Can You Shoot Barn Swallows? They’re Federally Protected

No, you cannot legally shoot barn swallows. They are protected under the federal Migratory Bird Treaty Act of 1918, and killing one can bring a fine of up to $15,000, up to six months in jail, or both.¹ The protection covers the birds, their nests, their eggs, and their young, and it applies whether the swallows are on your property or someone else’s.

Why Barn Swallows Are Federally Protected

The Migratory Bird Treaty Act covers all swallows along with hundreds of other migratory species.² The statute makes no distinction between rare and common birds. Barn swallows are one of the most abundant birds in North America, and they still receive the same federal protection as species on the brink.³ Congress passed the law to implement treaties with Canada, Mexico, Japan, and Russia.

Possession is also restricted. You cannot legally keep barn swallow feathers, eggs, or nests without a federal permit, even if you simply found the feather on the ground.²

What Counts as Illegal Harm

The statute prohibits killing, capturing, hunting, or possessing any migratory bird, and it also bars selling, shipping, or importing them or products made from them.⁴ For barn swallows, the conduct that most often lands people in trouble is shooting or poisoning birds, knocking down or hosing off an active nest with eggs or chicks, and keeping feathers or nests without a permit.²

Intent does not shield you. Misdemeanor violations of the MBTA are strict liability offenses, and courts have consistently held that prosecutors do not need to prove you meant to harm the bird.¹ The U.S. Fish and Wildlife Service also treats incidental take as covered, meaning harm from otherwise lawful activity such as construction that destroys nesting birds.⁵

What the Penalties Actually Look Like

A standard violation is a federal misdemeanor. The maximum is $15,000 in fines, six months in jail, or both.¹ Each bird harmed can be charged as a separate violation, so a single incident that kills several birds or destroys a nest of chicks can multiply quickly.

Felony charges apply when someone knowingly kills a migratory bird intending to sell or barter it. The MBTA’s felony provision sets a maximum of $2,000 and up to two years in prison, and federal courts can also apply the general sentencing statute in Title 18, which allows fines up to $250,000 for an individual felony defendant.¹ Most barn swallow prosecutions involve misdemeanor charges tied to nest destruction rather than commercial trafficking.

Nests and When You Can Touch Them

The active-versus-inactive distinction is the practical rule for property owners. An active nest, meaning one that contains eggs or chicks, cannot be disturbed without a federal permit. An empty nest, or one still under construction with nothing inside, can be removed without a permit.²

Barn swallows winter in Central and South America and return north to breed.⁶ The safe window for clearing old nests is after fall migration and before the birds return in late winter or spring. They reuse nesting sites, so removing empty nests in the off-season is one of the more effective preventive steps.

If You Really Need a Nest Gone

Once eggs or chicks are in place, the only legal path is a federal depredation permit from the U.S. Fish and Wildlife Service, using Form 3-200-13. The agency will not consider the application until you show you already tried nonlethal deterrents and they failed. You submit receipts, invoices, or contracts for the deterrents you used, along with photos of the damage. The processing fee is $50 for individuals and $100 for businesses, and government agencies are exempt.⁷

Even if the permit is granted, lethal control cannot be your primary method. You are required to keep using nonlethal deterrents alongside whatever the permit authorizes.⁸

Legal Ways to Keep Barn Swallows Off Your Property

Prevention before nesting is far easier than dealing with an active nest. Options include netting or wire mesh over eaves and overhangs, nesting shields and bird spikes, reflective tape and predator decoys, and ultrasonic devices in enclosed spaces like barns or garages. Physical barriers tend to work best long term; visual deterrents often lose their effect after a few days.

If a nest is under construction and does not yet hold eggs or chicks, you can wash the mud away. The FWS advises doing this frequently, because the birds may eventually pick a different site.² Barn swallows can finish a nest in a matter of days, and the moment eggs appear, you have to stop.

Reporting Someone Who Shoots Barn Swallows

If you see someone shooting barn swallows or destroying nests, you can report it to the U.S. Fish and Wildlife Service through its online law enforcement tip form or by phone at 1-844-FWS-TIPS (1-844-397-8477). Include the location and date, a description of what you saw, and any identifying details about the person or vehicle. Photos or video help if you can get them safely. The FWS advises keeping a safe distance if a crime is in progress.⁹

1
Office of the Law Revision Counsel. United States Code Title 16 – 707 Violations and Penalties; Forfeitures
2
U.S. Fish & Wildlife Service. Nuisance Swallows
3
National Park Service. Barn Swallows – White Sands National Park
4
Office of the Law Revision Counsel. United States Code Title 16 – 703 Taking, Killing, or Possessing Migratory Birds Unlawful
5
Federal Register. Migratory Bird Permits; Authorizing the Incidental Take of Migratory Birds
6
All About Birds. Barn Swallow Range Map
7
U.S. Fish & Wildlife Service. 3-200-13: Migratory Bird – Depredation
8
U.S. Fish & Wildlife Service. Federal Depredation Permit FAQ
9
U.S. Fish & Wildlife Service. How to Report Wildlife Crime