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Thread: Fake gun = jail

  1. #1
    Regular Member Lord Sega's Avatar
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    Fake gun = jail

    Looks like this is in California, so I guess I shouldn't be surprised, but really???

    Story Link

    Snip...

    The gun originally had color indicating it was fake, but someone had scraped it off, Kirsch said.

    Omar was arrested and taken to jail for altering an imitation handgun, a misdemeanor, the sergeant said.
    So I would guess they have RAS since California doesn't allow any handguns (except the privileged few CCW) to Terry stop the guy, but jail for modifying your airsoft pellet gun?

    2008 Dangerous Weapons Control Law
    12553. Any person who changes, alters, removes, or obliterates any coloration or markings that are required for by any applicable state or federal law or regulation, for any imitation firearm, or device described in subdivision (c) of Section 12555, in any way that makes the imitation firearm or device look more like a firearm is guilty of a misdemeanor.

    But an orange tip isn't enough anyway... so even if he had it with an unaltered tip he is still busted under Cal law.

    12555. (3) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents, as provided by federal regulations governing imitation firearms.

    12556. (a) No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.
    (b) Violation of this section, except as provided in subdivision (c), is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense.
    (c) A third or subsequent violation of this section is punishable as a misdemeanor.
    (d) Subdivision (a) shall not apply to the following, when the imitation firearm is: (1) Packaged or concealed so that it is not subject to public viewing.
    ...
    (13) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.

    Amazing how many laws on non-lethal weapons like BB / pellet guns, read here: Link
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
    “I do not love the bright sword for it's sharpness, nor the arrow for it's swiftness, nor the warrior for his glory. I love only that which they defend." - Tolkien

  2. #2
    Regular Member WalkingWolf's Avatar
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    I know it is not funny, but darn I can't help laughing. Good thing it is no longer PC to let children play with toy guns~~ohhhh the horror!

  3. #3
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    Ah, yes, just like those plastic guns that won't show up on X-ray machines. I think they're called Glocks.

  4. #4
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    Quote Originally Posted by Lord Sega View Post
    Looks like this is in California, so I guess I shouldn't be surprised, but really???

    Story Link

    Snip...



    So I would guess they have RAS since California doesn't allow any handguns (except the privileged few CCW) to Terry stop the guy, but jail for modifying your airsoft pellet gun?

    2008 Dangerous Weapons Control Law
    12553. Any person who changes, alters, removes, or obliterates any coloration or markings that are required for by any applicable state or federal law or regulation, for any imitation firearm, or device described in subdivision (c) of Section 12555, in any way that makes the imitation firearm or device look more like a firearm is guilty of a misdemeanor.

    But an orange tip isn't enough anyway... so even if he had it with an unaltered tip he is still busted under Cal law.

    12555. (3) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents, as provided by federal regulations governing imitation firearms.

    12556. (a) No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.
    (b) Violation of this section, except as provided in subdivision (c), is an infraction punishable by a fine of one hundred dollars ($100) for the first offense, and three hundred dollars ($300) for a second offense.
    (c) A third or subsequent violation of this section is punishable as a misdemeanor.
    (d) Subdivision (a) shall not apply to the following, when the imitation firearm is: (1) Packaged or concealed so that it is not subject to public viewing.
    ...
    (13) A device where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. Merely having an orange tip as provided in federal law and regulations does not satisfy this requirement. The entire surface must be colored or transparent or translucent.

    Amazing how many laws on non-lethal weapons like BB / pellet guns, read here: Link
    Well that's a good thing, now he can get this dumb law changed, "IF " he goes to a trial by jury, as stated in
    Cal-Constitution article 1 section 16, we ALL have a right to trial by jury.
    So if he don't cop-out, maybe
    We The People, can change dumb laws after all.
    Remember its a common law country, so "where is the victim ? Who is the Injured party ? Where are they ?
    This "Toy gun laws are psyco-babbal, and are made to re-educate people, into thinking guns are bad" !
    If the 12 man jury, has any common sense, and cares about freedom, dumb laws like this can be beat.
    So this should be left to the 12 man jury and "We The People".
    Time will tell if this state, will have any freedom left in it, or Common sense.
    Sad but true ! Robin47

  5. #5
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Robin47 View Post
    If the 12 man jury, has any common sense, and cares about freedom, dumb laws like this can be beat.
    Three ways to fail in this sentence. I will allow the readers to determine for themselves just what they are.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  6. #6
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    Quote Originally Posted by ConditionThree View Post
    Three ways to fail in this sentence. I will allow the readers to determine for themselves just what they are.
    Well C-3 you could be right I haven't seen much justice in kalifornia, in a many a year.
    It just might be time to move where people do have some common sense left.
    Sad but true !
    Robin47

  7. #7
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Robin47 View Post
    Well C-3 you could be right I haven't seen much justice in kalifornia, in a many a year.
    It just might be time to move where people do have some common sense left.
    Sad but true !
    Robin47
    I'm not moving anywhere, because the fight is here... not in Vermont, New Hampshire, Arizona, or Idaho.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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