In California, it is generally lawful to own a BB gun (BBG) and to transport it by car. However, it is unlawful for a person under the age of 18 to own a BBG without parental permission.
Even though BBGs are considered “imitation firearms,” you may not display BBGs in public. If you shoot at someone with a BBG, you may also face charges for battery, assault, or possibly assault with a deadly weapon.
In this article, our Los Angeles criminal defense attorneys will address the following key issues regarding California BB gun (BBG) laws:
- 1. Ownership Laws
- 2. BBG Carry Laws
- 3. BBGs in Backyards
- 4. Car Carry Laws
- 5. Penalties for Shooting BBGs
- 6. Safety Tips
- Frequently Asked Questions
- Additional Resources
1. Ownership Laws
Under California gun laws, it is generally lawful to own a BB gun.
Minors (under 18) may possess and use BB guns in California with parental permission. It is unlawful to sell or furnish a BB gun to a minor without the consent of a parent or legal guardian.1
In general, adults may own BB guns in California. Children need parental permission.
2. BBG Carry Laws
It is against the law to display a BB gun in public in California.
BB guns fall into the definition of “imitation firearms,” as set forth in Penal Code 16700 PC.2 Moreover, 20170 PC states that it is a crime to display imitation firearms in a public place, including:
- streets,
- parking lots,
- front yards, and
- buildings open to the public.3
California law also prohibits possessing a BBG in three specific public places. These are:
- government buildings4,
- secure and screened areas of airports5, and
- public or private school grounds.6
Note that it is always a crime to display an imitation firearm in a threatening manner which would cause a reasonable person to fear bodily harm.7 This is true no matter if you are on public or private property.
3. BBG in Backyards
The main difference between shooting a BB gun in your backyard versus in a park, for example, is that your backyard is your own private property. However, if you cause harm to another party, regardless of whether the BB gun was discharged on private or public property, you can be held criminally liable in California.
Furthermore, many California cities prohibit firing BB guns within city limits, including on private property. Always check local ordinances.
4. Car Carry Laws
It is unlawful to openly display or expose an imitation firearm in a public place in California, which can include a vehicle if the BB gun is visible to people outside the car. As discussed above, California law specifically bans:
- openly displaying an imitation firearm in public,8 and
- exhibiting or brandishing an imitation firearm in a threatening manner.9
Therefore, you can generally transport BB guns in cars in California, but only if they are not visible to the public and are handled properly. It is recommended you keep the BBG unloaded, inside a locked or closed case, or in the trunk.
5. Penalties for Shooting BBGs
It is a crime in California to intentionally shoot a BB gun at another person, even if the BB pellet misses. Depending on the specific facts involved in the shooting, you could face the following three criminal charges:
1) Battery
Per California Penal Code 242 PC, battery is any willful and unlawful use of force or violence on someone else.10 Since intentionally shooting a BB gun at another (and hitting him) definitely involves the willful and unlawful use of force, it could be a battery if you shot a BBG at another.
A violation of 242 PC is a misdemeanor punishable by:
- up to 6 months of jail and/or
- a maximum fine of $2,000.11
2) Assault
Per California Penal Code 240 PC, assault is an attempt to use force or violence on someone else.12 While a battery involves the actual use of force or violence, assault specifically focuses on the attempt to use such force or violence.
This means you could be charged with assault if you shot a BB gun at a person and for whatever reason missed. Even though the intended victim was not hurt, the attempt to inflict violence still occurred.
Penal Code 240 is a misdemeanor under California law. The offense is punishable by:
- up to 6 months in jail and/or
- a maximum fine of $1,000.13
3) Assault with a Deadly Weapon
Per California Penal Code 245(a)(1) PC, assault with a deadly weapon (“ADW”) consists of an assault that is committed either with:
- a so-called “deadly weapon” or
- by means of force likely to produce great bodily injury.14
A “deadly weapon” is defined as any object, instrument, or weapon that is used in a manner that makes it capable of producing death or great bodily injury.
This includes obvious deadly weapons such as guns and knives. Though it also includes items (like BB guns) that can be used in a way that could kill someone or cause them substantial harm.
“Great bodily injury” is defined as any serious impairment of someone’s physical condition. Some examples include:
- concussions,
- bone fractures, and
- wounds requiring extensive suturing.
Therefore, if you assaulted another person by means of a BB gun, you could be charged with ADW if the facts also show that the BB gun was either:
- used as a “deadly weapon” or
- used in a way likely to cause “great bodily injury.”
A violation of 245(a)(1) PC is a wobbler, which means it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the maximum jail sentence is one year in county jail. If charged as a felony, ADW can lead to two, three, or four years behind bars.
