Is It Legal to Own a Flying Squirrel? State-by-State Guide
A flying squirrel looks like a small, easy pet, but because it's native wildlife across most of the country, most states regulate it like protected wildlife instead of exotic-pet stock. Out of the 20 states we've checked, only four are a clean yes, ten require a permit, and six are effective bans.
Is It Legal to Own a Flying Squirrel? State-by-State Guide
A flying squirrel doesn't look like a legally complicated pet, but relative to its size, it's likely the most legally complicated animal on this site, because it's genuinely native across most of the eastern and central US, so most states regulate it as protected wildlife rather than as exotic-pet-trade stock. For everything else about keeping one, see our full Flying Squirrel care guide, and the Flying Squirrel encyclopedia profile for the native range that explains why wildlife law applies here in the first place.
This guide reflects the 20 states we've checked so far. This species has to be checked against each state's native-wildlife statute individually rather than a single exotic-pet list, so our coverage here is smaller than for animals that only need an exotic-pet check, and we aren't claiming to have reviewed the other 30.
Where Flying Squirrels Actually Stand
| Where | Status | Why |
|---|---|---|
| Massachusetts, New Jersey, Tennessee, Texas | Legal, no permit needed | Each names the flying squirrel as exempt or falls outside the categories the state otherwise regulates |
| Florida | Permit, personal pet path exists | Classed as Class III wildlife; a free license is available, but the animal must trace to a lawfully captive-bred, USDA-licensed source |
| Georgia, North Carolina | Permit, not for pets | Both license statutes cover native wildlife for scientific, educational or exhibition purposes and expressly exclude an application filed merely as a pet |
| New York | Effectively banned | The special license required for a flying squirrel is issued for education, exhibition, propagation or rehabilitation, not personal pet-keeping |
| New Hampshire | Effectively banned | Requires the same exhibitor-only permit category New Hampshire uses for the box turtle; there is no individual category to apply under |
| Rhode Island | Effectively banned | Listed among native wild animals that cannot be kept without institutional status |
| Hawaii | Banned outright | The whole squirrel family is prohibited, and unlike most other banned states, not even a research or exhibition permit exists for this species |
The Four Clean States
Massachusetts, New Jersey, Tennessee, and Texas are the only states in our research where a flying squirrel is simply legal, no permit required. Massachusetts names the Southern Flying Squirrel directly on its exemption list, the one squirrel species on it. New Jersey's exempt list names the flying squirrel too, alongside red squirrel, chipmunk, hamster, gerbil, and guinea pig. Tennessee classes squirrels and chipmunks as Class III wildlife needing no TWRA possession permit, as long as the animal was legally sourced rather than taken from the wild. Texas simply never brings squirrels into its regulated categories: the closed statutory definition of fur-bearing animal that Texas otherwise controls doesn't include squirrels of any kind, and flying squirrels aren't on the state's dangerous-wild-animal list either.
Permit States Where "Permit" Doesn't Mean What You Think
Florida is the one permit state with a real personal-pet path. Flying squirrels default to Class III wildlife there, which requires a free license, and a "Personal Pet" questionnaire is enough to apply. The catch is sourcing: Florida requires the animal's lineage to trace to a lawfully captive-bred, USDA-licensed source, and a wild-caught animal doesn't qualify even if it was hand-raised from birth.
Georgia and North Carolina are a different story. Both states license native wildlife, including the flying squirrel, but both statutes say so explicitly: Georgia limits its wildlife licenses to "scientific, educational, or public exhibition purposes," and North Carolina's captivity-license law disqualifies an animal "acquired unlawfully or merely as a pet" in so many words. A permit category exists on paper in both states, but it isn't one an ordinary pet owner can use.
Indiana, Wisconsin, Illinois, Ohio, Maryland, Arizona, and Vermont regulate it under similar native-wildlife permit schemes, most of them rehabilitation, education, or exhibition permits rather than personal pet licenses. Indiana names Glaucomys volans directly as a Class I wild animal requiring a permit, though whether that tier is issued for personal ownership wasn't confirmed in what we reviewed, and Arizona's restricted-wildlife rule reaches the whole squirrel family Sciuridae by name, the same entry this site's prairie dog research already covers.
