Halloween Costume Gun Question

[Sir Stunna Lot]

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?

first off, your original post mentioned carrying the AR on the streets which is not covered by 12040 for your halloween purpose. the best you can do is using it as a prop at the party itself and not on the streets (i wouldnt recommend either)

second, 12040 talks about "being masked". that should not be confused to "wearing a mask". If your identity is being covered up by either wearing a mask or having make up on, you will be violating 12040 since make up can be used to "mask one's identity" also.

just get a nerf gun. gets the point across and the majority of people wont mistaken it for a firearm

[Bill Carson]

http://abcnews.go.com/US/story?id=95187&page=1#.UFg2_bIiaSo

[dieselpower]

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.

Other good ideas that didnt work out...
The future King of England dressing as a Nazi SS Officer
the guy who dressed like a bank robber (complete with clear yellow water gun) and walked into a bank.


This is about as good as donning the KKK robe and walking into south central LA

[Quiet]

In case you want to carry a "prop gun" around...


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.

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.
(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.

[weekend_plinker]

look at this cheap alternitive

http://www.walmart.com/ip/Crosman-Pulse-R73-Airsoft-AEG-Repeater/14234806

then paint it a bright color

[ArcherDog]

OP should get one of those big Nerf longshot guns and write "AK-47" on the side so there's no mistaking what kind of gun he's wielding in public.

[SanPedroShooter]

This is about as good as donning the KKK robe and walking into south central LA

My costume is supposed to be a suprise... Jeez, man keep it down.

[Dantedamean]

I like how it's easier to walk the streets with a real firearm than it is a BB gun.... I hate California.

In case you want to carry a "prop gun" around...


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.

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.
(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.

[SgtDinosaur]

Oh hell no. That is just a bad idea. 30 years ago I used my Ruger Blackhawk minus the cylinder as a Halloween prop without incident, but I wasn't roaming the streets. Just went to a party. And I wouldn't do it again today.

[StratORcaster]

Play it safe and roll with a unicorn costume.

[Tiberius]

+1 on the unicorn.

There was a story a while back about a guy on Halloween dressed as a cop or soldier, with a toy gun. He was at a wild party, the real cops were called, in the spirit of the moment he pointed his "gun" at the real cops, and so . . . they shot him. I don't recall how it came out but I think this was before orange tips.

On the bright side, this rarely happens with unicorn costumes.

[sharxbyte]

The horn has to be painted orange so they know it's not a real unicorn...

[socalbowhunter]

As long as you don't mind being hassled, handcuffed, arrested or shot by a cop, I think you'll be okay.

[stix213]

lol, omg don't just don't

[Travis590A1]

Not that its a good idea, but isnt open carry of a long gun cali legal? Given you minds school zones etc?