Are You Allowed to Shoot an Airsoft Gun Within City Limits

Updated October 25, 2020

Are BB guns legal in California?

With respect to BB guns, California law provides that provide that:

It is more often than notlegal for a person to own a BB gun in California. Still, it is illegal for a person under the age of eighteen to ain a BBG without parental permission.
Nether California Penal Code 12556, it is against the law for a person to display an "simulated firearm" in a public place. A BBG falls into the definition of animitation firearm.
A personcan generally carry about types of BB guns in his or her motorcar.

Note that a violation of the above laws is typically punishable past a fine. Sometimes, nevertheless, a violation can lead to misdemeanor charges (as opposed to a accuse of a California felony or an infraction).

Likewise note that if a person shoots someone with a BG, he can be charged with either:

battery, per California Penal Lawmaking 242 PC,
assault, per California Penal Code 240 PC, or,
assault with a deadly weapon, per California Penal Code 245(a)(1).

Our California criminal defense attorneys will answer the following v key questions nearly BB gun laws in the state:

Airsoft BB Gun along with gloves and a mask

Under California Penal Lawmaking 12556, information technology is against the police for a person to display an "imitation firearm" in a public place

one. Is information technology legal to ain a BB gun in California?

Nether California gun laws, it is mostlylegal for a person to own a BB gun.

The police force, even so, is dissimilar for thoseunder the historic period of 18. It is illegal for a person under the historic period of 18 to own a BG without parental permission. It is as well against the law to sell or furnish a non-powdered gun to anyone 18 years or under without parental permission.¹

2. Can a person carry a BBG in public?

Information technology isconfronting the police force for a person todisplay a BB gun in public.

BB guns fall into the definition of "imitation firearms," as set forth inPenal Code 12550(a).ⁱⁱ And,PC 12556 states that information technology is a crime for a person tobrandish imitation firearms in a public place, including:

streets,
forepart yards, and
buildings open to the public.³

California constabulary tooprohibits a person from possessing a BBG in iii specific public places. These are:

authorities buildings⁴,
secure and screened areas of airports⁵, and
public or individual schoolhouse grounds.^six

Please likewise note that is always a crime for a person tobrandishan simulated firearm in athreatening fashion, which would cause areasonable person to fear bodily damage.⁷ This is true no matter if a person is on public or private property.

three. Can a person in California carry a BB gun in his machine?

A personcan mostly carry most types of BBGs in a car.

Prior to Senate Bill 199 (canonical by the governor in 2014), the police force prohibited anyone from purchasing, selling, manufacturing, shipping,transporting, distributing, or receiving an imitation firearm. Simply all BB gun devices were excluded under this general prohibition.⁸

Most BB guns arestill excluded. But, underSB 199, BB devices that miscarry a projectile, such every bit a BB or a pellet, that is 6 millimeters or eight millimeters in caliber are now subject to the general prohibitions to a higher place.^ix

young man with hands cuffed - illegal use of BB guns in California can result in arrest and jail time

A violation of BB Gun laws tin can result in a fine and/or jail time

4. What are the penalties if a person shoots someone with a BB gun?

It is acrime in California if a person intentionally shoots a BB gun at another person, perCalifornia's assault and bombardment laws. This holds true even if a person shoots at someone else andmisses.

Depending on the specific facts involved in the shooting, the shooter could be charged with either:

battery, per California Penal Code 242 PC,
attack, per California Penal Lawmaking 240 PC, or
assail with a mortiferous weapon, per California Penal Code 245(a)(1)

4.1. Battery, per Penal Code 242

UnderPC 242, the California crime of bombardment consists of whatsoeverwillful and unlawful use of force or violence on someone else.¹⁰

Since intentionally shooting a BB gun at another (and hitting him) definitely involves the willful and unlawful use of forcefulness, information technology could be abatteryif a person shot a BBG at another.

A violation ofPenal Lawmaking 242 PC is amisdemeanor under California constabulary. The offense is punishable by:

imprisonment in the county jail for up to six months; and/or,
a maximum fine of $two,000.^xi

4.2. Assault, per Penal Code 240

PC 240 defines an assault every bit anattempt to use force or violence on someone else.¹² While a battery involves the actual utilise of forcefulness or violence, assail specifically focuses onthe attempt to use such force or violence.

This means a person could be charged with assail if he shot a BB gun at a person and for any reason missed. Even though the intended victim was non hurt, theattempt to inflict violence still occurred.

Penal Code 240 is amisdemeanor under California police force. The offense is punishable by:

imprisonmentin the county jail for upward to six months; and/or,
a maximumfine of $1,000.¹³

iv.iii. Assault with a deadly weapon, per Penal Code 245(a)(ane)

PC 245(a)(1) says that the crime ofattack with a deadly weapon ("ADW") consists of an set on that is committed either with:

a so-called "deadly weapon," or
past means of force probable to produce great bodily injury.¹⁴

A "deadly weapon" is defined as whatsoever object, instrument, or weapon which is used in a manner that makes it capable of producing decease or bang-up bodily injury.

This includes the obvious mortiferous weapons such every bit guns and knives. But, it also includes items (like BB guns) that can be used in a fashion that could impale someone or cause them substantial damage.

"Great bodily injury" is defined equally whatsoever serious damage of someone's physical condition. Some examples include:

concussions,
bone fractures, and
wounds requiring extensive suturing.

Therefore, if a defendant assaulted another person past means of a BB gun, he could be charged with ADW if the facts also testify that:

the BB gun was used as a "deadly weapon;" or,
in a way probable to cause "swell bodily injury."

A violation of PC 245(a)(i) is a wobbler offense, which ways it can be charged aseither a misdemeanor or a felony.

If charged as amisdemeanor, the maximum jail judgement is 1 year in county jail. If charged as afelony, ADW can lead to two, three, or 4 years in country prison.

five. What are some important condom tips regarding BBGs?

In that location are four of import rubber tips regarding BB guns. These are:

Follow all California Country laws involving BBGs.
Never use a BBG if y'all have been drinking or are under the influence of drugs.
BB guns are not toys. They should be handled with intendance and used wisely.
Every person that uses a BBG should get safe training on advisable utilise.

For boosted aid…

Group of 5 receptionists taking client phone calls

If you or someone yous know has been accused of a California BB gun crime, nosotros invite yous to contact united states for a free consultation. Nosotros can be reached 24/7.

Legal References: