Owning a squirrel is illegal in most US states, and that surprises a lot of people who have watched a neighbor hand-feed one for years.
The question of whether it is illegal to own a squirrel does not have one national answer. Federal law sets a baseline, but state wildlife agencies hold most of the authority over what animals you can legally keep at home.
The common misconception is that squirrels are like any other small pet. They are not. Most states classify squirrels as native wildlife, and keeping native wildlife is restricted almost everywhere.
This article breaks down federal law, California rules, Texas rules, Florida, Washington, flying squirrel exceptions, permit options, wild versus captive distinctions, and actual penalty ranges for illegal ownership in 2026.
Is It Illegal to Own a Squirrel?
Yes, owning a squirrel is illegal in the majority of US states, primarily because squirrels are classified as native wildlife rather than domestic animals.
Most state wildlife codes prohibit the private possession of native wild animals without a specific permit. Squirrels, being native to virtually every US state, fall under this protection in most jurisdictions. The classification as native wildlife is what makes the difference between a squirrel and, say, a rabbit.
The legal framework is not about whether squirrels are dangerous. It is about protecting wild populations from the pet trade and preventing the spread of wildlife diseases through captive animals.
Quick Facts:
- Squirrel ownership is illegal in the majority of US states without a permit
- The classification as “native wildlife” is the key legal trigger in most states
- Federal law under the Lacey Act reinforces state-level bans on wildlife trafficking
- A small number of states do allow squirrel ownership under specific conditions
States that ban squirrel ownership do so through their fish and wildlife codes, which prohibit keeping any native species without authorization. The enforcement agency varies but is typically the state department of fish and wildlife or natural resources.
Is It Legal to Own a Squirrel?
It is legal to own a squirrel in a limited number of US states, and the rules vary significantly depending on whether the animal is wild-caught or captive-bred.
States that allow squirrel ownership typically require that the animal come from a licensed breeder. Wild-caught squirrels are prohibited in virtually every state, even those that otherwise allow captive-bred squirrels as pets. The source of the animal is a legal distinction that matters as much as the state you live in.
The states most commonly associated with allowing squirrel ownership include some Southern and Midwestern states that have more permissive wildlife possession frameworks. Even in those states, local ordinances may impose additional restrictions.
Quick Facts:
- Legal in a small number of states, typically for captive-bred animals only
- Wild-caught squirrels are prohibited even in permissive states
- Local city or county ordinances may restrict squirrels even in legal states
- No federal law grants universal permission to own squirrels
Think of squirrel ownership law like a traffic light that is mostly red. A few states turn it green under specific conditions, a handful run a yellow light requiring permits, and most states are a hard stop.
Is It Legal to Own a Pet Squirrel?
Owning a pet squirrel is legal in a small number of states but requires strict sourcing from captive breeding operations and, in many cases, a valid possession permit.
The term “pet squirrel” refers specifically to captive-bred animals sold through licensed breeders. These are animals that have never lived in the wild and were bred specifically for sale. Even so, the legal status depends entirely on the state you live in.
States that conditionally allow pet squirrels often impose enclosure requirements, veterinary documentation standards, and prohibitions on releasing the animal back into the wild. Releasing a captive squirrel is itself a separate violation in many states.
| Condition | Legal Requirement | Notes |
|---|---|---|
| Source of animal | Must be captive-bred from licensed breeder | Wild-caught prohibited everywhere |
| State permit | Required in most states that allow ownership | Varies by state agency |
| Enclosure standards | Specified minimum size in permit states | Varies by state |
| Veterinary records | Required in some states | Proof of captive-bred origin |
| Release prohibition | Releasing captive squirrel is illegal | Even in legal ownership states |
The practical reality is that captive-bred squirrels are rare and expensive compared to wild squirrels. The legal path to ownership is narrow and requires deliberate effort to stay on the right side of the law.