Assaulting someone with a BB gun can be prosecuted as a misdemeanor or a felony in California.
6. Safety Tips
There are four important safety tips regarding BB guns:
- Follow all California State laws involving BBGs.
- Never use a BBG if you have been drinking or are under the influence of drugs.
- BB guns are not toys. They should be handled with care and used wisely.
- Get safety training on appropriate use.
Frequently Asked Questions
Can minors legally own BB guns in California?
Generally, no. It is illegal to sell or give a BB gun to a minor (under 18) without the explicit permission of their parent or legal guardian. Minors may possess and use them, but only with parental consent and supervision.
Is it legal to carry a BB gun in public?
No. Under California Penal Code 20170 PC, it is illegal to openly display a BB gun or “imitation firearm” in a public place. To transport one legally, it must be fully concealed in a case or bag so it is not visible to the public.
Can I keep a BB gun in my car?
Yes, but it must be hidden. It is unlawful to have a BB gun visible inside a vehicle (like on the passenger seat or dashboard) while in a public place. You should keep it locked in the trunk or inside a locked container to avoid legal trouble.
What happens if I threaten someone with a BB gun?
You can face serious criminal charges. “Brandishing” a BB gun in a threatening manner is a misdemeanor. If you shoot or harm someone, you can be charged with assault with a deadly weapon (ADW), just as if you had used a real firearm or knife.
Additional Resources
For general information about California gun laws, refer to the following:
- Gun Safety Rules – National Rifle Association
- Firearms Q&As – Bureau of Alcohol, Tobacco, Firearms and Explosives
- Handguns Certified for Sale – California Attorney General
- Bureau of Firearms – California Department of Justice
- National Instant Criminal Background Check System (NICS) – Federal Bureau of Investigation
Legal References:
- California Penal Code section 19915 (formerly 12551 PC before new law 2010 Cal SB 1080). See, for example, Olsen v. McGillicuddy (Court of Appeal of California, First Appellate District, Division Three, 1971) 15 Cal. App. 3d 897.
- California Penal Code 16700 (formerly 12550(a) PC). (“1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm...As used in Section 20165, “imitation firearm” does not include any of the following: (1) A nonfiring collector’s replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case. (2) A spot marker gun which expels a projectile that is greater than 10mm caliber. (3) A BB device that expels a projectile, such as a BB or pellet, that is other than 6mm or 8mm caliber. (4) A BB device that is an airsoft gun that expels a projectile, such as a BB or pellet, that is 6mm or 8mm caliber which meets the following: (A) If the airsoft gun is configured as a handgun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band around the circumference of the protruding pistol grip that has fluorescent coloration. (B)If the airsoft gun is configured as a rifle or long gun, in addition to the blaze orange ring on the barrel required by federal law, the airsoft gun has a trigger guard that has fluorescent coloration over the entire guard, and there is a two centimeter wide adhesive band with fluorescent coloring around the circumference of any two of the following: (i) The protruding pistol grip. (ii) The buttstock. (iii) A protruding ammunition magazine or clip.“).
- California Penal Code 20170 (formerly 12556 PC). See also, for example, Irvine ordinance 3-4-135 (“No person shall have any firework, firearm, replica firearm, air gun, paint ball gun, BB gun, slingshot or bow or hunting arrow or any other weapon in his or her possession or in his or her vehicle other than in a closed trunk, storage compartment or other area separated from the passenger section of the vehicle, in any open space area, nor shall any person discharge any firearm, fireworks or other incendiary device or weapon or display any replica firearm upon or into any natural open space preserve; provided, however, that the Director of Community Services may designate areas in which such activity is permitted. “).
- California Penal Code 171b(a) PC.
- California Penal Code 171.5(b)(c) PC.
- California Penal Code 626.10(a) PC.
- California Penal Code 417.4 PC.
- California Penal Code 20170 PC.
- California Penal Code 417.4 PC.
- California Penal Code 242 PC.
- See same.
- California Penal Code 240 PC.
- See same.
- California Penal Code 245(a)(1) PC. See, for example, People v. Brown (Court of Appeal of California, Second Appellate District, Division Seven, 2012) 210 Cal. App. 4th 1. See also the local law Carlsbad Ordinance 8.16.015 (“(a) No person shall, without first obtaining permission from the chief of police as required by Section 8.16.020, shoot or discharge any air rifle, air gun, BB gun, pellet gun, gas-operated gun, spring gun or any other weapon designed to discharge or propel any projectile capable of causing injury on any public property, or on any street or sidewalk, whether public or private, or in any park, beach, golf course, shopping center, or other public gathering place within the city.“). See also People v. Gomez (Cal. Ct. App. Apr. 7, 2027) No. H051210.