Firearms prohibitions? BB and Airsoft-type Guns

A lot of criminal defense attorneys are often asked whether a person who is legally prohibited from owning/possession a firearm is allowed to still own/possess guns such as BB or Airsoft guns. The person asking either has (1) a felony conviction, (2) a conviction for some other misdemeanor offense which nevertheless disqualifies them from gun ownership/possession, (3) a 5150 hold on their record, or (4) was adjudicated to be a mentally disordered sex offender, the most common reasons for the government to deny firearms access. 
 
To understand why people in any of the above categories can own/possess airsoft or BB guns one need only look to the language of the law which defines what, exactly, a “firearm” is.  Penal Code 1625 defines a “firearm” as “a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.” While Airsoft and BB guns are often intentionally designed to look just like real firearms—and thus appeal to children and adults alike—they fire pellets via gas, spring, or electrical systems, and thus are not firearms.
 
(All of that said, be aware San Francisco outlaws Airsoft guns entirely.) 
 
Other relevant facts:

• You can generally carry most types of BB guns in your car.
• Penal Code sections 171b (a) prohibits taking any BB/Airsoft guns into government buildings or open meeting venues. 
• Section 171.5(b)(c) prohibits carrying a BB/Airsoft guns into secure and screened areas of airports. 
• Section 626.10(a) bans possession of BB/Airsoft guns on public or private school grounds. 
• It is illegal for a person under the age of 18 to own a BB/Airsoft gun without parental permission.
• Under California Penal Code 12556, it is illegal to display an “imitation firearm” in a public place (which includes streets and your front yard.0 And you guess it, these guns BBG are considered “imitation firearms.’

 
If you'd like to set up an appointment to consult with Devina regarding your case, feel free to reach out to her here.