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Can we legally open carry an airsoft in public?

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  • DaMeMe
    Junior Member
    • Aug 2016
    • 40

    Can we legally open carry an airsoft in public?

    I was wondering if we can legally open carry an airsoft or a toy gun in public because Californian have to fight back now if we want to keep our 2nd ammendment rights from getting infringe.
    Last edited by DaMeMe; 10-27-2016, 5:49 AM.
  • #2
    CitaDeL
    Calguns Addict
    • May 2007
    • 5843

    Instead of questioning the OP about their choices, I will actually answer their question;

    Here is the relevant citation of law;

    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.



    Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

    Comment

    • #3
      cvigue
      Senior Member
      • Jan 2015
      • 1525

      I bet a blue gun would not be considered an imitation firearm for the purposes of this law - anyone know for sure?

      Comment

      • #4
        MotoFahren
        Senior Member
        • Mar 2015
        • 643

        Originally posted by cvigue
        I bet a blue gun would not be considered an imitation firearm for the purposes of this law - anyone know for sure?
        It is an exact imitation of a firearm. You lose the bet.
        "Simplify, then add lightness." - Colin Chapman

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44625

          Thread moved to correct forum for legal questions.

          Most followup posts deleted as off topic for new forum.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #6
            SkyHawk
            I need a LIFE!!
            • Sep 2012
            • 23412

            Originally posted by MotoFahren
            It is an exact imitation of a firearm. You lose the bet.
            Sorry, you lose:



            20175.
            Section 20170 does not apply in any of the following circumstances:
            ...
            (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.
            That also means a translucent airsoft gun is exempt.

            Last edited by SkyHawk; 10-27-2016, 1:36 PM.
            Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

            Comment

            • #7
              itr1275
              Member
              • Jan 2006
              • 171

              Originally posted by DaMeMe
              I was wondering if we can legally open carry an airsoft or a toy gun in public because Californian have to fight back now if we want to keep our 2nd ammendment rights from getting infringe.
              Please don't. This is a really bad idea.

              It will make a statement. It will also give the other side more reason to pass stupid laws when you get shot by the police.
              sigpic
              Action Pistol Club

              Comment

              • #8
                GM4spd
                Calguns Addict
                • May 2008
                • 5682

                Another Calguns "Darwin Award" candidate.

                Comment

                • #9
                  Decoligny
                  I need a LIFE!!
                  • Mar 2008
                  • 10615

                  Originally posted by cvigue
                  I bet a blue gun would not be considered an imitation firearm for the purposes of this law - anyone know for sure?
                  PC 16700 has the definition of imitation firearm.

                  sigpic
                  If you haven't seen it with your own eyes,
                  or heard it with your own ears,
                  don't make it up with your small mind,
                  or spread it with your big mouth.

                  Comment

                  • #10
                    1st Generation Gun Owner
                    Member
                    • Jul 2014
                    • 123

                    Originally posted by DaMeMe
                    Californian have to fight back now if we want to keep our 2nd ammendment rights from getting infringe.
                    Yes, but this won't help us win. Teach someone who hasn't shot before gun safety and other basics, and take them to a range with a 22LR. Show them that guns can be used responsibly, and can be fun. Even if they don't get into guns themselves, that would help nudge them towards respecting gun rights more.

                    Openly carrying something that looks like a gun would only be used as an example of a gun owner being irresponsible. Get someone to like us, not dislike us.
                    1st Generation Gun Owner
                    After all the times I've been wrong when I thought something was illegal, I sure hope I'm right when I think something's legal!
                    Originally posted by M. Sage
                    I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.

                    Comment

                    • #11
                      HibikiR
                      Senior Member
                      • May 2014
                      • 2417

                      Originally posted by DaMeMe
                      I was wondering if we can legally open carry an airsoft or a toy gun in public because Californian have to fight back now if we want to keep our 2nd ammendment rights from getting infringe.
                      If people on this forum think you're crazy for suggesting this then regular people you want to bring to our side of the issue will be much less understanding.

                      Comment

                      • #12
                        markgrubb
                        Member
                        • Jun 2005
                        • 343

                        What about Junior ROTC rifle and flag teams? Guns are either replica "rubber" guns or de-mil'd real guns. Appear real from a distance.

                        Comment

                        • #13
                          Win231
                          Senior Member
                          • Sep 2015
                          • 2099

                          Originally posted by DaMeMe
                          I was wondering if we can legally open carry an airsoft or a toy gun in public because Californian have to fight back now if we want to keep our 2nd ammendment rights from getting infringe.
                          ^^^ The type of mindset that helps me understand why more & more restrictive gun laws are passed.

                          Comment

                          • #14
                            Librarian
                            Admin and Poltergeist
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 44625

                            Originally posted by markgrubb
                            What about Junior ROTC rifle and flag teams? Guns are either replica "rubber" guns or de-mil'd real guns. Appear real from a distance.
                            They're exempt. PC 20175, in relevant part:
                            20175.

                            Section 20170 does not apply in any of the following circumstances:
                            ...

                            (h) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial.

                            (i) The imitation firearm is used for a public display authorized by a public or private school or a display that is part of a museum collection.

                            (j) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government.

                            ...
                            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                            Comment

                            • #15
                              kbenson
                              Member
                              • Oct 2012
                              • 492

                              Originally posted by CitaDeL
                              Instead of questioning the OP about their choices, I will actually answer their question;

                              Here is the relevant citation of law;
                              One would assume local laws would also come into play.

                              I doubt east bay would allow me the right to target practice in the backyard of my cookie cutter neighborhood.

                              Comment

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