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Thread: Have you ever carried a fake/toy gun?

  1. #1
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    I imagine a fake gun would be totally legal anywhere. If you're not ashamed to admit it, I wonder if anybodyhas ever carried (open or concealed)a fake gun that looks real. I mean in a holster, etc.,the whole nineyards.

    The reason I ask is because I'm not quite confident with open carry because I don't yet have the law down completely. However, I'd like to go ahead and carry my weight for making a statement for open carry.

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    jakemccoy wrote:
    I imagine a fake gun would be totally legal anywhere. If you're not ashamed to admit it, I wonder if anybodyhas ever carried (open or concealed)a fake gun that looks real. I mean in a holster, etc.,the whole nineyards.
    Not a good idea. A 'fake' gun, even a toy could be interpreted as an 'imitation firearm'. Displaying an imitation firearm is illegal. Carrying an unloaded real firearm is lawful under the limitations perscribed by California and Federal law.
    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


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    OK. However, according to the Penal Code 12556, the first infraction is $100. The second infraction is $200.The third infraction is a misdemeanor. Basically, carrying a fake gun is illegal like going 75 mph on the freeway is illegal.

    Those penalties are not as harshas the penalties forgetting it wrong with open carry. Plus, you'd actually have to getapprehended with the fake gun. Thus,a fake gunseems like a viable option if you're just not upfor open carrying yet.

    By the way, I'm talking about carrying the fake gun as if it's real, no funny stuff and low key everything - kind of like practicing for the real thing and making a statement at the same time.

    http://caag.state.ca.us/firearms/dwcl/12551.php


    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. (2) Displayed or exposed in the course of commerce, including commercial film or video productions, or for service, repair, or restoration of the imitation firearm. (3) Used in a theatrical production, a motion picture, video, television, or stage production. (4) Used in conjunction with a certified or regulated sporting event or competition. (5) Used in conjunction with lawful hunting, or lawful pest control activities. (6) Used or possessed at certified or regulated public or private shooting ranges. (7) Used at fairs, exhibitions, expositions, or other similar activities for which a permit has been obtained from a local or state government. (8) Used in military, civil defense, or civic activities, including flag ceremonies, color guards, parades, award presentations, historical reenactments, and memorials. (9) Used for public displays authorized by public or private schools or displays that are part of a museum collection. (10) Used in parades, ceremonies, or other similar activities for which a permit has been obtained from a local or state government. (11) Displayed on a wall plaque or in a presentation case. (12) Used in areas where the discharge of a firearm is lawful. (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. (e) For purposes of this section, the term "public place" means an area open to the public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings. (f) Nothing in this section shall be construed to preclude prosecution for a violation of Section 171b, 171.5, or 626.10.

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    State Pioneer ConditionThree's Avatar
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    I guess I'm not getting it.

    One is codified in penal code as a crime, defined with elements of completion and perscribed punishment. And it's not even for a genuine self-defense tool.

    The other, has been and continues to be demonstrated to be a non-violation of law. No penal code specifically prohibits the carry of exposed firearms in a belt holster. The greatest problem that open carriers face is the improper application of the law by the authorities. And it IS a means to carry near ready lethal self-defense.

    Perhaps instead of you giving $100.00 to the authoritiesfor carrying your toy gun we could work out a wager?
    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


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    ConditionThree wrote:
    I guess I'm not getting it.

    One is codified in penal code as a crime, defined with elements of completion and perscribed punishment. And it's not even for a genuine self-defense tool.

    The other, has been and continues to be demonstrated to be a non-violation of law. No penal code specifically prohibits the carry of exposed firearms in a belt holster. The greatest problem that open carriers face is the improper application of the law by the authorities. And it IS a means to carry near ready lethal self-defense.

    Perhaps instead of you giving $100.00 to the authoritiesfor carrying your toy gun we could work out a wager?

    From what I understand from reading the Penal Code, carrying fake is not a misdemeanor until the third infraction. Until then, it's a fine. If you have law that states otherwise, I'd like to see it.

    I thought I explained my points pretty well. However,I'lloutline my points here...

    -I'm not yet totally comfortable with open carry laws for firearms.

    -I still want to make a statement right now.

    -The consequences of getting caught with open carrying a fake gun are not nearly as harsh as getting it wrong with open carrying a real gun.

    -Open carrying and then concealing a fake gun is totally legal. So, one couldconceal afake gun without any legal ramifications. The same cannot be done with a real gun.

    -Open carrying a fake gun is good practice for the real thing, and the consequences are not harsh.

