Do You Have To Register A Bb Gun

Updated October 25, 2020

Are BB guns legal in California?

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

Information technology is mostlylegal for a person to own a BB gun in California. Even so, it is illegal for a person nether the historic period of 18 to ain a BBG without parental permission.
Under California Penal Lawmaking 12556, it is confronting the police for a person to brandish an "imitation firearm" in a public place. A BBG falls into the definition of animitation firearm.
A personcan generally carry virtually types of BB guns in his or her car.

Notation that a violation of the above laws is typically punishable by a fine. Sometimes, however, a violation tin atomic number 82 to misdemeanor charges (equally opposed to a charge of a California felony or an infraction).

Also annotation that if a person shoots someone with a BG, he tin can be charged with either:

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

Our California criminal defense attorneys will respond the following five key questions virtually BB gun laws in the state:

Airsoft BB Gun along with gloves and a mask

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

i. Is it legal to own a BB gun in California?

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

The law, however, is dissimilar for thoseunder the age of xviii. Information technology is illegal for a person under the age of 18 to own a BG without parental permission. It is also against the law to sell or furnish a non-powdered gun to anyone 18 years or under without parental permission.ⁱ

2. Can a person comport a BBG in public?

It isagainst the constabulary for a person todisplay a BB gun in public.

BB guns fall into the definition of "fake firearms," as gear up along inPenal Code 12550(a).² And,PC 12556 states that it is a crime for a person todisplay simulated firearms in a public place, including:

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

California constabulary alsoprohibits a person from possessing a BBG in three specific public places. These are:

government buildings^four,
secure and screened areas of airports⁵, and
public or private school grounds.⁶

Please too annotation that is always a crime for a person todisplayan fake firearm in athreatening manner, which would cause areasonable person to fear bodily harm.⁷ This is true no matter if a person is on public or private property.

three. Tin can a person in California acquit a BB gun in his auto?

A personcan by and large carry most types of BBGs in a machine.

Prior to Senate Bill 199 (approved past the governor in 2014), the law prohibited anyone from purchasing, selling, manufacturing, shipping,transporting, distributing, or receiving an imitation firearm. Simply all BB gun devices were excluded nether this full general prohibition.^viii

Most BB guns areeven so excluded. But, underSB 199, BB devices that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber are at present discipline to the general prohibitions to a higher place.⁹

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?

Information technology is acrime in California if a person intentionally shoots a BB gun at another person, perCalifornia's assault and battery 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 Lawmaking 242 PC,
assault, per California Penal Lawmaking 240 PC, or
assault with a mortiferous weapon, per California Penal Code 245(a)(1)

four.i. Battery, per Penal Code 242

NetherPC 242, the California criminal offence of battery consists of anywillful 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 apply of force, it could be abatteryif a person shot a BBG at another.

A violation ofPenal Code 242 PC is amisdemeanor under California law. The criminal offense is punishable by:

imprisonment in the county jail for up to 6 months; and/or,
a maximum fine of $2,000.¹¹

four.2. Assail, per Penal Code 240

PC 240 defines an assault as anendeavor to use force or violence on someone else.¹² While a battery involves the actual employ of strength or violence, assault specifically focuses onthe attempt to utilise such force or violence.

This means a person could be charged with set on if he shot a BB gun at a person and for whatever reason missed. Even though the intended victim was non injure, theattempt to inflict violence even so occurred.

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

imprisonmentin the canton jail for up to six months; and/or,
a maximumfine of $one,000.^thirteen

4.3. Assault with a deadly weapon, per Penal Code 245(a)(one)

PC 245(a)(one) says that the criminal offence ofattack with a deadly weapon ("ADW") consists of an assault that is committed either with:

a then-chosen "mortiferous weapon," or
by means of force likely to produce peachy actual injury.¹⁴

A "mortiferous weapon" is defined as whatever object, instrument, or weapon which is used in a manner that makes it capable of producing death or great bodily injury.

This includes the obvious deadly weapons such equally guns and knives. But, it also includes items (like BB guns) that can be used in a way that could kill someone or cause them substantial damage.

"Great bodily injury" is defined every bit any serious impairment of someone's physical condition. Some examples include:

concussions,
bone fractures, and
wounds requiring extensive suturing.

Therefore, if a defendant assaulted another person by means of a BB gun, he could be charged with ADW if the facts besides show that:

the BB gun was used as a "deadly weapon;" or,
in a style likely to crusade "great actual injury."

A violation of PC 245(a)(ane) is a wobbler criminal offence, which means it can be charged aseither a misdemeanor or a felony.

If charged as amisdemeanor, the maximum jail sentence is ane twelvemonth in canton jail. If charged equally afelony, ADW can atomic number 82 to two, three, or iv years in state prison.

five. What are some important safety tips regarding BBGs?

There are 4 important condom tips regarding BB guns. These are:

Follow all California Land laws involving BBGs.
Never employ a BBG if you have been drinking or are nether the influence of drugs.
BB guns are non toys. They should be handled with care and used wisely.
Every person that uses a BBG should get safety training on appropriate employ.

For additional aid…

Group of 5 receptionists taking client phone calls

If you or someone yous know has been accused of a California BB gun criminal offense, we invite you to contact usa for a complimentary consultation. We can be reached 24/7.