California has some of the strictest gun laws in the United States. But what about BB guns? Many people assume BB guns are toys or at least not as heavily regulated as firearms. The question, “Can a felon own a BB gun in California?” is more complicated than it may seem at first. This article explains the laws, possible consequences, and what felons should know before possessing or even handling a BB gun in California.
Table of Contents
What Is Considered A BB Gun In California?
A BB gun is a type of air gun that shoots small metal balls called BBs, usually using air or carbon dioxide pressure. In California law, BB guns are not considered the same as traditional firearms. However, they are defined as “imitation firearms” under certain statutes.
According to the California Penal Code Section 16700(a), an imitation firearm means any device that is so similar to a real gun that a reasonable person might mistake it for a real firearm. The law specifically includes BB guns, pellet guns, and airsoft guns within this definition.
But, not all BB guns are treated equally. If a BB gun is designed to look like a real gun, it falls under more restrictions. If it has bright colors, a transparent body, or clear markings, it may be less regulated.
How California Law Treats BB Guns?
BB guns are not classified as firearms under federal law or most California statutes. However, they are not completely unregulated. California has specific laws about the sale, possession, and use of BB guns. Here’s a simple comparison:
| Type | Classified as Firearm? | Key Restrictions |
|---|---|---|
| Real Firearm | Yes | Strict (background checks, no possession for felons, etc.) |
| BB Gun | No | Some restrictions (public possession, sale to minors, etc.) |
BB Gun Laws In Public Places
Carrying a BB gun in public can lead to trouble. It is illegal to display or brandish any imitation firearm (including a BB gun) in public places. This is covered under Penal Code Section 20170 and 20180. Police might treat someone carrying a BB gun as if they have a real gun.
Sales And Age Restrictions
California prohibits the sale of BB guns to anyone under 18 years old. Sellers must verify age and often require identification. The law also requires BB guns to have markings that distinguish them from real firearms.
Felons And BB Gun Ownership: The Core Issue
Many felons want to know if the lifetime ban on firearm possession applies to BB guns. The answer is not as straightforward as people hope.
Federal Vs. State Law
- Federal law bans felons from owning firearms, but does not ban BB guns.
- California state law also bans felons from owning firearms. However, the law does not specifically say felons cannot own BB guns.
But, there’s a critical detail: If a BB gun is used in a crime, or if it is designed to look like a real gun, prosecutors may treat it more seriously. Also, some local city or county ordinances may have stricter rules.
Key Facts For Felons
- BB guns are not firearms under California law. So, the general state ban on felon firearm possession does not automatically apply.
- However, using a BB gun in a threatening way, even if not loaded, could lead to new felony charges or probation violations.
- If a BB gun is modified to fire metal projectiles using gunpowder, it becomes a firearm under the law.
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Risks And Consequences For Felons
Even though state law does not say felons cannot own BB guns, there are still risks:
- Probation or parole conditions: Many felons are under supervision. Their conditions may ban all “dangerous weapons,” which could include BB guns.
- Federal property or schools: Carrying a BB gun in restricted places can lead to federal charges.
- Police misunderstandings: Law enforcement may not know if a BB gun is real and may respond as if it is a firearm.
| Situation | Legal Risk for Felons |
|---|---|
| Possession at home (no supervision) | Low, if no other conditions apply |
| Possession while on probation/parole | High, if “dangerous weapons” are banned |
| Carrying in public | Very high (could lead to arrest or worse) |
| School or government property | Very high (federal/state charges possible) |
Real-world Example
In 2015, a California man on probation was found with a BB gun in his vehicle. His probation terms banned possession of “any dangerous weapon. ” The judge ruled the BB gun was a dangerous weapon, and he was sent back to jail.
This shows that even if a BB gun is not a firearm, it can still violate probation or parole terms.
How BB Gun Laws Differ By City And County?
California allows cities and counties to make their own rules about BB guns. Some places, like Los Angeles County, have laws that treat BB guns almost the same as firearms.
For example, in Los Angeles, it is illegal for anyone (not just felons) to openly carry or display a BB gun in public places. Some cities ban BB guns in parks or near schools, even if state law is less strict.
Before buying or using a BB gun, felons should check local ordinances. City and county law can be found online or at local police departments.
Probation, Parole, And Court Orders
Felons released from prison are usually on probation or parole. These are forms of supervised release. The court or parole board sets rules that must be followed.