Key Takeaway: Squirrel ownership is illegal in most US states. Where it is allowed, the animal must be captive-bred, often permitted, and subject to ongoing care and enclosure requirements.
Is It Illegal to Own a Squirrel in California?
Yes, it is illegal to own a squirrel in California for private residents.
California classifies squirrels as native wildlife under Title 14 of the California Code of Regulations and the California Fish and Game Code. Native wildlife cannot be possessed without specific authorization, and no permit pathway exists for ordinary residents who simply want a squirrel as a pet.
The California Department of Fish and Wildlife (CDFW) enforces this prohibition. Gray squirrels, fox squirrels, and ground squirrels are all protected under state wildlife law. Even captive-bred squirrels sourced from out-of-state breeders cannot legally be brought into California for private possession.
Quick Facts:
- California Fish and Game Code prohibits native wildlife possession without authorization
- Title 14 CCR Section 671 lists restricted species including native squirrels
- CDFW is the enforcement agency
- No private pet ownership permit exists for squirrels in California
California’s approach is consistent with its treatment of other native species. The state prioritizes ecological protection over individual pet ownership desires, and squirrels are no exception.
Is It Legal to Own a Squirrel in California?
No, it is not legal to own a squirrel in California under any circumstances available to private residents.
This is not a gray area. California does not issue restricted species permits for squirrel ownership to private individuals. The permit framework that exists in California, under its Restricted Species Program, is designed for zoos, wildlife sanctuaries, research institutions, and licensed educational exhibitors. Private homes do not qualify.
People who move to California from states where squirrel ownership was legal face an immediate compliance problem. California law does not recognize out-of-state permits or prior lawful ownership. The animal must be surrendered, transferred out of state, or the owner faces enforcement action.
What California law requires:
- Immediate surrender or transfer of squirrel to licensed facility if moving to California
- No grace period for pre-existing ownership from another state
- CDFW has authority to seize the animal and issue civil penalties
- Bringing a squirrel across the California border as a pet is a separate violation
The bottom line is simple. California has one of the strictest native wildlife possession frameworks in the country. Squirrels, regardless of their captive-bred status, are not legal pets there.
What States Allow Pet Squirrels?
A limited number of states allow pet squirrels, primarily in the South and parts of the Midwest, and most require a permit or restrict ownership to captive-bred animals.
The states most commonly associated with allowing squirrel ownership include Tennessee, Florida (under Class III permit), Texas (with significant conditions), and a handful of others. Even in these states, the rules are not simple. You cannot simply buy a squirrel from someone in your neighborhood and call it a pet.
| State | Squirrel Ownership Status | Permit Required | Key Rule |
|---|---|---|---|
| Florida | Legal with permit | Yes, Class III wildlife | Must be from licensed source |
| Tennessee | Legal under certain conditions | Conditional | Captive-bred preferred |
| Texas | Restricted | Varies by species | Chapter 63 Parks and Wildlife Code |
| South Carolina | Legal with conditions | Recommended | Local rules apply |
| Indiana | Conditionally legal | Wildlife possession license | Captive-bred required |
| Michigan | Restricted | DNR permit required | Flying squirrel more accessible |
These states represent the most permissive end of the spectrum. Even within them, individual counties and cities may impose additional restrictions that override state law for local residents.
What States Is It Illegal to Own a Squirrel?
Squirrel ownership is illegal in the majority of US states, including California, New York, Georgia, Virginia, Illinois, and most others that classify squirrels as native protected wildlife.
The states with the clearest prohibitions are those with comprehensive native wildlife possession bans, which cover any species native to the state unless specifically exempted. Since squirrels are native to every US state, the default position in most wildlife codes is prohibition.
