Orange muzzle device illegal?

[Anchors]

Someone in another thread suggested it may be illegal.
But I don't think it is illegal to possess a fake gun without an orange tip.
So I don't see how having an orange muzzle device can make the gun not recognizable as a firearm (in the legal sense).

I think it would look silly, this is just a thought exercise.

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a firearm

[4thHorse]

Yep it's the law.

[JDay]

Yep it's the law.

Explain this then, CA legal Hello Kitty AR-15.



Not sure about putting an orange muzzle device on though since airsoft rifles that are made to look like real firearms have them.

[NoHeavyHitter]

Well, I suppose that would make camouflage paint jobs illegal too...

After all the intent behind camouflage is to "disguise" something.

[scidx]

The way the code reads, it is unlawful to possess a firearm that is not immediately recognizable. Since you're talking about a toy, and not a firearm, the code is unrelated.

The code intent, I believe, is to keep someone from having a firearm that is disguised to look like, say, a briefcase or an ink pen.

Edit: Disregard, I misread.

[Xanatos]

What about putting an orange barrel on a real AR-15? Would that be illegal since it's trying to disguise a real gun as a fake gun? Most people immediately see orange barrel and think it's a toy.

[Anchors]

The way the code reads, it is unlawful to possess a firearm that is not immediately recognizable. Since you're talking about a toy, and not a firearm, the code is unrelated.

The code intent, I believe, is to keep someone from having a firearm that is disguised to look like, say, a briefcase or an ink pen.

We are talking about a firearm. I'm talking about an orange tip on an AR15.
But yes I also believe that is the intent of the law, but who knows these days.

What about putting an orange barrel on a real AR-15? Would that be illegal since it's trying to disguise a real gun as a fake gun? Most people immediately see orange barrel and think it's a toy.

That is the topic of this thread.

[Anchors]

Well, I suppose that would make camouflage paint jobs illegal too...

After all the intent behind camouflage is to "disguise" something.

Excellent point. Never thought of that.

Yep it's the law.

Elaborate?

[Quiet]

hrm... where to start...

Under Federal laws/regulations, certain replicas and airsoft require an "orange tip" so they may be legally imported into the USA.

Under CA laws, devices (replicas, airsoft, bb/pellet guns, etc) that look like firearms are "imitation firearms". [PC 16700]

It is no legal to remove the "orange tip" coloration of an imitation firearm that was needed for Federal importation laws/regulations. [PC 20150(a)]
There is an exemption to this, if this being done for use as a prop in the entertainment (movie/tv/stage) industry. [PC 20150(c)]
This also does not apply to imitation firearms made in the USA, because they do not require the "orange tip" for compliance with Federal importation laws/regulations.

Under CA laws, it is illegal to openly display/carry/expose an imitation firearm in a public place. [PC 20170(a)]
Exemption to this are imitation firearms that have their entire exterior surface in a white, bright pink, bright red, bright orange, bright yellow, bright green, bright blue, bright purple or a combination of those colors or has a clear/see through exterior and merely having an "orange tip" does not meet this exemption. [PC 20175(m)]

In regards to firearms...
CA laws prohibits for commercial purposes firearms that have their entire exterior surface in a bright orange coloration or bright green coloration or a combination of those colors. [PC 23800]
This does not apply if it is for personal use.


Therefore...
1. There is nothing illegal about having an "orange tip" on a firearm.
2. Having an "orange tip" has no legal indication that it is not a firearm.





Penal Code 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).

[rsacks]

Explain this then, CA legal Hello Kitty AR-15.



Not sure about putting an orange muzzle device on though since airsoft rifles that are made to look like real firearms have them.

Awesome!

[JDay]

Found this. It's not criminal just don't do anything commercial with it in that configuration.

Penal Code 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).

[Creeping Incrementalism]

hrm... where to start...

Under Federal laws/regulations, certain replicas and airsoft require an "orange tip" so they may be legally imported into the USA.

Under CA laws, devices (replicas, airsoft, bb/pellet guns, etc) that look like firearms are "imitation firearms". [PC 16700]

It is no legal to remove the "orange tip" coloration of an imitation firearm that was needed for Federal importation laws/regulations. [PC 20150(a)]

I had a gun control debate with recent Berkeley grad a few years back on a Counter-Strike bulletin board who was into airsoft. He was strongly anti-gun, supporting every gun control law out there, yet his avator was three airsoft rifles with the orange tips painted over to make them look real. I called him on it, and his response was that there were so many laws that it was impossible to avoid breaking some. He was so biased that he couldn't see the hypocricy of loving look-alike guns and breaking laws to obtain them, while simultaneously supporting all the nit-picky laws affecting true firearms.

[billofrights]

I thought this was going to be about jamming an orange onto the end of a rifle as a flash hider.

[duc748bip]

[QUOTE=JDay;10439109]Explain this then, CA legal Hello Kitty AR-15.



I think if my daughter ran thru the park carrying this no one will notice its a real AR.
especially all her cousins are shooting at each other playing war games with multi-barrel evil looking but colorful nerf-guns.

[Anchors]

hrm... where to start...

Under Federal laws/regulations, certain replicas and airsoft require an "orange tip" so they may be legally imported into the USA.

Under CA laws, devices (replicas, airsoft, bb/pellet guns, etc) that look like firearms are "imitation firearms". [PC 16700]

It is no legal to remove the "orange tip" coloration of an imitation firearm that was needed for Federal importation laws/regulations. [PC 20150(a)]
There is an exemption to this, if this being done for use as a prop in the entertainment (movie/tv/stage) industry. [PC 20150(c)]
This also does not apply to imitation firearms made in the USA, because they do not require the "orange tip" for compliance with Federal importation laws/regulations.

Under CA laws, it is illegal to openly display/carry/expose an imitation firearm in a public place. [PC 20170(a)]
Exemption to this are imitation firearms that have their entire exterior surface in a white, bright pink, bright red, bright orange, bright yellow, bright green, bright blue, bright purple or a combination of those colors or has a clear/see through exterior and merely having an "orange tip" does not meet this exemption. [PC 20175(m)]

In regards to firearms...
CA laws prohibits for commercial purposes firearms that have their entire exterior surface in a bright orange coloration or bright green coloration or a combination of those colors. [PC 23800]
This does not apply if it is for personal use.


Therefore...
1. There is nothing illegal about having an "orange tip" on a firearm.
2. Having an "orange tip" has no legal indication that it is not a firearm.





Penal Code 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).

Thanks man!
That is what I was thinking, except I was not aware of those rules for the imitation guns with orange tips. That is very good to know.

I thought this was going to be about jamming an orange onto the end of a rifle as a flash hider.

Haha no, but now I wish it was.
I'm sure that will be illegal next.
Damaging the endangered orange citrus enviroment with a firearm (felony enhancement)