PC 20150:
BB Guns, Pellet Guns, and Imitation Firearms

California Penal Code Sections 20150 through 20180^[1] regulate commercial transactions, required markings, and public display of imitation firearms, including qualifying BB devices. The imitation firearm provisions are in Sections 20150 through 20180.

BB Guns and Pellet Guns

Under California law, BB guns and pellet guns are not classified as firearms because they use air pressure, CO2, or spring action rather than an explosive charge to propel a projectile. However, they are subject to specific regulations:

• Minor restrictions: Penal Code Section 19910^[2] prohibits selling a BB device (defined as any instrument that expels a projectile, such as a BB or a pellet, through air pressure, gas pressure, or spring action, or any spot marker gun) to a minor. A violation is a misdemeanor. Section 19915 separately makes it a misdemeanor to lend or transfer a BB device to a minor without the express or implied permission of a parent or legal guardian, other than by sale.
• Public display restrictions: Subject to statutory exceptions, Section 20170 prohibits openly displaying or exposing a BB gun or pellet gun in a public place if it meets the definition of an imitation firearm in Section 16700.

Imitation Firearms

Penal Code Section 16700^[3] defines an "imitation firearm" as any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the device is a firearm. For purposes of Section 20165, subdivision (b) excludes devices with the specified exterior colors or transparent or translucent construction, and airsoft guns with the specified markings.

Marking Requirements

California imposes specific marking requirements on imitation firearms to reduce the risk of confusion with real weapons:

• SB 199 (2014) requirements: Operative January 1, 2016, SB 199 made 6mm and 8mm airsoft guns subject to the commercial restrictions in Penal Code Section 20165 unless an exception applies. Under Section 16700, the airsoft marking exception requires the federal blaze orange barrel ring and fluorescent coloration over the entire trigger guard. A handgun also requires a two centimeter wide fluorescent adhesive band around the protruding pistol grip. A rifle or long gun requires such bands around any two of the protruding pistol grip, buttstock, or protruding ammunition magazine or clip. The bands must not be intended for removal and must be in place before sale to a customer. Separate exceptions cover BB devices of other calibers, spot marker guns with projectiles greater than 10mm, qualifying collector replicas, and devices with the specified bright exterior colors or transparent or translucent construction.
• Federal markings: Federal law requires that imitation firearms have a blaze orange plug in the barrel, but California's requirements under SB 199 are more stringent.

Criminal Use

Personally using an imitation firearm or BB gun that qualifies as a deadly or dangerous weapon in a felony or attempted felony can result in a one-year enhancement under Penal Code Section 12022(b)(1), unless use of a deadly or dangerous weapon is an element of the offense. Under Penal Code Section 20170^[4], openly displaying or exposing an imitation firearm in a public place is prohibited, subject to statutory exceptions. Separately, Section 417.4 makes it a misdemeanor, except in self-defense, to draw or exhibit an imitation firearm in a threatening manner against another person in a way that would cause a reasonable person apprehension or fear of bodily harm. The offense carries at least 30 days in county jail. The firearm-use enhancement in Penal Code Section 12022.5 requires use of a firearm as defined by law, rather than only the victim's perception that an imitation firearm is real.

Local Ordinances

Local ordinances can restrict air-gun discharge. San Diego prohibits discharging an air gun on a public street, sidewalk, or public gathering place within the city. Owners should check local ordinances for applicable restrictions.