Boney Family Lawyer
Administrative & Gov LawAttorney Authored & Peer-Reviewed

Can You Legally Own Squirrels as Pets? Laws & Rules

Learn if you can legally own squirrels as pets, including federal and state laws, permits, penalties, and step-by-step compliance requirements.

MCE
Trusts & Estate Attorney
Peer Reviewed by Marcus Brody, JD
Published on August 29, 2026 at 10:01 PM 7 min read

You cannot legally own a squirrel as a pet in most U.S. states without a wildlife rehabilitation permit or special exemption. Federal and state laws classify squirrels as native wildlife, restricting private ownership to protect ecosystems and public health.

This guide covers the exact legal framework, permit processes, state-specific rules, and penalties for illegal ownership. If you’re considering a squirrel as a pet, read this first to avoid fines or confiscation.


Statutory & Regulatory Framework

Federal Laws

Squirrels fall under the Migratory Bird Treaty Act (MBTA, 16 U.S.C. § 703–712) and the Lacey Act (16 U.S.C. § 3371–3378), which prohibit the possession, sale, or transport of native wildlife without federal permits. The U.S. Fish and Wildlife Service (USFWS) enforces these laws but rarely issues permits for pet ownership. Exceptions exist only for:
  • Licensed wildlife rehabilitators (50 CFR § 21.12)
  • Educational or scientific institutions (50 CFR § 13.21)

State Laws

State wildlife agencies regulate squirrel ownership under state-specific codes. Rules vary widely:
StateLegal StatusGoverning AgencyKey Statute
CaliforniaIllegal without a permitCA Dept. of Fish and WildlifeCA Code of Regulations, Title 14 § 671
TexasIllegal (except for fox squirrels with permit)Texas Parks & Wildlife Dept.Texas Parks & Wildlife Code § 43.022
New YorkIllegal (classified as "wildlife")NY Dept. of Environmental ConservationNY Environmental Conservation Law § 11-0511
FloridaIllegal (requires Class III permit)FL Fish and Wildlife Conservation CommissionFL Admin. Code § 68A-6.002
OhioLegal with a wildlife propagation permitOhio Dept. of Natural ResourcesOhio Admin. Code § 1501:31-15-03

Note: Even in states where permits exist, they are typically issued only for rehabilitation, education, or research—not personal pet ownership.

Municipal & County Rules

Some cities or counties impose additional restrictions. For example:
  • Los Angeles County (CA): Bans all native wildlife possession under County Code § 10.44.010.
  • Cook County (IL): Requires a wildlife permit for any native species, including squirrels.

Action Step: Always check your local ordinances via your city or county government website.


Step-by-Step Process & Requirements

1. Determine Your State’s Legal Status

  • Visit your state wildlife agency’s website (e.g., California DFW, Texas TPWD).
  • Search for "exotic pet laws" or "wildlife possession permits."
  • Look for terms like "prohibited species list" or "native wildlife restrictions."

2. Apply for a Wildlife Permit (If Allowed)

If your state permits squirrel ownership (e.g., Ohio, rare cases in Texas), follow these steps:

Required Documents

  • Application form (e.g., Ohio’s Wildlife Propagation Permit)
  • Proof of experience (e.g., prior wildlife rehabilitation work)
  • Inspection of facilities (caging, veterinary access, escape-proofing)
  • Veterinarian letter (confirming ability to provide care)
  • Fee payment ($25–$200, depending on state)

Typical Wait Time

  • 30–90 days for processing.
  • Denials are common for pet ownership requests.

Where to Submit

3. Obtain a Federal Permit (If Required)

If you plan to transport squirrels across state lines or keep a migratory species (e.g., eastern gray squirrel), you may need a USFWS permit:
  • Form 3-200-64: Application for a Wildlife Rehabilitation Permit.
  • Fee: $100–$200.
  • Processing time: 60–120 days.

Note: Federal permits are not issued for pet ownership—only for rehabilitation or education.

4. Source a Squirrel Legally

Even with a permit, you cannot capture a wild squirrel. Legal sources include:
  • Licensed wildlife rehabilitators (with proper documentation).
  • Breeders with state permits (rare; most states ban commercial breeding).
  • Rescues (some states allow transfers from rehabbers).

Warning: Purchasing squirrels online (e.g., Craigslist, Facebook) is illegal in most states and may result in confiscation.


