Laws re: replica firearms

[navraster]

Can someone help with the interpretation of the web of laws surrounding replica firearms in CA?

I see the laws at the following link (http://caag.state.ca.us/firearms/dwcl/12551.htm, see section 12555) which generally prohibit the sale or purchase of replica firearms in CA. However, there are several exceptions, such as the use of the replica in a public display or for filming purposes, or when accompanied by a wall plaque. Yet these terms aren't really defined - how adequate of a wall plaque is needed? Could I print out a piece of paper describing the history of a gun and frame it? As for the purposes that the gun will be used for, is it enough to have a buyer agree in writing that he or she will be using the replica for one of the allowed purposes?

[2Bear]

http://www.sigsauer.com/upFiles/CmsContent/documents/OwnerManual/2OM-AIRSOFT-P%203-2007%20FINAL.pdf

http://www.laserlyte.com/Laser_Training_System/LT-1/LT-1.html

http://www.firstshotcounts.com/

http://www.lasershot-hometheater.com/

[Librarian]

There is an exception to PC12555's prohibition, at (c)

PC 12555
(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.

and 12001 says

PC 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.

So, quite a number of the 'imitation firearms' available are excluded from the 12555 restriction. (But, personally having no interest in those, I really have no familiarity with them.)

[navraster]

I should mention that the firearm replicas in question are not airsoft or BB guns. (Bought from Collector's Armory nearly 30 years ago.) As far as I can tell, the only legal way to dispose of them (besides cutting them up and trashing them) is to sell them with some sort of wall plaque. Is this correct?

[Quiet]

I should mention that the firearm replicas in question are not airsoft or BB guns. They are solid metal replicas owned legally by a family member that wants to sell or get rid of them. (Bought from Collector's Armory nearly 30 years ago.) As far as I can tell, the only legal way to dispose of them (besides cutting them up and trashing them) is to sell them with some sort of wall plaque. Is this correct?

It is legal for you to acquire them, because you are not doing it for commerical purposes. [PC 12555]
If you intent to sell them for profit, then sell it with a wall plaque or presentation case. [PC 12555(c)(1)]

It would need a wall plaque if it is being displayed/exposed in a public place. [PC 12556]
So long as it's in the entryway of your residence, it doesn't need it. [PC 12556(e)]


Penal Code 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.

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.