Most probation or parole rules ban all weapons, including “imitation firearms. ” This means even though state law may not ban BB guns for felons, their supervision terms might. Violating these terms can send someone back to jail or prison.
Common Conditions That Affect Bb Gun Ownership
- No possession of firearms or imitation firearms
- No possession of dangerous weapons
- No possession of items that could be used to threaten others
If a felon is unsure, they should speak with their probation or parole officer before buying or handling a BB gun.
Penalties For Illegal Bb Gun Use
BB guns can lead to criminal charges if used improperly.
Typical Penalties
- Brandishing a BB gun in public: Up to 1 year in jail and/or a fine
- Possessing a BB gun on school grounds: Up to 1 year in jail and/or a fine
- Using a BB gun to commit a crime: Treated as if a real gun was used (can add years to a sentence)
In some cases, using a BB gun in a crime can lead to a new felony charge, even for someone who was only trying to scare someone.
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BB Guns Vs. Firearms: Key Differences And Similarities
Some people think BB guns are just toys. In reality, they can cause serious injury, and California law sometimes treats them harshly.
| Feature | BB Gun | Firearm |
|---|---|---|
| Definition in CA law | Imitation firearm (not a firearm) | Firearm |
| Felon ownership | Generally allowed (unless on supervision or by court order) | Banned for life |
| Sale to minors | Banned under 18 | Banned under 21 |
| Use in crimes | Can add charges | Major charges, long sentences |
What Felons Should Consider Before Getting A BB Gun?
It is important to think beyond the basic law. Here are some points felons should consider:
- Check supervision terms: Many felons forget their release terms are stricter than state law. Always read probation or parole documents carefully.
- Review local ordinances: Your city or county may have stricter rules than the state. For example, some areas treat BB guns as firearms.
- Avoid carrying in public: Even if legal at home, police and the public often mistake BB guns for real guns.
- Store safely: BB guns should be kept locked away from children and not left in cars or visible areas.
- Never modify a BB gun: If you change a BB gun to fire metal projectiles using gunpowder, it becomes a real firearm under the law, and possession is a felony.
Legal Alternatives For Felons
Many felons want to enjoy target shooting or similar activities. Some safe alternatives include:
- Paintball guns: Usually treated as sporting equipment, but still check local laws.
- Archery: Bows and arrows are not regulated the same way as guns.
- Laser tag or similar games: No projectiles, so generally not regulated.
Before buying any sporting equipment, felons should always review their supervision terms and local laws.
What To Do If Police Ask About Your BB Gun?
If stopped by police while in possession of a BB gun, stay calm and do not argue. Clearly state it is a BB gun and follow all instructions. Never point the BB gun at anyone, even jokingly.
Sometimes, even showing a BB gun in public can lead to a dangerous situation. Police may respond quickly and assume it is a real firearm.
Where To Get More Information?
For the latest California gun laws, visit the California Department of Justice website. You can also call your local police station to ask about BB gun laws in your city or county.
If you are on probation or parole, always ask your supervising officer before buying, owning, or using any kind of weapon, including BB guns.
For more on firearm regulations in California, see this California Department of Justice page.
Frequently Asked Questions
Can A Felon Own A BB Gun For Self-defense In California?
Felons are not banned by state law from owning BB guns for self-defense at home. However, probation or parole terms might prohibit it. Also, using a BB gun in self-defense can still lead to legal trouble, especially if someone is hurt or threatened.
Are BB Guns Considered Firearms Under California Law?
No, BB guns are not classified as firearms under California law. They are “imitation firearms,” which means they are regulated differently. However, local laws and supervision terms can apply extra restrictions.
What Happens If A Felon Is Caught With A BB Gun In Public?
Carrying a BB gun in public can lead to arrest. If on probation or parole, it can be a violation. Even if not on supervision, displaying a BB gun in public is illegal and can result in criminal charges.
Can BB Guns Be Used For Hunting In California?
BB guns are not allowed for hunting most game animals in California. Only certain small game may be hunted with air guns, and strict rules apply. Felons should avoid hunting with BB guns to prevent breaking the law.
How Can A Felon Find Out If Their Local Area Bans BB Guns?
Check with the local police department or city/county government. Many cities post their ordinances online. Always read probation or parole documents for extra restrictions.
Last Word
California law on BB guns and felons can be confusing. While state law does not ban felons from owning BB guns, many other rules and conditions may apply. Felons must be careful and check all laws and supervision terms before owning or using a BB gun.
For most, it is safer to avoid BB guns entirely rather than risk new criminal charges or a return to jail.
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