Airsoft in San Francisco

[joelogic]

My google-fu seems to be lacking today. All I can find is a thread from 2007 and an article from 2009. Any new info? Possession still illegal even though CA law allows it?

http://www.calguns.net/calgunforum/showthread.php?t=61945

http://blogs.sfweekly.com/thesnitch/2009/11/police_still_enforcing_obsolet.php

http://en.wikipedia.org/wiki/Air_gun_laws#United_States

[Chosen_1]

I know that online stores will ship there.

[creekside]

My google-fu seems to be lacking today. All I can find is a thread from 2007 and an article from 2009. Any new info? Possession still illegal even though CA law allows it?

http://www.calguns.net/calgunforum/showthread.php?t=61945

http://blogs.sfweekly.com/thesnitch/2009/11/police_still_enforcing_obsolet.php

http://en.wikipedia.org/wiki/Air_gun_laws#United_States

SF Police Code [huge text file] SEC. 602. SALE OR POSSESSION OF
SLING SHOTS OR TOYS PROJECTING
MISSILES BY AIR OR GAS PROHIBITED.

It shall be unlawful for any person, except for
a peace officer authorized under California Penal
Code Section 12600, to buy, sell, offer or expose
for sale, barter or exchange, have in his posses-
sion or use any sling shot.

It shall also be unlawful for any person to
buy, sell, offer or expose for sale, barter or
exchange, have in his possession or use any toy
by which, whether used singly or in combination
of units, missiles may be projected by force or
compressed air, carbon dioxide, or any other
chemical, gas, or other element, or combined
thereof. Nothing in this section is intended to be
inconsistent with Government Code Section
53071.5 or any successor statute regulating imi-
tation firearms, BB guns or air rifles. (Amended
by Ord. 4782, Series of 1939, App. 1/6/48; Ord.
260-04, File No. 031932, App. 11/4/2004)

BUT

53701 GC State Preemption of Firearm Regulations

53071. It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.

53071.5 By the enforcement of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined in Section 12250 of the Penal Code, and that section shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles described in subdivision (g) of Section 12001 of the Penal Code.

State pre-emption is powerful. San Francisco tried to ban handguns within city limits and failed.

PC 12001 (g)

(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.

You may want to check to see if your Nerf gun's projectile is larger than 6mm. If so, it appears that the state pre-emption would not apply and it would therefore be unlawful in the city of San Francisco to possess that Nerf gun.

Spot marker guns of a larger caliber appear OK however.

The SF weekly article you quoted from 2009 points out that the San Francisco Police Department will continue to uphold the city's ordinances by writing citations.

A more recent article notes that SFPD officers may also engage in other activities, but officers (if not necessarily the public) enjoy the presumption of innocence.

Also see:

http://www.fearnotlaw.com/articles/article18278.html

http://www.calguns.net/calgunforum/archive/index.php/t-61945.html

[cdtx2001]

I guess my RC tank that shoots airsoft BBs is illegal there.

I'm really glad I don't live there or have too many reasons to go there.

[joelogic]

Anyone have anything else?

[creekside]

Anyone have anything else?

I'm not a lawyer, but the short answer is that you will get hassled by SFPD should it come to their attention (for example during a traffic stop), and if one of their officers sees an Airsoft in your possession, you will probably be cited for something.

Hopefully it will be the B.S. city ordinance which can easily be thrown out in court; but expect them to also cite for whatever else they can scrape up, especially PC 12556 ("Imitation Firearm in Public").

http://ag.ca.gov/firearms/dwcl/12551.php

As with many other similar situations, your 2nd Amendment rights are protected by the 4th Amendment. Out of sight, out of mind.