California Airsoft Laws
California State Laws regarding Airsoft Guns and related subjects.
Penal Code Section 16700
For complete and updated information about California Penal Code Section 16700 click here.
16700.
(a) 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.
(b) 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 BB device.
(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.
(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
16700.
(a) 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.
(b) 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.
(5) 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.
(c) The adhesive bands described in paragraph (4) of subdivision
(b) shall be applied in a manner not intended for removal, and shall be in place on the airsoft gun prior to sale to a customer.
(d) This section shall be operative on January 1, 2016.
US Code Title 15 Chapter 76 Section 5001
For complete and updated information about US Code Title 15 Chapter 76 Section 501 click here.
§ 5001. Penalties for enterin into commerce of imitation firerms
(a) Acts prohibited
It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (b) of this section.
(b) Distinctive marking or device; exception; waiver; adjustments and changes
(1) Except as provided in paragraph (2) or (3), each toy, look-alike, or imitation firearm shall have as an integral part,
permanently affixed, a blaze orange plug inserted in the barrel of such toy, look-alike, or imitation firearm. Such plug shall be recessed no more than 6 millimeters from the muzzle end of the barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate marking or device for any toy, look-alike, or imitation firearm not capable of being marked as provided in paragraph (1) and may waive the requirement of any such marking or device for any toy, look-alike, or imitation firearm that will only be used in the theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes in the marking system provided for by this section, after
consulting with interested persons.
(c) "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.
(d) Study and report
The Director of the Bureau of Justice Statistics is authorized and directed to conduct a study of the criminal misuse of toy, look-alike and imitation firearms, including studying police reports of such incidences and shall report on such incidences relative to marked and unmarked firearms.
(c) 1 Technical evaluation of marking systems
The Director of (!2) National Institute of Justice is authorized and directed to conduct a technical evaluation of the marking systems provided for in subsection (b) of this section to determine their effectiveness in police combat situations. The Director shall begin the study within 3 months after November 5, 1988, and such study shall be completed within 9 months after November 5, 1988.
(f) Effective date
This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall -
(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed
prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
For complete and updated information about US Code Title 15 Chapter 76 Section 501 click here.