Are BB Guns Illegal?
California law generally allows adults to own BB guns, but it criminalizes their display or use in public. Additional crimes may be committed if you shoot someone else or their property using a BB gun. The punishments you could face if you are accused of committing a BB gun crime vary widely.
Owning a BB Gun Is Legal
While Ralphie in A Christmas Story may have considered his Red Ryder BB gun a toy, California law thinks differently. It is not illegal for an adult to own a BB gun, but children under 18 need parental permission to carry or possess a BB gun. It is also unlawful to sell or give someone under 18 years old a BB gun.
Be sure to not treat a BB gun as a toy, but instead like the weapon it is. Careful control is vital to avoid breaking any laws.
Public Display of a BB Gun Is Illegal
California criminalizes the display of any imitation firearms in public places, and the definition of imitation firearms in the law clearly includes all BB guns. The meaning of the term “public place” is broad in this statute and also encompasses areas you might usually consider private property.
You cannot legally display a BB gun in any of the following locations:
- It the street
- In a park
- On a sidewalk
- In a front yard
- In a common area of an apartment building or complex
- Commercial places open to the public, such as stores or medical buildings
Additionally, California law specifically criminalizes the possession of a BB gun in the following places:
- Government buildings
- Airports
- Schools, whether public or private
Typically, you are allowed to keep a BB gun in your private car or vehicle. However, always be aware that it is a crime to use a BB gun to threaten anyone else if the threat would induce fear of bodily harm in a reasonable person. This crime can be committed regardless of if you are on public or private property or in a car.
Punishments for BB Gun Crimes
Displaying an imitation firearm, such as a BB gun, in public is usually only punished with a fine. There are scenarios, such as trying to bring a BB gun through security at an airport or government building or brandishing a BB gun on school grounds that may lead to misdemeanor charges.
Beyond merely displaying the BB gun, their improper use can lead to various further charges, with the most common including:
- Vandalism
- Assault
- Battery
- Assault with a deadly weapon
Shooting someone else’s property with a BB gun may result in vandalism charges, which can be a felony if you do over $400 in damage.
The difference between assault and battery is that assault criminalizes the attempt to use violence, while battery is the actual use of force. Shooting another person with a BB gun is battery and may lead to up to six months in county jail and a $2,000 fine. If you shoot at someone with a BB gun and miss, you can still face punishment for assault, including up to six months in county jail and a $1,000 fine.
Causing another person great bodily injury, such as a broken bone or concussion, could lead to a charge of assault with a deadly weapon. The maximum punishment for this crime is felony charges resulting in up to four years in state prison.
Because the places where and how you can legally use a BB gun are limited, be sure you or your loved ones use them responsibly. If you know someone facing charges for allegedly improper use of a BB gun, Chambers Law Firm can help. Contact us at 714-760-4088 or dchambers@clfca.com to discuss your legal options.
