that all other rules are waived.

In states like Texas, landowners and their immediate family members who reside on the property may hunt small game on that property without a hunting license under Texas Parks and Wildlife Code Section 42.002. But season dates and bag limits still apply.

Key Takeaway: Property ownership does not override state wildlife law, local discharge ordinances, or species protections. Shooting squirrels on your own land is subject to all three legal frameworks, and landowner exemptions vary significantly by state.

Is It Legal to Shoot Squirrels in Your Yard?

Shooting squirrels in your yard is legal only when all applicable rules are satisfied, and for most residential yards in suburban or urban settings, local discharge ordinances make it illegal regardless of other factors.

The yard-specific question brings the location issue into clearest focus. Most residential yards, whether in a city, suburb, or small town, fall within jurisdictions that prohibit firearm discharge. The yard’s location, not its size or the landowner’s intentions, determines the applicable discharge law.

Some homeowners ask about using pellet guns or BB guns as a workaround, reasoning that those aren’t “real” firearms. Many discharge ordinances cover air guns and pellet guns specifically, particularly where they are capable of causing injury. Others do not. Checking the specific local ordinance language is the only reliable way to know.

A practical reality: even in areas where shooting might technically be legal, doing so in a residential yard creates neighbor relations and public safety issues that can lead to a visit from local law enforcement even if no specific violation occurred.

Squirrel Shooting Laws in Urban Areas

Squirrel shooting laws in urban areas almost universally prohibit discharging any weapon, including air rifles and pellet guns, within city or municipal limits, making shooting squirrels in urban settings effectively illegal throughout the United States in 2026.

Urban discharge ordinances exist in every major U.S. city and most minor ones. These ordinances are public safety measures, not wildlife-specific rules. They apply to all firearms indiscriminately. The squirrel’s status as a game animal is irrelevant when you’re in a zone where no firearm may be discharged.

Cities that have addressed air gun discharge specifically, such as many California municipalities, explicitly ban pellet guns and BB guns within city limits. In other cities, the ordinance language covers all “projectile weapons” or “dangerous weapons,” which encompasses pellet guns under most legal interpretations.

The only legal squirrel control options for urban residents are typically trapping (with species-appropriate live or kill traps, subject to state law) and exclusion (preventing squirrel access to structures). Hiring a licensed wildlife control operator is a third option that transfers the legal compliance obligation to a professional.

Urban squirrel shooting: consistently illegal because:

• Municipal discharge ordinances prohibit all firearm discharge within city limits
• Air guns and pellet guns are typically covered by these ordinances
• State hunting law requires discharge to be legal under local law
• Urban parks and public spaces have additional specific prohibitions
• Even with a license and in season, local ordinances control

Is It Legal to Shoot Squirrels in the City?

Shooting squirrels in a city is illegal in virtually every U.S. city in 2026 due to municipal firearm discharge ordinances, and no hunting license or state season opens up any legal path to shooting squirrels within city limits.

This is one of the clearest answers in this entire topic. Cities have discharge bans. Those bans apply to all firearms. There is no exception for squirrel hunting, nuisance wildlife control, or property owners. The law is effectively uniform on this point across American municipalities.

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Even if a squirrel is actively destroying your property or is in your attic, shooting it in an urban setting is not a recognized legal remedy. The solution must be non-lethal: exclusion, live trapping and relocation under applicable state permits, or hiring a licensed wildlife control professional who operates under a nuisance wildlife control operator permit.

Some cities have nuisance wildlife ordinances that allow licensed wildlife control operators to use certain methods not available to the general public. A licensed professional operating under a state nuisance wildlife control permit may have different options than a homeowner acting independently.

Squirrel Hunting Laws by State

Squirrel hunting laws vary by state in terms of season dates, bag limits, license requirements, and weapon restrictions, but virtually all states that permit squirrel hunting classify it as a regulated game activity requiring a hunting license.

The states with the most permissive squirrel hunting frameworks, including extended seasons and higher bag limits, are concentrated in the South and Midwest. States like Georgia, Tennessee, Alabama, Mississippi, and Missouri have squirrel hunting traditions reflected in relatively generous season dates and bag limits.

