BB guns count as firearms?

[DDM4556]

http://insider.foxnews.com/2015/12/28/minnesota-supreme-court-deciding-if-bb-guns-are-firearms

"most people would be surprised to know that in almost every state, BB or airsoft guns are considered firearms."

I did not know this. What about cap guns, rubber-band guns, and Nerf guns? Better not let those slip by...

[AusomeDood]

Bullcrap. They're just trying to justify arresting him after they realized it wasn't a "real" gun. Even in CA, any kid can get a BB gun without an HSC/FSC so that tells me other states are likely even more loose with their rules. If it's really a gun, why don't buyers need a FSC?!

[Quiet]

http://insider.foxnews.com/2015/12/2...s-are-firearms

"most people would be surprised to know that in almost every state, BB or airsoft guns are considered firearms."

I did not know this. What about cap guns, rubber-band guns, and Nerf guns? Better not let those slip by...

Under CA laws...

All of those are considered "imitation firearms". [PC 16700]

And there are existing CA laws regulating the importing, making, selling, modifying, and carrying/displaying of them. [PC 20150-20180]

And if the "imitation firearm" is also considered a "BB device" [PC 16250], there are existing CA laws regulating the selling of them. [PC 19910-19915]


Penal Code 16700
(a) As used in this part, "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.
(b) As used in Section 20165, "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 spot marker gun which expels a projectile that is greater than 10mm caliber.
(3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber.
(4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following:
(A) If the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration.
(B) If the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band with fluorescent coloring around the circumference of any two of the following:
(i) The protruding pistol grip.
(ii) The buttstock.
(iii) A protruding ammunition magazine or clip.
(5) 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.
(c) The adhesive bands described in paragraph (4) of subdivision (b) shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer.
(d) This section shall be operative on January 1, 2016.

Penal Code 20150
(a) Any person who changes, alters, removes, or obliterates any coloration or markings that are required by any applicable state or federal law or regulation, for any imitation firearm, or any device described in subdivision (b) of Section 16700, in a way that makes the imitation firearm or device look more like a firearm, is
guilty of a misdemeanor.
(b) This section does not apply to a manufacturer, importer, or distributor of imitation firearms.
(c) This section does not apply to lawful use in theatrical productions, including motion pictures, television, and stage productions.

Penal Code 20160
(a) Any imitation firearm manufactured after July 1, 2005, shall, at the time of offer for sale in this state, be accompanied by a conspicuous advisory in writing as part of the packaging, but not necessarily affixed to the imitation firearm, to the effect that the product may be mistaken for a firearm by law enforcement officers or others, that altering the coloration or markings required by state or federal law or regulations so as to make the product look more like a firearm is dangerous, and may be a crime, and that brandishing or displaying the product in public may cause confusion and may be a crime.
(b) Any manufacturer, importer, or distributor that fails to comply with this advisory for any imitation firearm manufactured after July 1, 2005, shall be liable for a civil fine for each action brought by a city attorney or district attorney of not more than one thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000) for the third action and each subsequent action.

Penal Code 20165
(a) 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, is 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 an imitation firearm 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.

Penal Code 20170
(a) No person may openly display or expose any imitation firearm in a public place.
(b) As used in this section, "public place" means an area open to the public and includes any of the following:
(1) A street.
(2) A sidewalk.
(3) A bridge.
(4) An alley.
(5) A plaza.
(6) A park.
(7) A driveway.
(8) A front yard.
(9) A parking lot.
(10) An automobile, whether moving or not.
(11) A building open to the general public, including one that serves food or drink, or provides entertainment.
(12) A doorway or entrance to a building or dwelling.
(13) A public school.
(14) A public or private college or university.

Penal Code 20175
Section 20170 does not apply in any of the following circumstances:
(a) The imitation firearm is packaged or concealed so that it is not subject to public viewing.
(b) The imitation firearm is displayed or exposed in the course of commerce, including a commercial film or video production, or for service, repair, or restoration of the imitation firearm.
(c) The imitation firearm is used in a theatrical production, a motion picture, video, television, or stage production.
(d) The imitation firearm is used in conjunction with a certified or regulated sporting event or competition.
(e) The imitation firearm is used in conjunction with lawful hunting, or a lawful pest control activity.
(f) The imitation firearm is used or possessed at a certified or regulated public or private shooting range.
(g) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government.
(h) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial.
(i) The imitation firearm is used for a public display authorized by a public or private school or a display that is part of a museum collection.
(j) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government.
(k) The imitation firearm is displayed on a wall plaque or in a presentation case.
(l) The imitation firearm is used in an area where the discharge of a firearm is lawful.
(m) The entire exterior surface of the imitation firearm 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 the entire device is constructed of transparent or translucent material that 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.

