Dominic Gaines was arrested and charged with child endangerment for posting a photo on Facebook of himself holding his baby daughter Paradise and a BB gun.
The child’s mother discovered the picture and the maternal grandmother called the police.
Police in Colerain Township, Ohio said the gun was positioned too close to the baby girl to be considered safe, reports WLWT-TV.
Police also mistook the BB gun for a real gun. Gaines' father Wilson Dykes told Fox 19: “It’s really been blown out of proportion."
Gaines' attorney Andy Schoenling said: “What had happened was he had his nephews over, as well as his daughter, they were all playing. He was playing with a BB gun with his nephews. His brother walked in and wanted to take a picture of him with his daughter, he incidentally happened to be holding the BB gun in the picture."
Although being hit by a BB can hurt, the guns do not have the capability to kill anyone and are frequently given to children to shoot.
Gaines is currently being held on $2,000 bond in the Hamilton County Jail.
Gaines is not the first person to be arrested for possessing an airsoft or BB gun that was mistaken for a handgun.
A group of young men were surrounded by police in Washington State after they bought real-looking airsoft guns at a sporting goods store in 2011. More than half a dozen police officers pulled guns on the men and arrested them.