2005 California Penal Code Sections 12550-12556 Article 1. BB Devices and Imitation Firearms

PENAL CODE
SECTION 12550-12556

12550.  As used in this article, the following definitions apply:
   (a) "BB device" is defined in subdivision (g) of Section 12001.
   (b) "Firearm" is defined in subdivision (b) of Section 12001.
   (c) "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.
12551.  Every person who sells to a minor any BB device is guilty of
a misdemeanor.
12552.  (a) Every person who furnishes any BB device to any minor,
without the express or implied permission of the parent or legal
guardian of the minor, is guilty of a misdemeanor.
   (b) As used in this section, "furnishes" means any of the
following:
   (1) A loan.
   (2) A transfer that does not involve a sale.
12553.  (a) (1) Any person who changes, alters, removes, or
obliterates any coloration or markings that are required for by any
applicable state or federal law or regulation, for any imitation
firearm, or device described in subdivision (c) of Section 12555, in
any way that makes the imitation firearm or device look more like a
firearm is guilty of a misdemeanor.
   (2) This subdivision shall not apply to a manufacturer, importer,
or distributor of imitation firearms or to the lawful use in
theatrical productions, including motion pictures, television, and
stage productions.
   (b) Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike or imitation
firearm as defined by federal law or regulation is guilty of a
misdemeanor.
12554.  (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied by
a conspicuous advisory in writing as part of the packaging, but not
necessarily affixed to the imitation firearm, to the effect that the
product may be mistaken for a firearm by law enforcement officers or
others, that altering the coloration or markings required by state or
federal law or regulations so as to make the product look more like
a firearm is dangerous, and may be a crime, and that brandishing or
displaying the product in public may cause confusion and may be a
crime.
   (b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.
12555.  (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
   (b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
   (1) Solely for export in interstate or foreign commerce.
   (2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
   (3) For use in a certified or regulated sporting event or
competition.
   (4) For use in military or civil defense activities, or ceremonial
activities.
   (5) For public displays authorized by public or private schools.
   (c) As used in this section, "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 BB device, as defined in subdivision (g) of Section 12001.
   (3) 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, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
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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