California Penal Code Sections 20150 through 20180[1] regulate the sale, manufacture, and possession of BB guns, pellet guns, and imitation firearms. Additional provisions governing imitation firearms are found in Sections 20100 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 furnishing a BB device (defined as any instrument that expels a metallic projectile by air pressure, CO2, or spring action) to a minor without the consent of the minor's parent or guardian. A violation is a misdemeanor.
- Public display restrictions: It is unlawful to display or use a BB gun or pellet gun in a public place in a manner that could reasonably cause alarm or be mistaken for a real firearm.
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. The definition excludes devices that are clearly distinguishable from a real firearm by virtue of distinct coloring or markings.
Marking Requirements
California imposes specific marking requirements on imitation firearms to reduce the risk of confusion with real weapons:
- SB 199 (2014) requirements: Effective January 1, 2016, all BB devices, airsoft guns, and imitation firearms sold or manufactured in California must bear specified markings. These include bright orange coloring on the barrel tip or the entire exterior surface of the device being white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or in combination.
- 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
Using an imitation firearm or BB gun in the commission of a crime can result in enhanced penalties. Under Penal Code Section 20170[4], drawing or exhibiting an imitation firearm in a threatening manner in the presence of another person is a misdemeanor punishable by imprisonment in county jail for up to 30 days. If an imitation firearm is used during a robbery, assault, or other violent crime, the defendant may face the same sentencing enhancements applicable to real firearms, as the victim's reasonable perception of danger is the operative standard.
Local Ordinances
Several California cities and counties have enacted ordinances that impose additional restrictions on BB guns, pellet guns, and imitation firearms beyond state law. These may include restrictions on discharge within city limits, storage requirements, and additional marking or sale requirements. Owners should check local ordinances for applicable restrictions.