States with confirmed squirrel ownership bans (representative list):
- California: Fish and Game Code and Title 14 CCR Section 671
- New York: Environmental Conservation Law Section 11-0103
- Georgia: OCGA 27-5-5 wild animal classification
- Virginia: Code of Virginia 29.1-521 prohibition on native wildlife possession
- Illinois: Illinois Wildlife Code 520 ILCS 5/2.36
- Ohio: Revised Code 1531.02 native wildlife possession ban
- Washington State: RCW 77.15.120 unlawful wildlife trafficking
These states take different approaches in their statutes but arrive at the same result. Keeping a squirrel without authorization is a wildlife violation subject to civil or criminal penalties.
Key Takeaway: The majority of US states ban squirrel ownership through native wildlife possession laws. The states that allow it are a minority, and even they impose permit and sourcing requirements.
Is It Legal to Own a Squirrel in Texas?
Owning a squirrel in Texas is legally complicated, and the answer depends on the species and how the animal was obtained.
Texas Parks and Wildlife Code Chapter 63 governs nongame wildlife. Gray squirrels and fox squirrels are classified as nongame animals in Texas. Taking or possessing nongame wildlife requires compliance with Texas Parks and Wildlife regulations, and specific rules apply to keeping them as pets.
Texas generally does not allow private residents to keep wild-caught native squirrels as pets long-term. Short-term rehabilitation of injured wildlife is handled through licensed wildlife rehabilitators. For permanent possession as a pet, the rules become restrictive.
Texas squirrel ownership specifics:
- Wild-caught squirrels cannot be kept as permanent pets under Texas nongame regulations
- Licensed wildlife rehabilitators can temporarily house injured squirrels
- Texas Parks and Wildlife Department regulates all nongame species
- Captive-bred squirrels from licensed out-of-state sources occupy a legal gray area in Texas
The practical situation in Texas is that enforcement of squirrel possession for personal pets is inconsistent, but the legal framework does not clearly authorize private long-term squirrel ownership for most native species.
Is It Legal to Own a Squirrel in Florida?
In Florida, owning a squirrel is legal under specific conditions through the state’s Class III wildlife permit system.
Florida classifies native squirrels as Class III wildlife under Florida Statute 379.3761 and the Florida Fish and Wildlife Conservation Commission (FWC) regulations. Class III animals can be owned by private residents with a valid Class III wildlife possession license issued by the FWC.
Getting a Class III permit in Florida requires completing an application, paying a fee, meeting minimum enclosure standards, and demonstrating basic knowledge of the animal’s care requirements. The permit must be renewed annually.
| Florida Class III Permit Requirement | Detail |
|---|---|
| Application requirement | FWC online application with personal information |
| Fee | Approximately $50 to $100 per permit period |
| Enclosure standards | Minimum cage size specified by FWC regulations |
| Knowledge demonstration | Basic care quiz or documentation |
| Renewal | Annual renewal required |
| Source restriction | Animal must come from legal source |
Florida’s system is one of the more accessible permit frameworks in the country for squirrel ownership. But getting the permit is required. Owning a squirrel in Florida without a Class III permit is a wildlife violation.
Is It Legal to Own a Squirrel in Washington State?
No, it is not legal to own a squirrel as a pet in Washington State for private residents.
Washington State classifies squirrels as native wildlife under the Washington Department of Fish and Wildlife regulations. RCW 77.15.120 makes it a wildlife violation to possess native wildlife species without proper authorization. Squirrels, as native animals, fall squarely under this prohibition.
Washington does not offer a private pet ownership permit for squirrels. The permits that exist under Washington wildlife law are for rehabilitation purposes, scientific research, and educational display, not personal pet ownership.
Quick Facts:
- Washington State RCW 77.15.120 prohibits unauthorized native wildlife possession
- Washington Department of Fish and Wildlife (WDFW) enforces the ban
- No private pet ownership permit available for squirrels
- Violations are classified as wildlife trafficking offenses
Washington’s position aligns with its broader commitment to native species protection. The state takes wildlife violations seriously, and the penalties for unlawful wildlife possession can escalate to criminal charges for repeat offenses.