States with more restrictive frameworks, including California, tend to have shorter seasons, stricter weapon limitations, and more regulations around discharge locations.

Note: Verify current season dates with your state wildlife agency before hunting.

Do You Need a Hunting License to Shoot Squirrels?

Yes, a hunting license is required to shoot squirrels in almost every U.S. state, with limited exceptions for landowners hunting on their own property in certain states and for some youth and senior exemptions.

Squirrels classified as game animals are subject to state hunting license requirements regardless of whether they are considered a pest or nuisance by the landowner. The classification of the animal as a game species means state hunting regulations apply, and those regulations universally include a license requirement.

Landowner exemptions exist in some states. Texas is a notable example, where landowners and their immediate family members who reside on the property may hunt certain species without a hunting license under Texas Parks and Wildlife Code. Ohio provides a similar landowner exception for hunting on agricultural land the landowner operates. But even where license exemptions exist, season dates and bag limits still apply.

States that provide landowner hunting exemptions:

• Texas: Parks and Wildlife Code Section 42.002
• Ohio: ORC 1533.12 (agricultural land exemption)
• Some other states have similar provisions for immediate family members

In states without such exemptions, shooting squirrels without a license, even on your own property, is a wildlife violation carrying fines and potential license points.

Key Takeaway: A hunting license is required to shoot squirrels in most states, and the landowner exemption that exists in some states still requires compliance with season dates and bag limits. Local discharge ordinances apply regardless of license status.

Squirrel Season Hunting Regulations

Squirrel hunting seasons are established by state wildlife agencies and typically run from late summer or early fall through late winter, with specific dates, bag limits, and weapon restrictions that vary significantly by state.

Most states set squirrel season dates annually and publish them in official state hunting regulations guides available from state fish and wildlife agencies. Seasons are designed to protect breeding populations and align with times when young of the year are old enough to be independent.

Beyond season dates, states regulate the type of weapons that may be used during squirrel season. Most allow centerfire rifles, shotguns, rimfire rifles, and archery equipment. Some states restrict certain weapons in certain zones or near certain areas. Air rifles and pellet guns of sufficient power are legal for squirrel hunting in many states during open season.

Bag limits during season range from 4 per day in more restrictive states to 12 per day in more permissive ones. Possession limits, which govern how many squirrels you may legally have in your possession at once, are typically two to three times the daily bag limit.

Shooting outside of established season dates, even with a license, is taking game out of season, a wildlife violation that carries fines and potential license revocation.

Can You Shoot Squirrels With a Pellet Gun?

You can shoot squirrels with a pellet gun in most states where squirrel hunting is legal during open season, but local discharge ordinances often prohibit pellet guns in the same areas where other firearms are banned, particularly in urban and suburban settings.

Many states specifically allow air rifles and pellet guns as legal weapons for squirrel hunting during open season, and some states have specific minimum caliber or velocity requirements to ensure the weapon is capable of humanely taking the animal.

The critical legal question is whether the local discharge ordinance covers air guns and pellet guns. California, for example, has many municipalities where the discharge ordinance specifically includes air guns. In those areas, a pellet gun carries the same legal risk as a centerfire firearm for discharge purposes.

In rural areas without discharge ordinances, using a pellet gun during squirrel season is often the preferred choice for suburban-adjacent rural hunters because of the reduced noise and shorter effective range. Many states specifically list air rifles as an approved weapon type for small game hunting.

Pellet gun squirrel shooting checklist:

• State hunting law permits air rifles for squirrel hunting: Check state regulations
• Open squirrel season is in effect: Verify current dates with state agency
• Valid hunting license held: Required in most states
• No local discharge ordinance prohibiting air guns: Check local municipal code
• Property owner permission or legal access: Required

Can You Shoot Squirrels With a BB Gun?

Shooting squirrels with a BB gun is typically not recommended under hunting regulations because BB guns generally do not have sufficient velocity or energy to humanely kill a squirrel, and some states specifically prohibit using BB guns for hunting game animals.

The BB gun question is distinct from the pellet gun question. Standard BB guns (shooting .177 caliber steel balls) typically operate at 250 to 500 feet per second, which is often considered insufficient for clean, humane kills on game animals the size of a squirrel. Many states require a minimum muzzle velocity for hunting with air guns, and standard BB guns often fall below that threshold.

