Imitation Firearms Law - California Penal Code 20170 PC
California Penal Code 20170 PC lays down strict regulations regarding the public display of imitation firearms. It is illegal to openly display any imitation firearm, such as BB guns, toy guns, or firearm replicas, in public.
A first offense results in an infraction with a $100.00 fine; a second offense increases the fine to $300.00, and any third or later violations are classified as misdemeanors.
In California, strict gun laws regulate when and how firearms can be possessed. Penal Code 20170 PC prohibits publicly displaying an imitation firearm—an object that looks like a real gun.
While initial violations are typically minor infractions, repeated offenses can lead to misdemeanor charges. Most cases are classified as infractions, but it's important to note that you can face criminal charges for exhibiting an imitation firearm in public.
'Public places' include areas accessible to the general public, such as streets, sidewalks, parking lots, cars, public buildings, libraries, and shopping malls.
Key Takeaways
- Under California Penal Code 12556 PC, it is illegal to openly display or expose any imitation firearm in a public place. The key terms are imitation firearm, display, and public place.
- Examples of imitation firearms include toy guns, BB guns, firearm replicas, or any objects that resemble guns in color or appearance, leading a reasonable person to believe they are real firearms.
- Displaying such items might involve hanging the imitation firearm on a wall in an unenclosed manner, leaving it on a car seat, or brandishing it by waving or pointing it at someone.
- Public places can include a car in public, parks, stores, schools, sidewalks, front yards, and similar locations.
- In California, owning an imitation firearm is not illegal, comparable to owning a legally registered firearm.
What Are the Penalties?
In California, openly displaying an illegal firearm in public generally constitutes a minor infraction, which may result in a small fine but typically does not involve jail time or probation. Nonetheless, repeated offenses can elevate the charge to a misdemeanor. The usual penalties include:
- First offense-fine up to $100
- Second offense-fine up to $300
- Third or subsequent offenses are a misdemeanor with of $1000 in fines and six months in county jail.
What Are the Related Crimes?
- Possessing a switchblade—under Penal Code 17235 PC and 21510—is a crime in California. It is illegal to openly carry, sell, or give away a switchblade in public. A switchblade is defined as a pocketknife with a blade longer than 2 inches that can be concealed and deployed by a mechanism or movement. Possessing such a knife is classified as a misdemeanor.
- Belt buckle knife under Penal Code 20410 PC, possessing, making, transporting, or distributing a belt buckle knife is illegal. Violating California's belt buckle knife law can result in up to 3 years of imprisonment.
- Brandishing a Weapon - Penal Code 417 PC: It is a crime in California to brandish a firearm or deadly weapon, meaning to draw or display it in a threatening way, except in cases of self-defense. Brandishing a weapon is a "wobbler," which can be charged as either a misdemeanor or a felony.
- Possessing or Distributing a Cane Gun - Penal Code 24410 PC: All "cane guns" are illegal in California. A "cane gun" is a firearm concealed in or disguised as a walking cane that can be fired from within the cane. Making, possessing, transporting, selling, or giving away one of these items is considered a "wobbler" offense.
- Carrying a Weapon into a Public Building - Penal Code 171b: It's a crime to bring a firearm or other weapon into certain public places, including government buildings and courthouses.
- Weapons at an Airport - Penal Code 171.5 PC: It is a misdemeanor in California to carry a weapon or ammunition past any airport's security checkpoint.
- Criminal Threats - Penal Code 422 PC: It is a crime in California to threaten bodily harm or death to another person in a credible manner. This offense is often charged alongside other gun crimes if a firearm is involved in the threat. Criminal threats are considered "wobbler" offenses.
Other crimes involve Penal Code 21810 PC for possessing brass knuckles, Penal Code 22010 PC for having nunchucks, and Penal Code 16470 PC for carrying a dirk or dagger.
What Are the Common Defenses?
If you face charges for publicly displaying an imitation firearm, our California criminal defense attorneys can explore various strategies for your case, as discussed below.
Perhaps the object was not an imitation firearm; it's possible someone believed you displayed a firearm, but the item itself does not meet the legal definition of an imitation firearm.
There was no actual public display or intent to show the object publicly. Additionally, the location might not have been a public place—such as your home or a private room in a club—or you may have had a reasonable expectation of privacy and not realized you were visible in public.
Additionally, we might argue that your search and arrest occurred without probable cause. Law enforcement requires probable cause to detain, search, or arrest an individual.
Furthermore, depending on your case details, we may be able to negotiate with the prosecution for reduced charges or even aim for outright case dismissal. This possibility can provide some reassurance in a challenging situation.
By engaging in early negotiations with law enforcement and the City Attorney responsible for filing cases, we may be able to persuade them not to pursue formal charges initially. This proactive approach can help you take control of your situation. However, this option isn't always available.
If your guilt is clear, we may instead negotiate a favorable plea agreement to avoid a conviction. For more information, contact the Hedding Law Firm in Los Angeles, CA.
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