California laws regarding BB Guns, CO2 Guns, etc. ?

[devonhiee]

Hello,

I was wondering as to what are the laws in California regarding BB Guns, CO2 Guns, etc. I read that they were labelled as "Imitation Guns" but I am not sure if I was reading it right. Here is something I found these on the Attorney Generals website under the Firearm section:

http://ag.ca.gov/firearms/dwcl/dwc.htm
http://ag.ca.gov/firearms/2004bills.htm

I have no idea what those mean and I would like to know if I could carry a CO2 or BB Gun outside, concealed of course. If I can, would I be able to operate the gun if an emergency situation arose (ie: Robbery, Murder, etc.)? From what I read, the laws seem to go against the owner of the device if he/she reveals it in public. I am not sure about if they are in a pocket or not. Also I believe that it mentioned that the guns are to have

Also, can someone please tell me what this means:

For these purposes, "imitation firearm" does not include: -Historically significant nonfiring collector's replicas offered with a wall plaque or presentation case; -BB devices; or -Devices where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or transparent or translucent as provided by federal regulations governing imitation firearms (PC § 12555).

I don't understand it because in the beginning it mentions BB Devices as "imitation firearms" yet in this it excludes it.

Also it doesn't mention about owning a BB Gun or CO2 Gun that was made without the Orange color on the barrel.

Thanks a lot.

 

[acidshock]

Not a lawyer here but I think either way its a really bad idea. Myself being gun owner, CA has very strict laws regarding firearms and you could be most certain that in some way, shape, or form you would probably be considered carry a concealed weapon. Just like a if I carried a hammer or a screw driver in my jacket pocket. They could probably consider that you intended to use it as a concealed weapon and therefore it would be a concealed weapon. Anyways you know how CA can be

 

[Michael Wechsler]

Hello,

I was wondering as to what are the laws in California regarding BB Guns, CO2 Guns, etc. I read that they were labelled as "Imitation Guns" but I am not sure if I was reading it right. Here is something I found these on the Attorney Generals website under the Firearm section:

http://ag.ca.gov/firearms/dwcl/dwc.htm
http://ag.ca.gov/firearms/2004bills.htm

I have no idea what those mean and I would like to know if I could carry a CO2 or BB Gun outside, concealed of course. If I can, would I be able to operate the gun if an emergency situation arose (ie: Robbery, Murder, etc.)? From what I read, the laws seem to go against the owner of the device if he/she reveals it in public. I am not sure about if they are in a pocket or not. Also I believe that it mentioned that the guns are to have

Also, can someone please tell me what this means:

"For these purposes, "imitation firearm" does not include: -Historically significant nonfiring collector's replicas offered with a wall plaque or presentation case; -BB devices; or -Devices where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or transparent or translucent as provided by federal regulations governing imitation firearms (PC § 12555). "


I don't understand it because in the beginning it mentions BB Devices as "imitation firearms" yet in this it excludes it.

Also it doesn't mention about owning a BB Gun or CO2 Gun that was made without the Orange color on the barrel.

Thanks a lot.

I looked at the statutes and it seems that there is a specific section dealing with BBs and any gun that could be considered an "imitation firearm."

CHAPTER 6. MISCELLANEOUS
BB DEVICES AND IMITATION FIREARMS

12550. As used in this article, the following definitions apply:
(a) "BB device" is defined in subdivision (g) of Section 12001.
(b) "Firearm" is defined in subdivision (b) of Section 12001.
(c) "Imitation firearm" means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

Section 12001(g) states: (g) For purposes of Sections 12551 and 12552, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6 mm caliber, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.

The section dealing with carrying a BB gun seems to be covered here:

12556 (a) No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision (c), is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense.
(c) A third or subsequent violation of this section is punishable as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the imitation firearm is:
(1) Packaged or concealed so that it is not subject to public viewing.
(2) Displayed or exposed in the course of commerce, including commercial film or video productions, or for service, repair, or restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video, television, or stage production.
(4) Used in conjunction with a certified or regulated sporting event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest control activities.
(6) Used or possessed at certified or regulated public or private shooting ranges.
(7) Used at fairs, exhibitions, expositions, or other similar activities for which a permit has been obtained from a local or state government.
(8) Used in military, civil defense, or civic activities, including flag ceremonies, color guards, parades, award presentations, historical reenactments, and memorials.
(9) Used for public displays authorized by public or private schools or displays that are part of a museum collection.
(10) Used in parades, ceremonies, or other similar activities for which a permit has been obtained from a local or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) Used in areas where the discharge of a firearm is lawful.
(13) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings.
(f) Nothing in this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10.