Inhumanely wounding an animal without killing it creates its own legal issues in states with animal cruelty statutes or in states where taking game in an inhumane manner is specifically prohibited.

Higher-powered air guns that use BB-type ammunition at higher velocities may qualify under some state regulations, but the standard consumer-grade BB gun used for backyard target practice is generally not a legal hunting weapon for squirrels in most states.

BB gun vs pellet gun for squirrel shooting:

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• Standard BB gun velocity: 250 to 500 fps (often below hunting minimums)
• Standard pellet gun velocity: 500 to 1,200 fps (often meets hunting minimums)
• Hunting humaneness requirement: Most states require sufficient power for clean kills
• Legal status of BB guns for hunting: Often prohibited by state hunting regulations
• Check state regulations: Some allow BB guns, many do not for game animals

Is It Legal to Trap Squirrels Instead of Shooting?

Trapping squirrels instead of shooting them is legal in most states, but trapping squirrels also requires compliance with state trapping regulations, may require a trapping license in some states, and creates legal obligations around how trapped animals are handled.

Live-capture trapping of squirrels is the most commonly recommended legal alternative to shooting for suburban and urban residents who cannot legally discharge a firearm. Most states allow property owners to trap nuisance squirrels on their own property using live traps without a trapping license, though this varies.

The critical legal question after trapping a squirrel is what you can do with it. Some states require that live-trapped nuisance wildlife be released on-site or within a specified distance. Others prohibit the relocation of squirrels because they can carry diseases and spreading them to new areas is a wildlife management concern. Killing a trapped squirrel may require a nuisance wildlife control permit in some states.

Kill traps present additional considerations. Using a conibear or other kill trap for squirrels requires compliance with state trapping regulations that specify which trap types are legal, minimum trap sizes, and requirements for checking trap frequency.

Trapping squirrels: key legal considerations:

• Live trapping by property owners: Legal in most states without a trapping license
• What to do with a live-trapped squirrel: Check state law; relocation may be prohibited
• Kill traps: Require compliance with state trapping regulations
• Trapping license: Required in some states for any squirrel trapping
• Hiring a licensed wildlife control operator: Transfers legal compliance to the professional

What Is the Penalty for Shooting Squirrels Illegally?

The penalty for shooting squirrels illegally ranges from civil wildlife fines of $50 to $500 for basic out-of-season or unlicensed violations to misdemeanor criminal charges and hunting license revocation for more serious violations.

The most common penalty for shooting squirrels without a license or out of season is a civil wildlife citation with a fine. The specific amount varies by state but typically falls in the $50 to $250 range for a first offense. In some states, repeat violations or more serious circumstances escalate the penalty significantly.

Shooting squirrels in a location where discharge is prohibited, such as within city limits in violation of a discharge ordinance, creates separate and potentially more serious liability. Discharge ordinance violations are typically municipal misdemeanor offenses with fines ranging from $100 to $1,000 depending on the municipality.

Hunting license revocation or suspension can accompany a conviction for certain wildlife violations. A suspended license prevents hunting of all species, not just squirrels, for the duration of the suspension.

Protected Squirrel Species Laws

Some squirrel species are protected by state or federal law, including certain fox squirrel populations, the Delmarva fox squirrel, and the Mount Graham red squirrel, and shooting these protected species carries significantly higher penalties than shooting common game squirrels.

The Delmarva fox squirrel (Sciurus niger cinereus) is listed as a recovered species under the Endangered Species Act, having been delisted in 2015. It is no longer federally listed, but state protections may still apply in its range states. The Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis) in Arizona remains listed as an endangered subspecies under the federal ESA, and harming one carries severe federal penalties.

Several state-specific fox squirrel populations have state-level protections even when not federally listed. Before hunting any squirrel, confirming that the species present are legal game species in that state is essential. In areas where multiple squirrel species coexist, misidentification is a real risk.

Federal ESA violations for taking a protected species can result in civil penalties up to $25,000 per violation and criminal penalties up to $50,000 and one year in federal prison.

