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Squirrels & Wildlife

Is It Illegal to Shoot Squirrels? It Depends Where You Are

Squirrels are game animals with seasons in most US states, and firing a weapon in town is separately illegal. What the law says, and what works instead.

By The Grow In Backyard Team 3 min read Save to Pinterest — opens Pinterest in a new tab
A grey squirrel foraging on a mown lawn
Photo: DS Pugh, CC BY-SA 2.0, via Wikimedia Commons
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Usually there are two separate laws in play, and people tend to check neither: one governing the animal, and one governing discharging a weapon where you are standing.

The two layers

1. The animal’s legal status. In most US states, grey and fox squirrels are game animals. That means:

  • A hunting licence
  • A defined season, typically autumn into winter
  • Bag limits
  • Sometimes restrictions on weapon type

Taking one outside that framework is a wildlife offence, with fines and possible licence loss.

2. Where you are. Most municipalities prohibit discharging a firearm within city limits, and many include air rifles and pellet guns in the definition. Rural areas usually impose safe-distance rules from dwellings, roads and property lines.

Both have to be satisfied. Satisfying one is not enough.

Air rifles are frequently covered

People assume an air rifle sits outside firearm ordinances. In many jurisdictions it does not — and in some it is separately regulated. Check the specific wording of your local ordinance before assuming.

The damage-control exception

Many states allow a landowner to take animals actively causing property damage, sometimes without a licence and sometimes requiring a permit issued in advance.

The conditions are usually narrow: demonstrable damage, specified methods, sometimes a reporting requirement. It is not a general licence to shoot squirrels in the garden, and it does not override municipal firearm ordinances.

Outside the US

United Kingdom. Grey squirrels are a non-native invasive species and may be controlled year-round — but it is an offence to release one once trapped, under the Wildlife and Countryside Act. Red squirrels are fully protected, and harming one or disturbing a drey carries serious penalties.

Europe. Varies by country; reds are protected in many.

Canada and Australia. Provincial and state rules, often similar in structure to the US.

Trapping is regulated too, and differently

Often more tightly than shooting:

  • Permits required in many states
  • Trap types specified
  • Checking intervals mandated — usually daily
  • Relocation frequently prohibited

Relocation is usually both illegal and fatal

A relocated squirrel arrives in occupied territory with no caches, no drey and no knowledge of where anything is. Survival rates are poor. It also moves disease into a new population, which is why so many jurisdictions ban it outright.

“Humane relocation” mostly means moving the animal somewhere out of sight to die.

Keeping one is regulated separately again, and in most states it is not permitted — see can squirrels be pets.

Exclusion. For the actual problem — squirrels in a roof, attic or soffit — removing an animal changes nothing while the hole remains, because another arrives within days.

  1. Find every entry point. Soffits, vents, roof junctions, gaps at fascia boards.
  2. Check for young before sealing. Spring and late summer are the litter seasons, and sealing a nursing female out is both cruel and often illegal.
  3. Use a one-way door to let occupants leave without returning.
  4. Seal with metal — flashing, hardware cloth. Squirrels chew straight through wood, foam and plastic.
  5. Trim branches back six to eight feet from the roof.

For feeders: a baffle on a smooth pole, ten feet from any launch point.

For bulbs and plants: wire mesh laid over planting areas, or bulbs squirrels dislike — daffodils, alliums and fritillaries are all largely left alone.

None of this requires a permit, and all of it lasts longer than removing one animal.

Common questions

Is it illegal to shoot squirrels?

It depends on where you are and which squirrel. In most US states grey and fox squirrels are game animals, which means a hunting licence, a defined season and bag limits — shooting one out of season or without a licence is a wildlife offence. Separately, most towns and cities prohibit discharging any firearm within city limits, and many include air rifles in that. So a squirrel in a suburban garden is usually protected by two different sets of rules at once.

Can I shoot squirrels in my own yard?

Rarely without checking first. Even where the animal itself may legally be taken, local ordinances on discharging firearms and air guns usually apply inside town and city limits, and safe-distance rules from dwellings and roads apply in rural areas. Some states allow a landowner to control animals causing property damage, sometimes requiring a permit. The combination is specific enough that a call to your state wildlife agency is the only reliable answer.

Is it illegal to kill squirrels generally?

Killing a game animal out of season or without a licence is an offence in most US states, and cruelty statutes apply to the method regardless of season. In the UK the position inverts by species: grey squirrels are invasive and may be controlled year-round, but it is an offence to release one once trapped, and red squirrels are fully protected with heavy penalties for harming them.

Is trapping squirrels legal?

Trapping is regulated separately from shooting and is often more restricted. Many US states require a permit, specify trap types, and mandate checking intervals. Relocation is the part people get wrong — it is prohibited in many jurisdictions, because it spreads disease and because relocated squirrels usually die, having no territory, no caches and no shelter. In the UK it is an offence to release a trapped grey squirrel.

What can you legally do about squirrels in your attic?

Exclusion, which is legal everywhere and is also the only durable fix. Find the entry points, wait until any young have left or have a professional handle it, then seal with metal flashing or hardware cloth — squirrels chew through wood, foam and plastic. A one-way door lets animals out without letting them back. Removing one squirrel changes nothing if the hole remains, because another arrives.

Are red squirrels protected?

In the UK, strictly — harming, killing or disturbing a red squirrel or its drey is an offence carrying serious penalties. In parts of Europe they are similarly protected. In the United States, the American red squirrel is a different species and is generally treated as a game or unprotected animal depending on the state, so the name alone does not tell you the legal position.

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