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:| State | Legal Status | Governing Agency | Key Statute |
|---|---|---|---|
| California | Illegal without a permit | CA Dept. of Fish and Wildlife | CA Code of Regulations, Title 14 § 671 |
| Texas | Illegal (except for fox squirrels with permit) | Texas Parks & Wildlife Dept. | Texas Parks & Wildlife Code § 43.022 |
| New York | Illegal (classified as "wildlife") | NY Dept. of Environmental Conservation | NY Environmental Conservation Law § 11-0511 |
| Florida | Illegal (requires Class III permit) | FL Fish and Wildlife Conservation Commission | FL Admin. Code § 68A-6.002 |
| Ohio | Legal with a wildlife propagation permit | Ohio Dept. of Natural Resources | Ohio 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
- Online portals (e.g., Texas Online Permitting System)
- Mail or in-person to your state wildlife agency.
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
- Assuming "No Law = Legal"
- Many states do not explicitly ban squirrels but regulate them under broader wildlife laws. Ignorance is not a defense.
- Buying from Unlicensed Sellers
- Online sales (e.g., "pet squirrels for sale") are almost always illegal. Sellers often lack permits.
- Failing to Renew Permits
- Most permits expire annually. Lapsed permits can lead to fines or confiscation.
- 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
| Violation | Federal Penalty | State Penalty (Example: California) |
|---|---|---|
| Possession without permit | Up to $15,000 fine | $500–$10,000 fine |
| Sale/Transport without permit | Up to $250,000 fine + 6 months jail | Misdemeanor charge (up to 1 year jail) |
| Cruelty or neglect | Felony 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?
- Contact your state wildlife agency immediately.
- Surrender the squirrel to a licensed rehabber to avoid penalties.
- 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
| Agency | Website | Phone Number |
|---|---|---|
| U.S. Fish & Wildlife Service | fws.gov | (800) 344-9453 |
| California DFW | wildlife.ca.gov | (916) 445-0411 |
| Texas Parks & Wildlife | tpwd.texas.gov | (512) 389-4800 |
| New York DEC | dec.ny.gov | (518) 402-8924 |
| Florida FWC | myfwc.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.
Michael Chen, Esq.
Verified AuthorTrusts & Estate Attorney
Admitted to the California State Bar. Advises families and high-net-worth individuals on revocable living trusts, tax planning, and probate administration.
