Removing the Orange Tip from a Toy Gun Is Against the Law

Have you ever noticed that toy guns have orange tips on them? The reason for this is to indicate that the firearm is a fake and not the real deal. Toy gun manufacturers are required by a federal regulation to affix the marking to the false weapon before they can ship it or before a person can purchase it.

Let's say you bought your kid a toy gun, but you wanted to make it more realistic looking. In California, if you alter the orange tip in any way, you could be charged with a crime.

Altering the Markings of an Imitation Gun

With guns being capable of causing various types of damage, having one where other people can see it can cause panic – even if the weapon is a toy or imitation. As such, California Penal Code 20150 prohibits people from changing the appearance of a fake gun.

Under the law, it's illegal to do any of the following to a toy or imitation gun's markings:

  • Alter them,
  • Change them,
  • Remove them, or
  • Obliterate them

Doing any of the above is a misdemeanor. If you are convicted of this offense, you could be sentenced to jail for up to 6 months and/or be ordered to pay a maximum fine of $1,000.

An exception to this law is if you're working in the entertainment industry. If you have lawful permission to alter the appearance of a toy or imitation gun for a movie, TV show, or play, you may not be charged under this statute.

What Is an Imitation Gun?

Under California law, an imitation gun includes the following:

  • BB device,
  • Toy gun,
  • Replica firearm, or
  • A device that looks so much like a firearm, a reasonable person would believe it is one

An imitation gun can also include a phone case that looks so substantially similar to a real firearm that a reasonable person would perceive it to be so.

Taking an Imitation Gun in Public

In addition to prohibiting altering the markings or coloration of a toy or imitation gun, California law makes it illegal to take such an object out in public.

A person cannot brandish an imitation firearm in public places such as:

  • Sidewalks,
  • Streets,
  • Bridges,
  • Alleys,
  • Parks,
  • Public schools, or
  • Parking lots

The first and second offenses under this law are infractions, a conviction for which results in a fine. The third and subsequent offenses are misdemeanors and could result in jail time and/or a fine.

If you’re facing criminal charges in Fresno, our attorney at The Law Office of Brian C. Andritch has over 18 years of experience defending various offenses from weapons crimes to assault & battery, and we are ready to put our knowledge and skills to work in your case. Call us at (559) 484-2112 or contact us online today.

Categories:

Let us be your voice for justice!

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.
Contact Us