Penal code question SECTION 23800

[JaMail]

while reading the Firearms penal code section by section, i saw this.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=23001-24000&file=23800

23800. Any person who, for commercial purposes, purchases, sells,
manufactures, ships, transports, distributes, or receives a firearm,
where the coloration of the entire exterior surface of the firearm is
bright orange or bright green, either singly, in combination, or as
the predominant color in combination with other colors in any
pattern, is liable for a civil fine in an action brought by the city
attorney of the city, or the district attorney for the county, of not
more than ten thousand dollars ($10,000).


Does that mean these are illegal in california?

http://www.remington.com/en/products/firearms/shotguns/versa-max/versa-max-zombie-green.aspx

[NapalmCheese]

I imagine you could argue that the predominant color is black and therefore this is legal.

IANAL YMMV etc.

[OofieXD]

Can anyone explain to me why having the exterior surface of a firearm in bright orange or green illegal?

[Tripper]

Cuz the bright colors are required for 'toy' guns I think
So manufacturing to resemble a toy is bad

[NapalmCheese]

Looks like a toy gun.

[OofieXD]

Gotcha! Thanks guys.

[RickD427]

while reading the Firearms penal code section by section, i saw this.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=23001-24000&file=23800

23800. Any person who, for commercial purposes, purchases, sells,
manufactures, ships, transports, distributes, or receives a firearm,
where the coloration of the entire exterior surface of the firearm is
bright orange or bright green, either singly, in combination, or as
the predominant color in combination with other colors in any
pattern, is liable for a civil fine in an action brought by the city
attorney of the city, or the district attorney for the county, of not
more than ten thousand dollars ($10,000).


Does that mean these are illegal in california?

http://www.remington.com/en/products/firearms/shotguns/versa-max/versa-max-zombie-green.aspx

The link didn't work for me, but I'm assuming it depicts a firearm with bright orange or green coloration.

To answer your question simply, NO. Penal Code section 23800 does not make it a crime to possess such a colored firearm.

First of all, PC 23800 does not create a crime. For an action to be criminal, there must be a statute defining the crime and providing a punishment (refer to Penal Code section 15). Section 23800 does neither. All that section 23800 does is to allow a District Attorney to sue a person, in a civil court, for up to $10,000 if they do one of the listed actions "for a commercial purpose." I'm very hard-pressed to think of any "commercial purpose" that would apply to an end-user who "receives" such a weapon for recreational use.