New York and New Hampshire don't ban the flying squirrel by name, they just never built a permit category an individual keeper can use. New York's wildlife law bars possessing "any wild animal for use as a pet," and DEC guidance names the flying squirrel, alongside bats, big cats, owls, skunks, and sugar gliders, as requiring a special license issued for education, exhibition, propagation, or rehabilitation, not pet-keeping. New Hampshire requires the exact same exhibitor-only Permittee Category 5 it uses for the box turtle, and there's no individual category to apply under at all. Rhode Island reaches the same dead end from its own native-wildlife rule, listing the flying squirrel among species that require institutional status to keep. Three rules, the same result: no route to legal ownership for an individual, even though none of them is technically a ban.
Hawaii, Alabama, and California
Hawaii is the cleanest ban in the research. Its prohibited-animal list bans the entire squirrel family, Sciuridae, and the only exceptions are two unrelated tree squirrel species for government zoo exhibition and marmots for university research. The flying squirrel isn't one of the named exceptions, so unlike most of the other banned states here, there isn't even a research or exhibition permit route.
Alabama's restriction is about origin: its rule bars importing several wild species, wild rodent among them, into the state from outside Alabama's borders, so a flying squirrel brought in from elsewhere falls under that wild-rodent category. California restricts most of the rodent order to begin with, carving out only a short list of domesticated species like hamsters, rats, mice, guinea pigs, and chinchillas, and flying squirrels aren't on that exception list.
The Real Takeaway
Out of 20 states checked, a pet flying squirrel is a clean legal yes in exactly four: Massachusetts, New Jersey, Tennessee, and Texas. Ten more require a permit, and in several of them, Georgia and North Carolina especially, the permit exists for rehabilitators and exhibitors, not pet owners. The six ban states split into two kinds: Hawaii's is total, with no pathway at all, while New York, New Hampshire, and Rhode Island reach the same outcome by never building an individual permit category in the first place. As always, city and county ordinances can add restrictions a state-level list won't show. For the broader framework behind rules like this, see our exotic pet legal hub.
To see this at a glance, our interactive map of flying squirrel laws shades every state we've checked, legal, permit, or banned, and clicking a state gives you the rule it comes from.
Sources & Further Reading
- 321 CMR 9.01, Massachusetts Exemption List (official Mass.gov regulation)
- New York Environmental Conservation Law § 11-0512 (New York State Senate, official text)
- Hawaii Administrative Rules § 4-71-6, List of Prohibited Animals (HDOA official PDF)
- New Hampshire Code of Administrative Rules, Chapter Fis 800 (New Hampshire General Court, official rules text)
❓ Frequently Asked Questions
Can I legally own a pet flying squirrel?
It depends heavily on the state. Of the 20 states checked so far, only four, Massachusetts, New Jersey, Tennessee, and Texas, are a clean legal yes with no permit needed. Ten more require a permit, and in several of those, including Georgia and North Carolina, the license statute explicitly excludes an application filed 'merely as a pet.' The remaining six are effective bans.
Why is a flying squirrel treated differently than a hamster or gerbil?
Because it's native wildlife across most of the eastern and central US, most states regulate it under native-species possession law rather than exotic-pet rules. New Jersey's exempt list is the exception that shows the contrast directly, naming the flying squirrel right alongside hamster, gerbil, and guinea pig, but most states don't extend that kind of blanket exemption to a native species.
Is a flying squirrel banned in Hawaii?
Yes, and with no pathway at all. Hawaii's prohibited-animal list bans the entire squirrel family Sciuridae, and the only exceptions are two unrelated tree squirrel species for government zoo exhibition and marmots for university research. The flying squirrel isn't one of the named exceptions, so unlike most other banned states in this research, there isn't even a research or exhibition permit route.
Written by Mike
Mike is the founder of Beastly Facts and a lifelong reptile enthusiast. He shares his home with Dex, a bearded dragon with strong opinions about crickets and basking schedules. Mike writes in-depth care guides, animal facts, and the occasional short story about life with exotic pets.
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