    It's cool ifwhat I'm proposing isnot your thing. However, acting like there's no merit to what I'm saying seems closed-minded.

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    jakemccoy wrote:

    -I still want to make a statement right now.
    Then buy a OC hat, cheaper than $100. I get some good looks with mine, when I CC, they look at the hat then look for the gun.

    You intentions are good, the way your going about it... well.... maybe not the recommended one.

    Say you did get caught with the toy gun, you may/will have real guns pointed at you, you may get shot and killed by the PD (probably not), and if you did can you see the news stories?

    Even a news story if you just simply get caught andget the $100 fine and you tell them your reason "for a statement?"This may/will not look good for your intended purposes.

    You may get other fines, like the school zone one, if your 1000 feet from one at the time, yeah its a toy, but not everyone knew that.



    Yes it can be a huge step to OC, most likely bigger in CA,and I was extremely nervous whenI did it the first few times, but after a while its just a part of you, butyou just need to remember where you are going with it.

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    Regular Member Decoligny's Avatar
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    I used to carry toy twin six shooters in a western gunbelt.

    Nobody hassled me about open carry, and only one person ever tried to steal them.

    It was Billy Murphy from two doors over and my big brother beat him up.

    I was 5 years old.

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    I don't see a problem with making a statement this way. I don't think I would do it, but hey it's your $100.

    I like the option of buying a T-shirt or hat. Print up a batch of flyers and hand them out in front of the police station or city hall. Honestly, you'll easily reach 10 times as many people that way, as most people are too self-absorbed to even notice you're there, let alone that you're packin'.
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    I see people's points. However, frankly, this thread has me more reticent about open carrying with a real gun. People are acting like it's a given that I'll get stopped and lose $100 or that I may have real guns pointed at me. In that case, well, I'd rather not open carry with a real gunat all. I take it that you guys open carry and regularly get stopped (?). If not, then I'm a bit confused about the third degree with carrying a fake gun. My ego’s down. Let your ego down and tell me what’s really up.

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    ConditionThree wrote:
    I guess I'm not getting it.

    One is codified in penal code as a crime, defined with elements of completion and perscribed punishment. And it's not even for a genuine self-defense tool.

    The other, has been and continues to be demonstrated to be a non-violation of law. No penal code specifically prohibits the carry of exposed firearms in a belt holster. The greatest problem that open carriers face is the improper application of the law by the authorities. And it IS a means to carry near ready lethal self-defense.

    Perhaps instead of you giving $100.00 to the authoritiesfor carrying your toy gun we could work out a wager?
    I guess i'm not getting it...is it a toy gun or a fake gun? do you call them the same thing legally? so an adult can't have a toy gun or its considered a fake gun? correct?

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    Decoligny wrote:
    I used to carry toy twin six shooters in a western gunbelt.

    Nobody hassled me about open carry, and only one person ever tried to steal them.

    It was Billy Murphy from two doors over and my big brother beat him up.

    I was 5 years old.
    Is this all you do is Troll around being a smart ass?

    did this situation happen to youabout 10 yrs ago? ;-)

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    jakemccoy wrote:
    I see people's points. However, frankly, this thread has me more reticent about open carrying with a real gun. People are acting like it's a given that I'll get stopped and lose $100 or that I may have real guns pointed at me. In that case, well, I'd rather not open carry with a real gunat all. I take it that you guys open carry and regularly get stopped (?). If not, then I'm a bit confused about the third degree with carrying a fake gun. My ego’s down. Let your ego down and tell me what’s really up.
    I can drop my ego and talk without case law oozing out my fingers or smart ass remarks...
    it's a right to open carry if you choose to do so and with it comes with the fact you will be harassed and maybe drawn on by LEO's who are told to violate your rights or not for the sake of public safety. Every time a citizen calls in a person with a gun they will respond quickly and most likely in numbers.

    I recommend learning all the laws you can here and then if you choose to OC then choose to leave the bullets at home if it makes you feel better until you get a few encounters with police under your belt. Just don't carry loaded until you know you are in an area that it is legal or unless you are under immediate threat of life and limb.

    Do not conceal your gun or bullets or Mag'sin publicunless you have a permit to carry.

