While California’s gun laws don’t apply to BB guns, you could be held responsible for harm that you cause while using this type of weapon.
California is well-known for its tough gun laws. It is one of the few states that bans concealed carry of firearms (with just a few exceptions). Our state also prohibits people who have been convicted of a range of criminal offenses from owning or possessing guns.
While these laws are harsh, they fortunately do not apply to toys like BB guns (yet!). Individuals are still free to possess and use BB guns, and even to give them to their kids for the holidays. Yet everyone who uses a BB gun should be aware that just because there aren’t specific laws in place that regulate the use of these “weapons” doesn’t mean that it is a free-for-all.
According to a criminal attorney in Riverside, CA, a person who uses a BB gun in a geligent or reckless way could be charged with a number of offenses. For example, imagine that a young man shot a BB gun at someone — and missed. He could still be charged with a crime — assault. Under California law, if a person makes an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another,” they could be charged with assault. In other words, if a person attempts to hurt someone else — and has the ability to do so — it is assault. The act of shooting at someone with a BB gun is potentially a criminal offense, a misdemeanor.
Importantly, California law considers BB guns to be imitation firearms. This means that if a person uses a BB gun in a way that could have caused a great bodily injury, the charge could be elevated to assault with a deadly injury. In the example above, if the young man had aimed for the person’s eye, then he could be charged with assault with a deadly weapon — a wobbler offense that may be charged as either a misdemeanor or a felony under California law.
Now, if that BB had connected, then the crime would be battery. As a criminal attorney in Riverside, CA can explain, any “willful and unlawful use of force or violence” against another person is battery. If the young man intentionally shoots someone with a BB gun, he could be charged with this crime — a misdemeanor offense.
While BB guns are generally considered toys, they do have the potential to hurt someone. Using them in a negligent or reckless manner can also lead to criminal charges. That is why it is important to use them responsibly.
If you or a loved one are facing criminal charges, the Chambers Law Firm is here for you. With substantial experience, we are adept at helping our clients achieve the best possible outcome for their cases. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
