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Nick1236
08-17-2012, 9:21 AM
So I purchased a air gun last night at Big 5 because I had a %25 off coupon, ended up getting the Gamo big cat 1250. My question is the legality of shooting it in my backyard for taget practice.

Penal Code 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.

Penal Code 12001
(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.

Penal Code 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.


Now it would seem to be legal under subdivison (d)(5) and (e) since my backyard is fully fenced in, thus not open to public and I would technically be doing pest control in my backyard gophers and rats.

But I found this map dated 2008 (I could not find a current map)

http://www.sdsheriff.net/documents/shooting_map.pdf

It lists my location as "red" meaning discharge of a firearm/airgun is illegal. But my fathers house is listed as green zone 2. Would it be legal to shoot at my father's house in his fully fenced in backyard? I dont even know if that map is current or not, or what it really means.

I live in the Escondido city area (according to the city I am zoned county). On the map listed, I'm located in the red zone north of the 78 and east of bear valley pkwy. Across the street is grey.

Does anyone have better info on airguns in the SD county area?

any help would be greatly appreciated.

Nick1236
08-17-2012, 9:22 AM
I just though of another thing,



(d) Subdivision (a) shall not apply to the following, when the imitation firearm is:



(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.


If I were to paint my entire gun white would It then be excluded?

desertjosh
08-17-2012, 9:33 AM
Ya is illegal. I checked when I lived in El Cajon. That said, I still shot mine, as did my neighbors. As long as you are cool with your neighbors, the cops wont come if theyre not called. You gotta move to Jamul son!

RazzB7
08-17-2012, 9:38 AM
Go up to Mr. Paintball, pay your $20 and go in the back fields with the airsofters. Plenty of room in the back fields to go off by yourself and shoot.

One problem is that you'll have to wear a full-face mask.

h0use
08-17-2012, 10:53 AM
buy a pellet trap, shoot inside your house

Nick1236
08-17-2012, 12:00 PM
So even though I'm not in public its considered a firearm?

That is retarded....

760practicalshooter
08-17-2012, 12:09 PM
Just cruise up and help me with the varmint problem here.

Czechsix
08-17-2012, 9:33 PM
Ignore the issued SDSO shooting map, it's all BS. Even the sheriff's deputies will tell you that. Either that or respond with "wait a minute...there are shooting areas in SD?" or something along those lines.

Long story short, it shoots a metallic projectile, it's probably a no-go in all of the cities. And yes, it's goddamned retarded. Welcome to California, where the government is here to take care of you, because you're too damned stupid to breathe on your own. Yes, I'm waiting for the forced breathing bills to come, eventually. Probably from that idiot Yee. Or Lee. Whatever. See my sig.

Nick1236
08-17-2012, 10:13 PM
Just cruise up and help me with the varmint problem here.

hit me up ill come pop some squirells with you