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OC of blue/red plastic training weapons?

alxndrxvier

Regular Member
Joined
May 15, 2012
Messages
24
Location
North Bay, California
Greetings all. So this is a strange question, but I figured I would check on it before I tried it to see if anyone had done it already or had advice.

Ever since AB144 went into affect I have taken to wearing my empty holster as a form of silent protest wherever I go. I have gotten both good and bad questions and comments, as well as both friendly and harrassing encounters with police during this time. I have had several police try to give me a hard time, but I stuck by my guns, no pun intended, and didn't back down. Pointing out that I was not breaking any laws and was not causing any problems and they got pissed and one yelled at me, but they walked away and left me alone.

My question is in regards to placing a blue or red training replica in the holster while I am out. I would obviously expect more interactions and stops by pd. But what I am more curious about is the legality of it. As far as I can tell, with my limited ability to understand the wording of laws, there is nothing that would prevent me from placing a non functioning, clearly marked, i.e. bright blue or red, replica firearm in my holster while I am wearing it walking around.

Thoughts, comments, suggestion. Any and all are welcome.

Thanks in advance everyone.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
Greetings all. So this is a strange question, but I figured I would check on it before I tried it to see if anyone had done it already or had advice.

Ever since AB144 went into affect I have taken to wearing my empty holster as a form of silent protest wherever I go. I have gotten both good and bad questions and comments, as well as both friendly and harrassing encounters with police during this time. I have had several police try to give me a hard time, but I stuck by my guns, no pun intended, and didn't back down. Pointing out that I was not breaking any laws and was not causing any problems and they got pissed and one yelled at me, but they walked away and left me alone.

My question is in regards to placing a blue or red training replica in the holster while I am out. I would obviously expect more interactions and stops by pd. But what I am more curious about is the legality of it. As far as I can tell, with my limited ability to understand the wording of laws, there is nothing that would prevent me from placing a non functioning, clearly marked, i.e. bright blue or red, replica firearm in my holster while I am wearing it walking around.

Thoughts, comments, suggestion. Any and all are welcome.

Thanks in advance everyone.

Perfectly legal in most cases; presuming you pick a legal color. I think it would be prohibited in the sterile area of an airport and possibly public transportation; I haven't looked at the details in quite some time.

Here are snippets of the relevant codes with regard to 'imitation firearms' you need to be familiar with:

PEN - 16700. - DIVISION 2. DEFINITIONS [16100. - 17360.]
...(a)As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm...)As used in Section 20165, “imitation firearm” does not include any of the following: (1)A nonfiring...

PEN - 171.5. - CHAPTER 7. Other Offenses Against Public Justice [142. - 181.]
... imitation firearm as defined in Section 417.4. (8)Any frame, receiver, barrel, or magazine of a firearm... to possess as provided in subdivision (b): (1)Any firearm. (2)Any knife with a blade length in excess...

PEN - 171.7. - CHAPTER 7. Other Offenses Against Public Justice [142. - 181.]
... of these items: (1)Any firearm. (2)Any imitation firearm as defined in Section 417.4. (3)Any... with the public transit authority’s security plan. (3)“Firearm” has the same meaning as specified...

PEN - 20150. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
... that are required by any applicable state or federal law or regulation, for any imitation firearm, or any device described in subdivision (b) of Section 16700, in a way that makes the imitation firearm or device...

PEN - 20155. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
...Any manufacturer, importer, or distributor of imitation firearms that fails to comply with any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm...

PEN - 20160. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
...(a)Any imitation firearm manufactured after July 1, 2005, shall, at the time of offer for sale..., but not necessarily affixed to the imitation firearm, to the effect that the product may be mistaken...

PEN - 20165. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
..., distributes, or receives, by mail order or in any other manner, an imitation firearm, except... other manner, of an imitation firearm is authorized if the device is manufactured, purchased, sold...

PEN - 20170. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
...(a)No person may openly display or expose any imitation firearm in a public place. (b)As used in this section, “public place” means an area open to the public and includes any...

PEN - 20175. - DIVISION 4. IMITATION FIREARMS [20150. - 20180.]
...Section 20170 does not apply in any of the following circumstances: (a)The imitation firearm..., or for service, repair, or restoration of the imitation firearm. (c)The imitation...

PEN - 417.4. - TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403. - 420.1.]
...Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause...
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
Open carry of red or blue training aids is not illegal.

Concealed carry (as with a flap holster)of these training aids is also legal.

The idea of conducting a visable protest with blue guns has been loosely discussed in other circles, but hasnt achieved a threshold to attempt an event.
 
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