SECTIONS 20150-20180 - California Statutes

PENAL CODE

SECTION 20150-20180

20150. (a) Any person who changes, alters, removes, or obliterates
any coloration or markings that are required by any applicable state
or federal law or regulation, for any imitation firearm, or any
device described in subdivision (b) of Section 16700, in a way that
makes the imitation firearm or device look more like a firearm, is
guilty of a misdemeanor.
(b) This section does not apply to a manufacturer, importer, or
distributor of imitation firearms.
(c) This section does not apply to lawful use in theatrical
productions, including motion pictures, television, and stage
productions.

20155. Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike, or imitation
firearm, as defined by federal law or regulation, is guilty of a
misdemeanor.

20160. (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied by
a conspicuous advisory in writing as part of the packaging, but not
necessarily affixed to the imitation firearm, to the effect that the
product may be mistaken for a firearm by law enforcement officers or
others, that altering the coloration or markings required by state or
federal law or regulations so as to make the product look more like
a firearm is dangerous, and may be a crime, and that brandishing or
displaying the product in public may cause confusion and may be a
crime.
(b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.

20165. (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm, except as
authorized by this section, is liable for a civil fine in an action
brought by the city attorney or the district attorney of not more
than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of an
imitation firearm is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or
competition.
(4) For use in military or civil defense activities, or ceremonial
activities.
(5) For public displays authorized by public or private schools.

20170. (a) No person may openly display or expose any imitation
firearm in a public place.
(b) As used in this section, "public place" means an area open to
the public and includes any of the following:
(1) A street.
(2) A sidewalk.
(3) A bridge.
(4) An alley.
(5) A plaza.
(6) A park.
(7) A driveway.
(8) A front yard.
(9) A parking lot.
(10) An automobile, whether moving or not.
(11) A building open to the general public, including one that
serves food or drink, or provides entertainment.
(12) A doorway or entrance to a building or dwelling.
(13) A public school.
(14) A public or private college or university.

20175. 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.
(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.

20180. (a) Except as provided in subdivision (b), violation of
Section 20170 is an infraction punishable by a fine of one hundred
dollars ($100) for the first offense, and three hundred dollars
($300) for a second offense.
(b) A third or subsequent violation of Section 20170 is punishable
as a misdemeanor.
(c) Nothing in Section 20170, 20175, or this section shall be
construed to preclude prosecution for a violation of Section 171b,
171.5, or 626.10.