Penal Code 20180
(a) Except as provided in subdivision (b), violation of Section 20170 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.
(b) A third or subsequent violation of Section 20170 is punishable as a misdemeanor.
(c) Nothing in Section 20170, 20175, or this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10.

Penal Code 16250
(a) As used in this part, "BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.
(b) This section shall be operative on January 1, 2016.

Penal Code 19910
Every person who sells any BB device to a minor is guilty of a misdemeanor.

Penal Code 19915
(a) Every person who furnishes any BB device to any minor, without the express or implied permission of a parent or legal guardian of the minor, is guilty of a misdemeanor.
(b) As used in this section, "furnishes" means either of the following:
(1) A loan.
(2) A transfer that does not involve a sale.

[NeilM67]

Am I reading this right?
Penal Code 16700(b)(3)
A BB device is an "imitation firearm" if it shoots 6mm or 8mm projectiles. Otherwise it is not an "imitation firearm."
So standard kids BB gun is not an "imitation firearm," correct?

Sent from my Galaxy S5

[Pardini]

Sacramento County code says BB/Airguns are considered firearms. Meaning that discharging airguns in the no shoot zones is the equivalent of discharging a rimfire or a centerfire.

[sl0re10]

http://insider.foxnews.com/2015/12/2...s-are-firearms

"most people would be surprised to know that in almost every state, BB or airsoft guns are considered firearms."

I did not know this. What about cap guns, rubber-band guns, and Nerf guns? Better not let those slip by...

to add to Quiet's post about California laws... some counties have their own laws against shooting airguns...

[buttfish]

"FIRE" is the magic word; there is NO flame (ignition) to cause an explosion (propellant) of a projectile (BB/Pellet). They are "AIR" pistols/rifles.

[Quiet]

Am I reading this right?
Penal Code 16700(b)(3)
A BB device is an "imitation firearm" if it shoots 6mm or 8mm projectiles. Otherwise it is not an "imitation firearm."
So standard kids BB gun is not an "imitation firearm," correct?

Sent from my Galaxy S5

PC 16700(b) is only used in regards to PC 20165.

In all other cases, PC 16700(a) defines what an "imitation firearm" is.

Which means a "standard kids BB gun" is an "imitation firearm".

[Quiet]

"FIRE" is the magic word; there is NO flame (ignition) to cause an explosion (propellant) of a projectile (BB/Pellet). They are "AIR" pistols/rifles.

Some County/City ordinances include air guns (BB/pellet/paintball devices) as "firearms".

[Prepped and ready]

This is interesting. I was camping several years ago at Folsom Lake and a bunch of us brought paint ball guns. We were being fairly wild running around shooting each other. Well a park ranger told us we could not shoot them because they were considered firearms. We all argued that there is no exploding projectile. Well according to the ranger, anything that shoots a projectile out of a barrel, is considered a firearm.

We were warned if we were caught again, it would be a $500 fine each. Took the fun out of the camping for the day.

[p7m8jg]

"January 1, 2016, spot marker guns that expel a projectile greater than 10mm caliber....will not be considered to be "imitation firearms for purposes of P.C. section 20165." this is the new section covering bb devices/airsoft guns that must be distinctly marked so they don't look like real firearms.

Source: pg 407 of California Gun Laws 3rd edition by C.D. Michel et al.

BB guns are still considered "dangerous" weapons for enhancement purposes when committing a felony - capable of inflicting serious or great bodily injury. P.C. 12022(b) In re Bartholomew D., 131 Cal.App.4th 317, 322-26.
"You'll shoot your eye out."

but BB guns, paintball guns, etc are not "firearms" under the legal definition in the Penal Code.

[gsparesa]

Does this mean that I can get $100 dollars on the next gun buyback by turning in a BB or pellet gun?