Key Takeaway: Florida is one of the few states offering a clear legal permit path for squirrel ownership. California, Washington, New York, and most other states maintain firm bans with no private pet permit available.
Where Is It Legal to Own a Squirrel?
Squirrel ownership is most clearly legal in Florida with a Class III permit, and conditionally legal in Tennessee, Indiana, and a small number of other states.
No state allows squirrel ownership with zero conditions. The states that permit it all require some combination of a permit, captive-bred sourcing, and enclosure standards. The most permissive states are clustered in the South and parts of the Midwest.
| State | Legal Status | Permit Required | Notes |
|---|---|---|---|
| Florida | Legal with permit | Yes, Class III FWC license | Most structured legal pathway |
| Tennessee | Conditionally legal | Conditional | Captive-bred animals preferred |
| Indiana | Conditionally legal | Wildlife possession license | State DNR oversight |
| South Carolina | Legal with conditions | Recommended | Local ordinances apply |
| North Carolina | Restricted | State wildlife permit | Limited permit availability |
| Ohio | Generally banned | N/A | Revised Code 1531.02 applies |
People who want to legally own a squirrel should start with Florida’s Class III permit system, as it provides the clearest and most established legal pathway in the country. For all other states, contacting the state fish and wildlife agency directly before purchasing is the only way to get a current and accurate answer.
Is It Legal to Keep a Wild Squirrel?
No, it is not legal to keep a wild squirrel as a permanent pet in any US state.
Wild-caught squirrels are protected under state wildlife laws in all 50 states. Taking a squirrel from the wild and keeping it as a pet is classified as unauthorized wildlife possession and is a violation in every jurisdiction. This applies even in states where captive-bred squirrels can be legally owned.
The legal distinction between a wild-caught and captive-bred squirrel is one of the most important in this area of law. A squirrel that was born in the wild and captured, even as a baby, is a wild animal under the law. Documentation proving captive breeding is essential for any legal ownership claim.
Key reasons wild squirrel possession is universally prohibited:
- State wildlife codes protect all native wildlife populations
- Wild-caught animals cannot be laundered into legal pet status
- Disease risk from wild animals is higher and less regulated
- Wild animals are considered property of the state, not capturable by private citizens
Wildlife rehabilitation is the one narrow exception. Licensed rehabilitators can temporarily house wild squirrels for the purpose of returning them to nature. That is not pet ownership, and it requires a specific state-issued rehabilitation permit.
Can You Keep a Squirrel You Found?
No, you cannot legally keep a squirrel you found, whether injured, orphaned, or simply wandering, in any US state without specific wildlife rehabilitation authorization.
The most common scenario leading to this question is someone who finds an injured baby squirrel and nurses it back to health. The emotional attachment is understandable. The legal reality is that keeping the animal without a permit is a wildlife violation regardless of how the animal came to be in your care.
The correct legal procedure for a found squirrel is to contact a licensed wildlife rehabilitator in your state. These individuals hold state-issued permits specifically for temporary care and release of wild animals. They are the only people legally authorized to handle and house wild squirrels for extended periods.
What to do legally if you find a squirrel:
- Contact your state fish and wildlife agency for referral to a licensed rehabilitator
- Do not attempt to keep or domesticate the animal
- Provide temporary containment only if necessary for immediate safety
- Transfer the animal to a licensed facility as quickly as possible
Some states, like California, have resources through the CDFW to locate licensed wildlife rehabilitators quickly. Federal law under the Lacey Act additionally prohibits the interstate transport of illegally taken wildlife, so bringing a wild-caught squirrel across state lines compounds the legal exposure.
Is It Legal to Own a Flying Squirrel?
Yes, flying squirrels are legal to own in more states than ground squirrels or gray squirrels, making them the most accessible squirrel species for legal pet ownership in the US.
The Southern Flying Squirrel (Glaucomys volans) and Northern Flying Squirrel (Glaucomys sabrinus) are sometimes treated differently than other squirrel species in state wildlife codes. Some states that ban gray squirrel ownership allow flying squirrels from licensed breeders.
