California Penal Code 20175 – Section 20170 does not apply in any of the following …
Section 20170 does not apply in any of the following circumstances:
(a) The imitation firearm is packaged or concealed so that it is not subject to public viewing.
Terms Used In California Penal Code 20175
- firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
California Penal Code 16520
- 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. See California Penal Code 16700
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(b) The imitation firearm is displayed or exposed in the course of commerce, including a commercial film or video production, or for service, repair, or restoration of the imitation firearm.
(c) The imitation firearm is used in a theatrical production, a motion picture, video, television, or stage production.
(d) The imitation firearm is used in conjunction with a certified or regulated sporting event or competition.
(e) The imitation firearm is used in conjunction with lawful hunting, or a lawful pest control activity.
(f) The imitation firearm is used or possessed at a certified or regulated public or private shooting range.
(g) The imitation firearm is used at a fair, exhibition, exposition, or other similar activity for which a permit has been obtained from a local or state government.
(h) The imitation firearm is used in a military, civil defense, or civic activity, including a flag ceremony, color guard, parade, award presentation, historical reenactment, or memorial.
(i) The imitation firearm is used for a public display authorized by a public or private school or a display that is part of a museum collection.
(j) The imitation firearm is used in a parade, ceremony, or other similar activity for which a permit has been obtained from a local or state government.
(k) The imitation firearm is displayed on a wall plaque or in a presentation case.
(l) The imitation firearm is used in an area where the discharge of a firearm is lawful.
(m) The entire exterior surface of the imitation firearm 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 the entire device is constructed of transparent or translucent material that 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.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)