Protected or restricted squirrel species:

• Mount Graham red squirrel: Federally endangered, Arizona
• Several state-listed fox squirrel populations: State protections vary
• Northern flying squirrel (Carolina subspecies): State-protected in parts of the Southeast
• Eastern gray squirrel: Legal game animal in most states, not protected

Shooting Squirrels as Nuisance Wildlife: The Laws

Shooting squirrels under nuisance wildlife provisions is a separate legal pathway from standard hunting that allows property owners to control destructive squirrels outside of regular hunting seasons in some states, but this pathway requires compliance with specific state nuisance wildlife regulations.

Most states have nuisance wildlife provisions within their wildlife codes that allow landowners to take (kill) specific species that are causing damage to property, crops, or structures. These provisions apply outside of regular hunting seasons and may not require a standard hunting license, but they often require a nuisance wildlife control permit or notification to the state wildlife agency.

The nuisance wildlife pathway is not unlimited. States that allow it specify which species qualify, what methods may be used, and what documentation or permits are required. In most states, squirrels are included as species that may be taken under nuisance provisions when they are causing documented damage.

But the discharge ordinance issue remains. Even with a valid nuisance wildlife permit, shooting a firearm within city limits in violation of a local discharge ordinance is still illegal. The nuisance wildlife permit addresses the wildlife law layer, not the discharge ordinance layer.

How nuisance wildlife provisions work for squirrels:

• Available in most states for property-damaging wildlife
• May require a nuisance wildlife control permit or written notification to state agency
• Methods may be restricted to specific types (traps, specific weapons)
• Does not override local discharge ordinances
• Hiring a licensed nuisance wildlife control operator is often the cleaner option

Frequently Asked Questions

Is it legal to shoot squirrels in your backyard?

In most suburban and urban backyards, shooting squirrels is illegal due to local firearm discharge ordinances that prohibit discharging any weapon within municipal or county limits.
In rural areas without discharge ordinances, it may be legal during state squirrel hunting season with a valid hunting license.
Property ownership does not override discharge ordinances or state hunting license requirements.
The legal alternative for most residential areas is live trapping, exclusion, or hiring a licensed wildlife control professional.

Do you need a hunting license to shoot squirrels on your own property?

A hunting license is required to shoot squirrels on your own property in most states.
Some states, including Texas and Ohio, provide landowner exemptions that allow hunting certain species on one’s own property without a license, but season dates and bag limits still apply.
The landowner exemption, where it exists, does not exempt the property owner from complying with local discharge ordinances.
Verify your state’s specific landowner exemption provisions with the state fish and wildlife agency before relying on this exception.

Can you shoot squirrels year round without a season restriction?

Most U.S. states have established squirrel hunting seasons and do not allow year-round shooting.
A small number of states, particularly in the South, have very long squirrel seasons that approach but do not always equal year-round open seasons.
Texas is among the states with the most permissive squirrel hunting rules, though specific season structures vary by region and species.
Shooting squirrels outside of the established season is a wildlife violation even on private property.

What is the penalty for shooting squirrels out of season?

The typical penalty for shooting squirrels out of season is a civil wildlife fine ranging from $75 to $500 for a first offense in most states.
More serious violations, repeat offenses, or violations involving protected species carry higher fines and potential hunting license revocation.
A separate discharge ordinance violation, if applicable, can result in an additional misdemeanor fine of $100 to $1,000.
Federal violations for taking ESA-listed squirrel species carry civil penalties up to $25,000 and criminal penalties up to $50,000 with potential imprisonment.

Are any squirrel species protected by law in the United States?

Yes, several squirrel species or subspecies are protected under state or federal law.
The Mount Graham red squirrel in Arizona is federally listed as an endangered subspecies under the Endangered Species Act.
Several fox squirrel populations have state-level protections in parts of their range even where not federally listed.
The northern flying squirrel’s Carolina subspecies has state protections in parts of the Southeast; always confirm that the squirrels you are targeting are legal game animals in your state before hunting.

Squirrel shooting law has more moving parts than most people expect. The right answer depends on your state, your county, your municipality, the time of year, your license status, and the specific species you are targeting.

Bookmark this page for reference and share it with neighbors or fellow property owners who are dealing with squirrel problems. The legal path forward is almost always available once you know which specific rules apply to your location.

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