Toy guns are not illegal in California, but anything that looks realistic enough to be mistaken for a real firearm is treated as an “imitation firearm” and comes with a tight set of rules on color, markings, display, and sale. A plain bright-colored or transparent toy is fine. A black airsoft rifle with only an orange tip is not, and carrying it in public, altering its markings, or pointing it at someone can bring fines, misdemeanor charges, or jail time.
What Counts as an Imitation Firearm
Penal Code 16700 defines an imitation firearm as any BB device, toy gun, replica, or similar object that is close enough in color and overall appearance to a real firearm that a reasonable person would think it is real.1California Legislative Information. California Penal Code 16700 That sweeps in airsoft guns, pellet guns, spring-action toys, cap guns, and even realistic phone cases shaped like a pistol. Whether it can fire a projectile doesn’t matter. What matters is whether it looks real.
A device avoids the imitation firearm label only if it meets California’s coloring or marking rules, which are stricter than the federal standard.
How to Keep a Toy Gun Legal: Color and Markings
Federal law requires a blaze orange plug in the barrel of any toy or imitation firearm before it ships.2Office of the Law Revision Counsel. 15 USC 5001 – Penalties for Entering Into Commerce of Imitation Firearms California says that orange tip alone is not enough.3California Legislative Information. California Penal Code 20175
To fall outside the imitation firearm restrictions, the device has to meet one of two standards:
- The entire exterior surface is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either as the single color or the dominant color in a pattern.
- The entire device is transparent or translucent so the internal parts are clearly visible.
The word “entire” is doing the work. A mostly black toy with an orange tip still looks real to most people, and California treats it as an imitation firearm with every restriction attached.3California Legislative Information. California Penal Code 20175
The Airsoft Alternative
A 6mm or 8mm caliber airsoft gun can meet the California standard with specific fluorescent markings instead of full-surface coloring.3California Legislative Information. California Penal Code 20175 For a handgun configuration, that means the federally required blaze orange barrel ring, fluorescent coloring over the entire trigger guard, and a two-centimeter-wide fluorescent adhesive band around the pistol grip. For a rifle or long gun, the barrel ring and trigger guard rules are the same, plus two-centimeter fluorescent bands around any two of the pistol grip, buttstock, or ammunition magazine.
This alternative is only for 6mm and 8mm airsoft guns. Other BB devices, pellet guns, and replicas still have to meet the full bright-color or transparent-construction rule.
Carrying a Toy Gun in Public
Penal Code 20170 makes it illegal to openly display or expose an imitation firearm in a public place.4California Legislative Information. California Penal Code 20170 “Public place” is broad: streets, sidewalks, parks, parking lots, driveways, front yards, school grounds, buildings open to the public, and vehicles, moving or parked. That last item is the one people miss. A realistic airsoft gun sitting on your passenger seat is a public display.
A first offense is an infraction with a $100 fine. A second brings a $300 fine. A third or later offense becomes a misdemeanor punishable by up to six months in county jail and up to a $1,000 fine.5Justia Law. California Penal Code 20150-20180 – Section 20180
When transporting an imitation firearm, keep it out of sight. A bag, a case, or the trunk works.
Pointing a Toy Gun at Someone
Drawing or showing an imitation firearm in a threatening way that would make a reasonable person fear bodily harm is a separate offense under Penal Code 417.4.6California Legislative Information. California Penal Code 417.4 It’s always a misdemeanor, with a mandatory minimum of 30 days in county jail. The maximum is six months in jail and a fine of up to $1,000.7California Legislative Information. California Penal Code 19
Genuine self-defense is the one statutory exception.6California Legislative Information. California Penal Code 417.4 Beyond that, pulling a toy gun on someone is also a good way to be shot by a person carrying a real one, which is the scenario these laws exist to prevent.
Painting Over or Removing the Required Colors
Changing, removing, or covering any coloring or markings required by state or federal law in a way that makes the device look more like a real firearm is a misdemeanor under Penal Code 20150.8California Legislative Information. California Penal Code 20150 Painting a bright-orange toy black, prying off the barrel tip, or taping over fluorescent bands can all trigger it. A California misdemeanor carries up to six months in county jail, up to a $1,000 fine, or both.7California Legislative Information. California Penal Code 19 This section does not apply to manufacturers, importers, or distributors.
Using a Toy Gun During a Crime
This surprises people. If you use a toy gun, airsoft gun, or any imitation firearm during a robbery or other violent crime, prosecutors do not have to prove the weapon was real. California robbery requires only that the victim was put in fear, and a realistic replica creates that fear. The charges and the potential prison time are the same whether the gun fires bullets or plastic pellets.
Pointing an imitation firearm at a person can also support charges for criminal threats under Penal Code 422 or assault, depending on the facts. The imitation firearm violations stack on top of the underlying felony, not in place of it. Using a toy gun to intimidate someone does not earn a lighter sentence because the weapon turned out to be fake.
Buying and Selling Toy Guns in California
Commercially buying, selling, manufacturing, shipping, or distributing an imitation firearm carries a civil fine of up to $10,000 per violation unless the transaction falls into one of a short list of authorized uses:9Justia Law. California Penal Code 20150-20180 – Section 20165
- Export in interstate or foreign commerce
- Theatrical productions, including film, television, and stage
- Certified or regulated sporting events and competitions
- Military or civil defense activities, or ceremonial purposes
- Public displays authorized by schools
That is why toy guns on California retail shelves tend to be bright colors. A fully bright-colored toy is not an “imitation firearm” under the sale restrictions, so it can be sold freely. Realistic replicas and standard dark-colored airsoft guns live in a much narrower legal market.
Minors
California does not set a statewide minimum age to buy a BB gun or airsoft device, but retailers commonly require buyers to be at least 18, and minors generally cannot own an airsoft gun without parental permission. Every rule above applies the same way to a minor. A teenager carrying a realistic airsoft gun in public faces the same infraction or misdemeanor exposure as an adult.
The Narrow Exemptions
A few categories sit outside the imitation firearm restrictions. Fully bright-colored devices and transparent or translucent devices are exempt by the definition in Penal Code 16700, and compliant 6mm or 8mm airsoft guns are exempt through the alternative marking rules.3California Legislative Information. California Penal Code 20175 On the commercial side, Penal Code 20165 authorizes transactions for theatrical productions, regulated sporting competitions, military and civil defense activities, and authorized school displays.9Justia Law. California Penal Code 20150-20180 – Section 20165
These exemptions are tight. Buying a realistic prop replica at a convention and walking down the street with it puts you outside the exemption and inside a Penal Code violation.