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    Criminal Defense Division

    A Guide to California BB Gun Laws

    Are BB guns legal in California?

    With respect to BB guns, California law states that:

    Note that a violation of the above laws is typically punishable by a fine. Sometimes, however, a violation can lead to misdemeanor charges (as opposed to a charge of a California felony or an infraction).

    Also note that if you shoot someone with a BBG, the D.A. can press charges for:

    Our California criminal defense attorneys will answer the following five key questions about BB gun laws in the state:

    1. Is it legal to own a BB gun in California in 2023?

    Under California gun laws, it is generally legal to own a BB gun.

    The law, however, is different for those under the age of 18. It is illegal for a person under the age of 18 to own a BBG without parental permission. It is also against the law to sell or furnish a non-powdered gun to anyone 18 years or under without parental permission.1

    Gun with bb pellets against black background

    In general, adults may own BB guns in California. Children need parental permission.

    2. Can I carry a BBG in public?

    It is against the law to display a BB gun in public.

    BB guns fall into the definition of “imitation firearms,” as set forth in Penal Code 16700.2 Moreover, PC 20170 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:

    1. government buildings4,
    2. secure and screened areas of airports5, and
    3. public or private school grounds.6

    Please also note that 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. Can You Shoot A BB Gun in Your Backyard in California?

    Wondering if you can shoot a BB gun in your backyard in California? 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 liable according to the California Penal Code. It is always best to exercise caution when discharging a BB gun.

    4. Can I carry a BB gun in my car?

    You can generally carry most types of BBGs in a car.

    Prior to Senate Bill 199 (approved by the governor in 2014), the law prohibited anyone from purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm. Though all BB gun devices were excluded under this general prohibition.8

    Most BB guns are still excluded. Though under SB 199, BB devices that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber are now subject to the general prohibitions above.9

    5. What are the California penalties for shooting someone with a BB gun?

    It is a crime in California to intentionally shoot a BB gun at another person, per California’s assault and battery laws. This holds true even if the BB pellet misses.

    Depending on the specific facts involved in the shooting, you could face criminal charges such as:

    • battery, per California Penal Code 242 PC,
    • assault, per California Penal Code 240 PC, or
    • assault with a deadly weapon, per California Penal Code 245(a)(1)

    5.1. Battery, per Penal Code 242

    Under PC 242, the California crime of battery consists of 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 Penal Code 242 PC is a misdemeanor under California law. The offense is punishable by:

    • imprisonment in the county jail for up to six months; and/or,
    • a maximum fine of $2,000.11

    5.2. Assault, per Penal Code 240

    PC 240 defines an assault as 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:

    • imprisonment in the county jail for up to six months; and/or,
    • a maximum fine of $1,000.13

    5.3. Assault with a deadly weapon, per Penal Code 245(a)(1)

    PC 245(a)(1) says that the crime of 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 which 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 used as a “deadly weapon;” or,
    • in a way likely to cause “great bodily injury.”

    A violation of PC 245(a)(1) is a wobbler offense, 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 in state prison.

    BB gun with bb pellets on the ground

    Assaulting someone with a BB gun can be prosecuted as a misdemeanor or a felony in California.

    6. What are some important safety tips regarding BB Gunss?

    There are four important safety tips regarding BB guns. These are:

    1. Follow all California State laws involving BBGs.
    2. Never use a BBG if you have been drinking or are under the influence of drugs.
    3. BB guns are not toys. They should be handled with care and used wisely.
    4. Get safety training on appropriate use.

    Contact an Experienced California BB Gun Lawyer Near You

    If you or someone you know has been arrested by police officers for a crime involving real firearms or non-powder guns, we invite you to contact us. We can be reached 24/7. We have offices in Los Angeles, San Francisco, San Diego, Sacramento, and other jurisdictions throughout the state of California.

    Legal References:

    1. 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.
    2. 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.“).
    3. 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. “).
    4. California Penal Code 171b(a) PC.
    5. California Penal Code 171.5(b)(c) PC.
    6. California Penal Code 626.10(a) PC.
    7. California Penal Code 417.4 PC.
    8. Senate Bill 199.
    9. See same.
    10. California Penal Code 242 PC.
    11. See same.
    12. California Penal Code 242 PC.
    13. See same.
    14. 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.“).

     

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