Flying squirrel captive breeding is more established than for other squirrel species, and there is a small but active market for captive-bred flying squirrels sold legally through licensed breeders. States with Class III or similar permit systems, like Florida, explicitly include flying squirrels within the legal ownership framework.
| State | Flying Squirrel Status | Notes |
|---|---|---|
| Florida | Legal with Class III permit | FWC license required |
| Tennessee | Conditionally legal | Captive-bred preferred |
| Michigan | More accessible than gray squirrel | DNR guidance applicable |
| California | Illegal | Title 14 CCR Section 671 applies |
| New York | Illegal | Environmental Conservation Law applies |
| Washington | Illegal | RCW 77.15.120 applies |
Even in states where flying squirrels are more accessible, wild-caught flying squirrels remain prohibited. The animal must come from a licensed breeder with documentation proving captive origin.
Key Takeaway: Flying squirrels are the most accessible squirrel species for legal pet ownership and are allowed under permit in Florida and several other states, but wild-caught flying squirrels are prohibited everywhere.
Squirrel Ownership Permit Requirements
Permit requirements for squirrel ownership vary by state but share common elements including proof of captive-bred sourcing, enclosure specifications, and annual renewal obligations.
States that offer permits for squirrel ownership, primarily Florida through its Class III system, require applicants to meet specific standards before approval. The permit is not automatic, and meeting the minimum requirements is necessary before purchasing the animal.
Common permit requirements across states that allow squirrel ownership:
- Application submitted to the state fish and wildlife agency
- Proof that the animal will come from a licensed breeder
- Enclosure meeting minimum size and security specifications
- Annual permit fee, typically ranging from $50 to $150
- Basic care knowledge demonstrated through documentation or quiz
- Home inspection in some states before permit issuance
- Annual renewal with current documentation
USDA APHIS licensing applies to commercial breeders who sell squirrels across state lines. Buyers purchasing from these breeders in states that permit ownership do not need federal permits themselves, but the breeder must hold current APHIS credentials.
Violating permit conditions, including sourcing an animal from an unlicensed seller or failing to maintain required enclosures, can result in permit revocation and confiscation of the animal.
Penalty for Owning a Squirrel Illegally
Penalties for illegally owning a squirrel range from civil fines starting at a few hundred dollars to criminal misdemeanor charges in states with stricter wildlife possession laws.
The penalty level depends on the state, whether the offense is a first violation, and whether the squirrel was wild-caught or obtained through other illegal means. Wild-caught squirrel possession is treated more seriously than possession of a captive-bred squirrel in many state systems.
| State | Penalty Type | Fine Range | Criminal Exposure | Statute |
|---|---|---|---|---|
| California | Civil and criminal | $500 to $5,000 | Misdemeanor possible | Fish and Game Code 12000 |
| Washington | Criminal wildlife offense | $500 to $5,000 | Gross misdemeanor | RCW 77.15.120 |
| New York | Civil and criminal | $250 to $2,500 | Misdemeanor | ECL 71-0921 |
| Virginia | Criminal | $200 to $2,500 | Class 3 misdemeanor | Code 29.1-521 |
| Georgia | Civil and criminal | $500 to $1,000+ | Misdemeanor possible | OCGA 27-5-5 |
| Florida | Civil, permit violation | $50 to $500 | Revocation of permit | FWC regulations |
The Lacey Act adds federal exposure when squirrels are transported across state lines in violation of state law. Lacey Act violations for wildlife trafficking can result in fines up to $10,000 per violation and potential federal criminal charges for knowing violations.
Animal confiscation occurs in all cases regardless of fine payment. The squirrel itself is seized and placed with a licensed rehabilitator, sanctuary, or educational facility.
Squirrel Ownership Laws by State 2026
Squirrel ownership laws remained largely stable heading into 2026, with no major new state legislation opening previously closed jurisdictions or closing previously open ones.
