Can you be arrested and charged for carrying an imitation firearm? The short answer is maybe. Imitation firearms are often treated as real firearms if the perpetrator points them at a person. State laws differ on whether you’ll be arrested for carrying a gun or if possession is legal.
What is an Imitation Firearm?
An imitation firearm is classified as anything that looks like it could be a gun, like BB guns, toy guns, and replica firearms. Some states classify airsoft guns or paintball guns as imitation guns.
Do Real Guns, and Imitation Guns Look the Same?
Section 5001 of the U.S. Code states that a toy, look-alike, or imitation firearm should contain a part on the gun that looks fake. A permanently affixed blaze orange plug is a dead giveaway that the gun isn’t real, but some states, like Pennsylvania, plan to make toy guns look even less real.
House Bill No. 2216 seeks to amend the Title 18 of the Pennsylvania Consolidated Statutes so that an imitation firearm must be marked with a non-removable, long-width orange stripe.
Does California Law Prohibit Imitation Guns?
Penal Code 12556 declares it illegal to display an imitation firearm in public. First-time offenders must pay a $100.00 fine, second-time offenders must pay $300.00, and third-time or subsequent offenders are charged with a misdemeanor crime (less than a year in county jail).
How Do California Immitation Gun Laws Compare to Other States?
California has some of the harshest imitation gun laws (and gambling legislation laws) in the country. However, US states that allow for open carry generally have more relaxed laws.
New Jersey
New Jersey law prohibits selling toy guns and imitation firearms that look real or appear to be genuine. In New Jersey, an imitation firearm is classified as anything that could be mistaken for an actual firearm, whereas a toy gun is something intended for children and, therefore, small.
If you’re accused of possessing an imitation firearm in Middlesex county, call the accomplished weapon defense lawyers of The Law Office of Jonathan F. Marshall for representation.
Texas
As an open carry state, the Texas Penal Code doesn’t arrest or charge citizens who possess an imitation firearm. However, if someone points a fake gun at a person and they believe the gun is real, the person possessing the imitation firearm will be charged with aggravated assault.
Hawaii
According to section 134-1 of Hawaii’s State Legislature, no person can carry or display a replica gun on any public land unless it’s in a case or securely wrapped. The perpetrator can’t carry a replica or imitation gun on public school grounds, even if it’s securely wrapped or in a case.
Hawaiian citizens, if found guilty, will be charged with a petty misdemeanor, and the firearm shall be confiscated and/or disposed of if the perpetrator doesn’t register the gun within five days.
Florida
In Florida, minors under the age of 16 must be supervised by an adult when using a replica gun. Florida legislature penalizes any adult responsible for the welfare of any child under 16. Florida law does not prohibit or regulate the possession of fake firearms on public school grounds.
Minnesota
Minnesota prohibits the exhibition, display, and brandishing of any faux firearm in a threatening way. The state prohibits furnishing an airgun to any child under 14 unless they’re accompanied by a parent or guardian. Imitation firearms are usually not allowed on public school property.
If a person were to take an imitation gun on school property, they must seek permission from the principal or other person who is in charge of supervising the children on school grounds.
