The law in California states that it is legal for anyone to own a BB gun. It prohibits an individual under the age of 18 years to possess a BB gun without permission from his/her parents. However, BB Guns can be carried around in vehicles on the road.
It is against the law in California for anyone to even sell a BB gun to someone who is below 18 years of age. BB gun is under the category of an imitation firearm, which is illegal for any individual to brandish in public places like streets, front yards, and buildings in California.
Consequences of Exhibiting or Firing a BB gun in California
The law states that if any individual shoots another person with a BB gun he/she will have to face the following consequences:
- The individual will be charged with Battery.
- The individual in question will be charged with assault.
- The individual may also be charged with assault by a deadly weapon, which can be a rifle, pistol, handgun, shotgun, or a machine gun, amongst others.
Public Places In California Where BB Guns Are Banned As Per The Law
The state of California does not allow an individual to own a BB gun in the following places:
- Private or public school premises.
- Government buildings.
- The secure areas of airports.
Charges of Battery – As Per California Penal Code PC 242
The penal code PC 242 states the use of unlawful and willful use of force by an individual against someone else. Hence, it can be considered as Battery if an individual shoots a BB gun at another person. If an individual violates this, it is considered as a misdemeanor and he/she will be charged for the same. In this case, you will have to seek advice from a criminal defense attorney about possible defenses. This particular offense can be punished in a court of law with the following punishments:
- The individual charged with Battery can be punished with an imprisonment of 6 months in California's County Jail.
- A maximum fine of $2000 which the defendant is charged with.
Charges Of Assault – According To California Penal Code PC 240
The state of California defines assault as an attempt to inflict violence or harm onto another individual. This is different from the charge of Battery as Assault does not involve the use of any of violence or force, just an attempt to do so. This is considered unlawful under the Penal Code PC 240. This can occur in cases of threatening another person with a BB gun and if an individual fires at someone and misses the person. When this happens, a defense attorney will discuss the best defense possible to ensure a fair trial according to his/her client's situation. The charge of Assault with a BB Gun is punishable by:
- The individual can be imprisoned for 6 months in the county jail.
- The individual will have to pay a fine of $1,000.
Essential Safety Tips While Using a BB gun
- Treat every gun as if it's a loaded gun that can harm another individual.
- Refrain from pointing your BB gun at someone else, even if you know it is not loaded.
- For those who are looking forward to learning, a good place to start is a shooting range nearby. Learning how to shoot from the professionals is an absolute must.
- If you have a minor at home, do not allow him/her to use the BB gun without adult supervision. Children must understand how consequential their actions can be.
- Always research and be aware of the federal laws about BB Guns. If you are in California, make sure you know what the laws that you need to follow are.
Looking For Criminal Lawyers in California?
We suggest professional advice and guidance if you are looking for more information. In such instances, a defense lawyer from the Office of Raoul Severo will have all the necessary legal answers that you require. If you or your loved ones are looking for help, feel free to reach out to us by mentioning the code - CriminalDefense_07-20 and successfully avail a coupon code for a criminal lawyer in California.
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