The core framework in 2026 is the same as prior years. Most states ban it. Florida, Tennessee, Indiana, and a handful of others allow it under permit. California, Washington, New York, Georgia, and Virginia maintain firm bans. Flying squirrels remain the most accessible option in permit-friendly states.
| State | Status 2026 | Permit | Key Law |
|---|---|---|---|
| California | Banned | N/A | Fish and Game Code, Title 14 CCR 671 |
| Florida | Legal with permit | Class III FWC license | Florida Statute 379.3761 |
| Washington | Banned | N/A | RCW 77.15.120 |
| Texas | Restricted | Unclear pathway | Parks and Wildlife Code Ch. 63 |
| New York | Banned | N/A | ECL 11-0103 |
| Georgia | Banned | N/A | OCGA 27-5-5 |
| Virginia | Banned | N/A | Code 29.1-521 |
| Tennessee | Conditionally legal | Conditional | Tennessee Wildlife Resources Agency |
| Indiana | Conditionally legal | Wildlife possession license | Indiana DNR |
One trend to watch in 2026 is growing advocacy from exotic pet communities for clearer state-level legislation defining captive-bred squirrel status separately from wild-caught status. Several states are considering rulemaking on this distinction, but no state had enacted changes as of 2026.
Checking with your specific state fish and wildlife agency before purchasing a squirrel from any source remains the most reliable way to get current legal guidance for your jurisdiction.
Frequently Asked Questions
Is it illegal to own a squirrel in the United States?
Yes, owning a squirrel is illegal in the majority of US states without specific authorization.
Most states classify squirrels as native wildlife and prohibit private possession without a permit.
A small number of states, including Florida and Tennessee, allow ownership under permit with sourcing restrictions.
No federal law permits universal squirrel ownership, and the Lacey Act can add federal charges to state violations.
What states allow you to keep a squirrel as a pet?
Florida is the most clearly legal state for pet squirrel ownership through its Class III wildlife permit system.
Tennessee and Indiana allow ownership under conditional frameworks, typically requiring captive-bred animals.
South Carolina permits squirrel ownership with conditions, and a few other states have limited allowances.
Even in legal states, wild-caught squirrels are prohibited and permits are mandatory.
Can you legally keep a squirrel you found injured or orphaned?
No, you cannot legally keep a squirrel you found, even if it is injured or orphaned.
The correct action is to contact a licensed wildlife rehabilitator in your state.
Licensed rehabilitators hold state-issued permits specifically for temporary care and release of wild animals.
Keeping a found squirrel without authorization is a wildlife possession violation in all 50 states.
Is it legal to own a flying squirrel as a pet?
Flying squirrels are legal to own in more states than other squirrel species and are the most accessible option for legal squirrel ownership.
Florida allows flying squirrel ownership under its Class III permit, and several other states have more permissive rules for this species.
Wild-caught flying squirrels are still prohibited everywhere; only captive-bred animals from licensed breeders are allowed.
California, Washington, and New York ban flying squirrel ownership along with all other squirrel species.
What is the penalty for illegally owning a squirrel?
Penalties range from civil fines starting around $250 to criminal misdemeanor charges depending on the state.
California and Washington can impose fines up to $5,000 with potential criminal exposure for repeat violations.
The animal is confiscated in all cases regardless of fine payment.
Interstate transport of an illegally held squirrel can trigger federal Lacey Act charges with fines up to $10,000 per violation.
Closing
Squirrel ownership is one of those legal topics where common sense and wildlife law pull in opposite directions. Squirrels seem harmless enough. But state wildlife codes exist to protect native populations, and they apply whether or not anyone thinks the rule makes sense.
Bookmark this page before making any decisions about squirrel ownership and share it with anyone who has found an injured squirrel or is considering one as a pet. The legal picture is clear in 2026, and knowing it before you act is the smart move.