Common Pitfalls, Exceptions, & Penalties

Compliance Mistakes to Avoid

  1. Assuming "No Law = Legal"
    • Many states do not explicitly ban squirrels but regulate them under broader wildlife laws. Ignorance is not a defense.
  2. Buying from Unlicensed Sellers
    • Online sales (e.g., "pet squirrels for sale") are almost always illegal. Sellers often lack permits.
  3. Failing to Renew Permits
    • Most permits expire annually. Lapsed permits can lead to fines or confiscation.
  4. Improper Housing
    • States require specific caging standards (e.g., escape-proof, minimum dimensions). Non-compliance can void permits.

Exceptions (Where Ownership May Be Allowed)

  • Wildlife Rehabilitators: Can temporarily care for injured squirrels but must release them.
  • Educational Facilities: Zoos or schools may obtain permits for display or research.
  • Non-Native Species: Some states allow non-native squirrels (e.g., Indian palm squirrels) with permits. Check your state’s exotic pet list.

Penalties for Illegal Ownership

ViolationFederal PenaltyState Penalty (Example: California)
Possession without permitUp to $15,000 fine$500–$10,000 fine
Sale/Transport without permitUp to $250,000 fine + 6 months jailMisdemeanor charge (up to 1 year jail)
Cruelty or neglectFelony charges (18 U.S.C. § 42)$20,000 fine + 3 years jail

Real-World Example: In 2022, a Texas man was fined $5,000 and had his pet squirrel confiscated after posting videos online. The state cited Texas Parks & Wildlife Code § 43.022 (illegal possession of native wildlife).


Frequently Asked Questions (FAQs)

Can I keep a baby squirrel I found?

No. Even if injured, you must surrender it to a licensed wildlife rehabilitator within 48 hours (varies by state). Keeping it without a permit is illegal.

What happens if I get caught with a pet squirrel?

Authorities will confiscate the squirrel, issue a fine, and may press criminal charges (misdemeanor or felony, depending on state law).

How long does it take to get a wildlife permit?

30–120 days, depending on the state and permit type. Federal permits take longer (60–120 days).

Can I own a squirrel in Florida?

No. Florida requires a Class III permit for native wildlife, and squirrels are not eligible for pet ownership. Only licensed rehabbers or educators may apply.

Are there any states where squirrels are legal without a permit?

No. All states regulate native wildlife. Some (e.g., Ohio) allow permits, but no state permits pet ownership without restrictions.

What should I do if I already have a pet squirrel?

  1. Contact your state wildlife agency immediately.
  2. Surrender the squirrel to a licensed rehabber to avoid penalties.
  3. Do not release it into the wild—this is illegal and harmful to ecosystems.

Practical Next Steps & Checklist

Immediate Action Plan

  • Step 1: Check your state wildlife agency’s website for squirrel regulations.
  • Step 2: Search for "[Your State] wildlife possession permit" to find application forms.
  • Step 3: Contact a licensed wildlife rehabilitator if you found an injured squirrel.
  • Step 4: Review local ordinances (city/county) for additional restrictions.
  • Step 5: If considering a permit, gather proof of experience, vet letters, and facility plans.

Official Contact Portals

AgencyWebsitePhone Number
U.S. Fish & Wildlife Servicefws.gov(800) 344-9453
California DFWwildlife.ca.gov(916) 445-0411
Texas Parks & Wildlifetpwd.texas.gov(512) 389-4800
New York DECdec.ny.gov(518) 402-8924
Florida FWCmyfwc.com(850) 488-4676
Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. Laws change frequently; consult your state wildlife agency or a licensed attorney for current guidance.

Key Statutory Takeaways

  • Contemporaneous written records are crucial for establishing statutory liability.
  • Filing deadlines (statute of limitations) apply strictly from the date of infraction.
  • Administrative remedies (EEOC/FEPA) must precede federal civil filings.
MCE

Michael Chen, Esq.

Verified Author

Trusts & Estate Attorney

Admitted to the California State Bar. Advises families and high-net-worth individuals on revocable living trusts, tax planning, and probate administration.

Mandatory Legal & Editorial DisclaimerThe content provided on Boney Family Lawyer is for educational and informational purposes only and does not constitute formal legal advice, representation, or an attorney-client relationship. State laws vary; consult a licensed attorney in your jurisdiction regarding specific legal issues.