    You can conceal on private property unless the owner say's no or it is posted no weapons.

    so much to learn its a bit overwhelming at first but you will be safer in the long run choosing to keep a gun on you or real close at all times when possible.

    we have about 20,000 gun laws on the books!



    be sure to join the NRA ASAP and watch NRA news M-F 6pm to 9pm PT at www.nranews.com

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    jakemccoy wrote:
    I see people's points. However, frankly, this thread has me more reticent about open carrying with a real gun. People are acting like it's a given that I'll get stopped and lose $100 or that I may have real guns pointed at me. In that case, well, I'd rather not open carry with a real gunat all. I take it that you guys open carry and regularly get stopped (?). If not, then I'm a bit confused about the third degree with carrying a fake gun. My ego’s down. Let your ego down and tell me what’s really up.
    I've been stopped once- and other regulars have not been stopped at all- others were stopped the first time out. Anything is possible.The 3rd degree is about the legality- nothing more. My objective is to be completely lawful in my demonstration of open carry. There is a place and time to push the limit- I'm not entirely convinced that carrying an imitation firearm pushes a limit or is the right limit topush.

    Your apprehension is both shared and understandable. Perhaps participating with a partner or a group would be a better way to become initiated into this form of advocacy.

    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


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    LostCoast wrote:
    Decoligny wrote:
    I used to carry toy twin six shooters in a western gunbelt.

    Nobody hassled me about open carry, and only one person ever tried to steal them.

    It was Billy Murphy from two doors over and my big brother beat him up.

    I was 5 years old.
    Is this all you do is Troll around being a smart ass?

    did this situation happen to youabout 10 yrs ago? ;-)
    Lighten up and get a clue, and read some of my posts before trying to classify me as a troll. Throwing in a well thought out smartass comment every now and then isn't trolling,it is using a little cutting levity to show a little more context on the subject.

    Toys guns are for children. Real guns are for responsible adults. If you are going to give the appearance that you are armed with a handgun, then there is a POSSIBILITY that it might be treated as a real handgun.

    There ARE certain risks that each of us take when open carrying a handgun. We practice loading a magazine into the handgun and racking a round so that we can be as ready as possible should (G_d Forbid) the actual need to use a REAL gun arises.

    So in my never to be humble opinion, it is ABSOLUTELY CHILDISH to carry around a TOY GUN as a form of open carry, all you are going to do is educate people that you aren't comfortable enough to carry a real live (and oh so dangerous) gun, and so why should they be comfortable with it, or assume the inherent risks associated with exercising a right that is under attack.



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    jakemccoy wrote:
    I see people's points. However, frankly, this thread has me more reticent about open carrying with a real gun. People are acting like it's a given that I'll get stopped and lose $100 or that I may have real guns pointed at me. In that case, well, I'd rather not open carry with a real gunat all. I take it that you guys open carry and regularly get stopped (?). If not, then I'm a bit confused about the third degree with carrying a fake gun. My ego’s down. Let your ego down and tell me what’s really up.
    well like Ca_Liberitarian said it is your chance of being fined $100. your right too you may not even get stopped at all.

    I carry as often as I can and only been stopped once. Here is my encounter http://opencarry.mywowbb.com/forum52/12306.html

    We all have to take some kinda step to do this this may be yours, good luck



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    Everybody has beeninformative in their own way, thanks. I'm new to this open carry idea, and it's all a little bizarre. I really don't know what I'm doing yet, but I'm reading the laws to make them second nature.

    I'm a lifetime member of both the NRA and the SAF. I was pleased to see the SAF and the NRAjump right on top of Chicago after the Heller decision. I'm also an attorney. So, obviously, attorneys don't automatically know a new area of the law. We have to learn it just like everybody else.

    -Jake

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    jakemccoy wrote:
    SNIP I'm also an attorney.
    Ahhh. That explains your thinking in the2nd and 3rdposts. I thought that was a little fast and a little precise for the average bear.


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    Go for it and tell us what happens.

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    -Open carrying concealed with a fake gun is totally legal...

    Say what?
    I can tell you've been Rady8ed, you have a nice glow about you.

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    State Pioneer ConditionThree's Avatar
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    jakemccoy wrote:
    Everybody has beeninformative in their own way, thanks. I'm new to this open carry idea, and it's all a little bizarre. I really don't know what I'm doing yet, but I'm reading the laws to make them second nature.

    I'm a lifetime member of both the NRA and the SAF. I was pleased to see the SAF and the NRAjump right on top of Chicago after the Heller decision. I'm also an attorney. So, obviously, attorneys don't automatically know a new area of the law. We have to learn it just like everybody else.

    -Jake
    Take your time. Its not a test to cram for the night before. For me, it was about seven months before I took my first open carry steps. And it was only after consulting an attorney. (In retrospect, it should have beenone who was better versed in firearms law...)Im not going to tell you what to do, but I will just share my opnion.
    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
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