Any law against OC airsoft guns??

woodey · Dec 28, 2008

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Any law against OC airsoft guns??

Is there anything illegal about this?? How about Legal OC with a blaze orange tip on your gun?? If there is no law against it, this might be a way to desensitizes LEO & the general public. Operation Wolfie. Cops get enough calls about a man with a gun they will stop showing up? That may be the way to go on OC events, send small groups all over town on a day there are few LEO on duty. They sure as hell are not going to that call all alone. Just flat wear out a small towns man power.

Theseus · Dec 28, 2008

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woodey wrote:

Any law against OC airsoft guns??

Is there anything illegal about this?? How about Legal OC with a blaze orange tip on your gun?? If there is no law against it, this might be a way to desensitizes LEO & the general public. Operation Wolfie. Cops get enough calls about a man with a gun they will stop showing up? That may be the way to go on OC events, send small groups all over town on a day there are few LEO on duty. They sure as hell are not going to that call all alone. Just flat wear out a small towns man power.

From my understanding the law is actually more strict in regards to carrying of such items. I will have to find it, but since the state law doesn't regulate it can vary by location and each city can make any law they want.

IANAL, but that is my understanding. I would find code to back me up, but I have my own legal issues right now.

CA_Libertarian · Dec 29, 2008

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I believe anything that fires a projectile falls under 12031. I don't have time to look it up, but I remember reading a long list that included any projectile coming out of a tube or barrel. I think they even say by air pressure. If nobody else posts it, I'll look it up tonight.

bigtoe416 · Dec 29, 2008

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Yeah, you're right CA_Libertarian.

12001(g) For purposes of Sections 12551 and 12552, the term "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.

Then there is this clearly laid out law that would prohibit OC of an airsoft gun:

12556. (a) No person may openly display or expose any imitation
firearm, as defined in Section 12550, in a public place.

Code:

marshaul · Dec 29, 2008

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Thanks, I was looking for that. I should have remembered the phrase "imitation firearm".

Woodey, I think your best bet if you want to do this is carry one of these in the appropriate holster.

California Penal Code Section 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:
...
(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.

woodey · Dec 29, 2008

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OK, sounds good. How how about paiting some guns Hot Pink. Is there any thing against the law in painting your weapon in a "bright" color? What I am getting after is, If the police can not tell by a drive by if the gun is real or not & looks more not than real. At some point in time they will get tired of checking. Carry a blaze orange around for a month or two then replace it with your blaze orange Glock

CA_Libertarian · Dec 29, 2008

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CA_Libertarian wrote:

I believe anything that fires a projectile falls under 12031. I don't have time to look it up, but I remember reading a long list that included any projectile coming out of a tube or barrel. I think they even say by air pressure. If nobody else posts it, I'll look it up tonight.

OK; looked through 12031, and I was wrong. There is nothing I can find in 12031 that would prohibit having a 'loaded' air gun in a public place.

marshaul · Dec 29, 2008

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It's still going to be in violation of 12556, unless he gets one like this:

http://www.geniestuff.co.uk/transparent-airsoft-gun-clear-m5906.htm

(see bold above)

woodey · Dec 29, 2008

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Why not blaze orange?? Or bright color as stated in the law above?

marshaul · Dec 29, 2008

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Well, sure, but the only airsoft guns that I knew of off the top of my head that would comply are translucent. If you can find an airsoft gun in bright pink it will comply.

woodey · Dec 29, 2008

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Ever heard of spray paint?

marshaul · Dec 29, 2008

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No, why, whatever is that? :shock:

woodey · Dec 29, 2008

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Well, some time when you have some extra time come on up to the wine country. We'll have a glass or two or a beer & I'll tell ya all about it

marshaul · Dec 29, 2008

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woodey wrote:

Well, some time when you have some extra time come on up to the wine country. We'll have a glass or two or a beer & I'll tell ya all about it

lol, sounds good. I look forward to new discovery!

ConditionThree · Dec 31, 2008

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I'm growing a little weary of the revistation of the idea of carrying "airsoft" weapons. I am grateful however, that in my absence, some of you have already addressed the issue and responded correctly.

In my view, there are no practical applications for carrying an imitation firearm or any toy resembling a firearm in the cause of restoring armed liberty.

