Halloween Costume Gun Question

[Knockoutz]

I live in San Diego, California. Halloween is next month and I'm planning on dressing up as a Call of Duty character for Halloween and entering a contest. Thing is I do not want to pay for a toy gun and I think it looks more legitimate to have a real looking gun. I was wondering if it was possible and legal to roam around the streets with my AR-15 given that it is unloaded, has no bolt carrier/bolt/firing pin, and no charging handle or any type of nonoperating configuration? Just want to know ahead of time so I won't be in such trouble or do anything stupid without asking first.

[pontiacpratt]

As I understand...it's a firearm regardless of how's its configured. Open carry laws apply. Watch out for school zones

[pc_load_letter]

This is the funniest post I've read on here in a long time. This takes the case over the "Warning to all Calgunners" thread (both of them)

Ha ha, yeah, bust out that AR and walk around downtown with it. I'd love to see that one!

[CitaDeL]

Well, aside from the school zone issue, this does dodge the problem of displaying an 'imitation firearm'. At present, that is a crime, whereas open carry of a rifle outside of a school zone isnt.

Considering the recent issue of the Aurora theater shooting where the perpetrator was wearing all the role appropriate gear, this might not be the wisest choice of 'costume'.

[Mssr. Eleganté]

Isn't there a California law about carrying a firearm while wearing a mask? I remember it came up in another halloween costume thread a few years ago. I don't remember if it was decided that the wording allowed halloween costumes or not. Something about it only being illegal if you were wearing the mask to hide your identity.

[Knockoutz]

I know it's stupid question, but I'd rather ask than go to jail. Is it still considered a firearm even if it's gutted out? as in no bolt carrier, not even trigger assembly, or charging handle. meaning there won't be any such way to even shoot anything out. It's basically going to be a huge hunk of metal that looks like a gun.

[CitaDeL]

I know it's stupid question, but I'd rather ask than go to jail. Is it still considered a firearm even if it's gutted out? as in no bolt carrier, not even trigger assembly, or charging handle. meaning there won't be any such way to even shoot anything out. It's basically going to be a huge hunk of metal that looks like a gun.

For many legal purposes, the reciever is the firearm. So, even with all the internal parts that make it go boom missing, it is still a firearm.

[Mssr. Eleganté]

Found the old thread...

http://www.calguns.net/calgunforum/showthread.php?t=236490

[Knockoutz]

Found the old thread...

http://www.calguns.net/calgunforum/s...d.php?t=236490

^-that's interesting and something new to me.

"12040. (a) A person commits criminal possession of a firearm when he or she carries a firearm in a public place or on any public street while masked so as to hide his or her identity.
(b) Criminal possession of a firearm is punishable by imprisonment in the state prison or by imprisonment in a county jail not to exceed one year.
(c) Subdivision (a) shall not apply to the following:
(1) A peace officer who is in the performance of his or her duties.
(2) Full-time paid peace officers of other states and the federal government who are carrying out official duties while in this state.
(3) Any person summoned by any of the officers enumerated in paragraph (1) or (2) to assist in making arrests or preserving the peace while he or she is actually engaged in assisting that officer.
(4) The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity.
(5) The possession of a firearm by a licensed hunter while actually engaged in lawful hunting, or while going directly to or returning directly from the hunting expedition."


Is this still current? and soo given to california penal code 12040. Just for clarification, as long as I don't have a mask then I should be fine and I'll be following #4 as in (The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity. ) since I am lawfully using it as a prop for a costume event?

[quiet-wyatt]

^-that's interesting and something new to me.

"12040. (a) A person commits criminal possession of a firearm when he or she carries a firearm in a public place or on any public street while masked so as to hide his or her identity.
(b) Criminal possession of a firearm is punishable by imprisonment in the state prison or by imprisonment in a county jail not to exceed one year.
(c) Subdivision (a) shall not apply to the following:
(1) A peace officer who is in the performance of his or her duties.
(2) Full-time paid peace officers of other states and the federal government who are carrying out official duties while in this state.
(3) Any person summoned by any of the officers enumerated in paragraph (1) or (2) to assist in making arrests or preserving the peace while he or she is actually engaged in assisting that officer.
(4) The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity.
(5) The possession of a firearm by a licensed hunter while actually engaged in lawful hunting, or while going directly to or returning directly from the hunting expedition."


Is this still current? and soo given to california penal code 12040. Just for clarification, as long as I don't have a mask then I should be fine and I'll be following #4 as in (The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity. ) since I am lawfully using it as a prop for a costume event?

So... You don't want to spend money on a toy gun, but you're OK doing something illegal, which will cost you not just in money, but possibly losing your right to own a gun?

[CitaDeL]

So... You don't want to spend money on a toy gun, but you're OK doing something illegal, which will cost you not just in money, but possibly losing your right to own a gun?

In spite of your concerns, the only thing that might be illegal is the following;

• carrying a firearm while masked
• displaying an imitation firearm in public (you know, like a toy gun -heh...)
• carrying a firearm in a school zone

While open carry as a halloween stunt isnt the brightest idea, it isnt illegal- and oddly there are specific exemptions in the code provided by AB144 that would make handgun UOC legal in this instance... an authorized participant in a video production among them.

[Sleighter]

IANAL, but with that said, I wouldn't rely solely on 12040 (4) to get you off the hook. The whole thing hinges on being an "authorized" participant in an approved entertainment purpose and as a specific part of that "production, event or activity." I'm just not comfortable with saying that something as informal as a halloween party qualifies. I certainly wouldn't stake my time, money and rights on a pc section as weak as that one. Good luck!

"12040.
(4) The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity.


Is this still current? and soo given to california penal code 12040. Just for clarification, as long as I don't have a mask then I should be fine and I'll be following #4 as in (The possession of an unloaded firearm or a firearm loaded with blank ammunition by an authorized participant in, or while rehearsing for, a motion picture, television, video production, entertainment event, entertainment activity, or lawfully organized and conducted activity when the participant lawfully uses the firearm as part of that production, event, or activity. ) since I am lawfully using it as a prop for a costume event?

[Knockoutz]

Thanks everyone. lots of great info... yeah I will change my costume and not bring out my AR; given the certain circumstances. I just wanted to ask people here with legit answers than assume it myself.

[Ron-Solo]

Just because you can do something, doesn't mean you should.

Firearms are not toys and props. Do stupid thing, win prizes. If you are still trick or treating, leave your guns at home.

[L84CABO]

And you really think this is a good idea?