 

[Michael Wechsler]

Without going into detail about the exception to imitation firearms, looking at the statute which is right there, it's clear:

12555.Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives, by mail order or in any other manner, an imitation firearm except as authorized by this section shall be liable for a civil fine in an action brought by the city attorney or the district attorney of not more than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of imitation firearms is authorized if the device is manufactured, purchased, sold, shipped, transported, distributed, or received for any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or competition.
(4) For use in military or civil defense activities, or ceremonial activities.
(5) For public displays authorized by public or private schools.
(c) As used in this section, "imitation firearm" does not include any of the following:
(1) A nonfiring collector's replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case.
(2) A BB device, as defined in subdivision (g) of Section 12001.
(3) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents, as provided by federal regulations governing imitation firearms.

Apparently there are additional areas of federal regulations where I think the operative words "unmistakable observation of the device's complete contents" might be revealing as to what the statute is intending to accomplish. I don't see any area that says you can't carry a concealed BB gun and perhaps this section covers it. Carrying might not be a problem but once you expose it then it may be.

12556.(a) No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision (c), is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense.
(c) A third or subsequent violation of this section is punishable as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the imitation firearm is:
(1) Packaged or concealed so that it is not subject to public viewing.
(2) Displayed or exposed in the course of commerce, including commercial film or video productions, or for service, repair, or restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video, television, or stage production.
(4) Used in conjunction with a certified or regulated sporting event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest control activities.
(6) Used or possessed at certified or regulated public or private shooting ranges.
(7) Used at fairs, exhibitions, expositions, or other similar activities for which a permit has been obtained from a local or state government.
(8) Used in military, civil defense, or civic activities, including flag ceremonies, color guards, parades, award presentations, historical reenactments, and memorials.
(9) Used for public displays authorized by public or private schools or displays that are part of a museum collection.
(10) Used in parades, ceremonies, or other similar activities for which a permit has been obtained from a local or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) Used in areas where the discharge of a firearm is lawful.
(13) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings.
(f) Nothing in this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10.

 

[Michael Wechsler]

Looking at the bills that you also included, it seems that now there is no mistaking that a BB gun is an "imitation firearm" -- but I think I see the source of your confusion, since later it seems to carve out an exception for BBs. What I think the statute is doing is saying that a BB is an "imitation firearm" except as it applies to SB 1858, with regard to sale, manufacture, shipping, etc. and in that context a BB gun is handled differently. In all other respects, including exposing them in public, a BB gun is handled in the same fashion as an "imitation firearm."

I'm not 100% sure about carrying but it doesn't seem to be in violation -- although exposing it in public when you need to pull it out would seem to be a violation.

 

[devonhiee]

Sorry for the late reply, but thanks AcidShock and especially TheLawProfessor. My goodness, law is so confusing!

Thanks for the detailed rundown of the law TheLawProfessor. I am a bit confused in regards to it saying that it needs to be a certain color on the exterior. Does that mean if I bought a gun like this:

http://www.arniesairsoft.co.uk/reviews/ksc_m11/photos/m11a1_1sm.jpg

that it would be illegal? Again thanks for the entire explanation, was really informing

 

[Michael Wechsler]

Sorry for the late reply, but thanks AcidShock and especially TheLawProfessor. My goodness, law is so confusing!

Thanks for the detailed rundown of the law TheLawProfessor. I am a bit confused in regards to it saying that it needs to be a certain color on the exterior. Does that mean if I bought a gun like this:

http://www.arniesairsoft.co.uk/reviews/ksc_m11/photos/m11a1_1sm.jpg

that it would be illegal? Again thanks for the entire explanation, was really informing

I'll confess. I'm a Yankee. I possess very little experience in the area of handling firearms, lol. You may want to contact a state licensing agency to ask. It's the safest way one might think. I'm giving you my best guestimates.

 

[Dilacu]

What is lawful pest control in California?

Can I shoot at rabbits with a bb gun in my front yard which eat the grass and pee on the lawn? What about with a pellet gun? They are all over my gated community. I am just trying to hit them in the backside so they run away, and maybe they will spread the word and not return.

 

[CdwJava]

Can I shoot at rabbits with a bb gun in my front yard which eat the grass and pee on the lawn? What about with a pellet gun? They are all over my gated community. I am just trying to hit them in the backside so they run away, and maybe they will spread the word and not return.

That depends on a host of factors - chief among them, where do you live and are there local ordinances against using air guns in the city limits? In every city I have worked in, there have been ordinances against using BB guns or air guns.

- Carl