I realize new people will continue to forward this notion, however it is prudent to consider what effects carrying toys will do for us-

1) There is no defensive use for a toy. 2) As a political statement, it reduces the message of open arms as comical or juvenile. 3) Being detained for carrying a toy isnt going to help police or the general public understand our need to defend ourselves.

woodey · Dec 31, 2008

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ConditionThree wrote:

1) There is no defensive use for a toy. 2) As a political statement, it reduces the message of open arms as comical or juvenile. 3) Being detained for carrying a toy isnt going to help police or the general public understand our need to defend ourselves.

My logic is1

1 people freak out when the see a gun, because it is an uncommon sight

2 A sim. weapon could keeep you out of a lot of potential illegal situations {near school}

3 if you kept getting stopped by LE, could be potential harassment

4 more people would be willing to carry a sim. than a real gun, Kids could join the fun

5 If a blaze orange gunwas OCed in a blaze orange holster while whereing blaze orange pants & blaze orange jacket your all legal but hard to see what your packing

6 Just trying to look at a problem through a differenty set of eyes, while complying with the law

CA_Libertarian · Dec 31, 2008

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woodey wrote:

...If a blaze orange gunwas OCed in a blaze orange holster while whereing blaze orange pants & blaze orange jacket your all legal but hard to see what your packing

My eyes hurt just thinking about seeing someone doing that... so... bright...

Of course, one could go further by using blaze orange hair die to do up their hair, beard, eyebrows, etc. And then maybe full-on body paint - even under the clothes in case you get strip searched. Oh, and I think I have some big, blaze orange sunglasses in my 1980s memorabilia box...

:lol:

woodey · Dec 31, 2008

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CA_Libertarian wrote:

woodey wrote:

...If a blaze orange gunwas OCed in a blaze orange holster while whereing blaze orange pants & blaze orange jacket your all legal but hard to see what your packing

My eyes hurt just thinking about seeing someone doing that... so... bright...

Of course, one could go further by using blaze orange hair die to do up their hair, beard, eyebrows, etc. And then maybe full-on body paint - even under the clothes in case you get strip searched. Oh, and I think I have some big, blaze orange sunglasses in my 1980s memorabilia box...

:lol:

SWEET , thats why I'm a failure. I only put in half the effortI could be like the chrome dude down in San Francisco, But with a GUN:celebrate

Theoretical_Hero · Feb 19, 2009

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To me, it seems like desensitization of the general conception of a deadly weapon would ultimately hinder the ultimate aim for those out here in CA that practice UOC. The implications of likening guns to toys has historically been a move that has led to latter oppression of the II amendment.

Call me paranoid, but I can see a campaign like this escalating media (or public in general) attention to those fighting against the cause. Would it bring on fast results? Most likely yes. Would they be good results? I can certainly see it going south fast.

The current oppression in this state was not created overnight; and likewise, it's likely that it will take some time to reverse the damage (hopefully not too long). So where something like making real guns look like toys would get quick attention, as stated above, I highly doubt it would be good attention.

Just my .02
~rev

P.S. This is my first post, so hello!

I just discovered this site last night and have been up all night reading. This site and the sources therein have answered so many questions I've always wondered about. So thank you all for that. *2 thumbs up*

Decoligny · Feb 19, 2009

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woodey wrote:

ConditionThree wrote:

1) There is no defensive use for a toy. 2) As a political statement, it reduces the message of open arms as comical or juvenile. 3) Being detained for carrying a toy isnt going to help police or the general public understand our need to defend ourselves.

My logic is1

1 people freak out when the see a gun, because it is an uncommon sight

2 A sim. weapon could keeep you out of a lot of potential illegal situations {near school}

3 if you kept getting stopped by LE, could be potential harassment

4 more people would be willing to carry a sim. than a real gun, Kids could join the fun

5 If a blaze orange gunwas OCed in a blaze orange holster while whereing blaze orange pants & blaze orange jacket your all legal but hard to see what your packing

6 Just trying to look at a problem through a differenty set of eyes, while complying with the law

After seeing someone wearing all that blaze orange, I think I would need a different set of eyes. :what:

Any law against OC airsoft guns??

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