Penal Code 12556 PC - California Imitation Firearms Law
In California, gun laws are strict regarding possession, and Penal Code 12556 PC also prohibits displaying imitation firearms in public, meaning objects that look like real guns.
Although the first two offenses are considered minor infractions, subsequent violations may result in misdemeanor charges. Most instances are classified as infractions.
An "imitation firearm" may refer to a replica gun, a toy gun, a BB gun, or a pellet gun. In California, displaying a replica firearm in public can lead to criminal charges.
Public places include areas where people can move freely, such as streets, sidewalks, parking lots, vehicles, public buildings, libraries, and shopping malls.
Penal Code 12556(a) says that "nobody can openly display or expose any imitation firearm, defined under Section 12550, in public. Violations of this section are infractions punishable by a fine of $100 for the first offense and $300 for a second offense. A third or subsequent violation of this section is punishable as a misdemeanor crime."
Imitation Firearms Law Clarified
Under California Penal Code 12556 PC, it is illegal to "openly display or expose any imitation firearm...in a public place." The key terms are "imitation firearm," "display," and "public place."
- Examples of imitation firearms include toy guns, BB guns, firearm replicas, or any object that looks like a real firearm in color or appearance, such that a reasonable person-considering context and appearance-would mistake it for a real firearm.
- To display, one could hang the imitation firearm on an unenclosed wall, leave it on a car seat, or brandish it, such as waving or pointing it at someone.
- Examples of public places include a car (in public), parks, stores, schools, sidewalks, front yards, and similar areas.
In California, owning an imitation firearm is not illegal, as it is with a registered firearm. However, displaying it in public is unlawful, especially if it could cause alarm to someone who might reasonably believe the gun is real.
California Penal Code 16520 PC defines the term firearm under California law.
What Are the Penalties?
In California, displaying an illegal firearm in public usually results in a minor infraction, which typically involves a small fine without jail or probation. Nonetheless, repeated offenses may result in the charge being elevated to a misdemeanor. The standard penalties include:
- First offense is a fine of up to $100.
- Second offense is a fine of up to $300.
- Third or subsequent offenses are classified as misdemeanors, carrying maximum penalties of $1000 in fines and up to six months in county jail.
What Are the Related Offenses?
- Possession of a Switchblade - Penal Code 17235 PC and 21510: In California, it is illegal to possess, carry, sell, or give away a switchblade in public. A switchblade is defined as a pocketknife with a blade longer than 2 inches that can be concealed and deployed by a mechanism or movement. Possessing a switchblade is classified as a misdemeanor.
- Possession of a belt buckle knife - Penal Code 20410 PC: Making, possessing, transporting, or distributing these knives is illegal. Violating California's belt buckle knife law could result in a sentence of up to 3 years in prison.
- Brandishing a Weapon - Penal Code 417 PC: In California, it's illegal to brandish a firearm or deadly weapon, meaning to draw or display it in a threatening way, except when used in self-defense. Brandishing a weapon is classified as a "wobbler," meaning it can be charged as either a misdemeanor or a felony.
- Possessing or Distributing a Cane Gun - Penal Code 24410 PC: In California, all "cane guns" are unlawful. A "cane gun" refers to a firearm concealed in or designed to look like a walking cane, which can be fired from within the cane. It is illegal to make, possess, transport, sell, or distribute such items, and this is considered a "wobbler" offense.
- Carrying a Weapon into a Public Building or Gathering: Penal Code 171b makes it a crime to enter specific public places, such as government buildings and courthouses, while carrying a firearm or any other weapon.
- Weapons at an Airport - Penal Code 171.5 PC: Carrying a weapon or ammunition beyond the security checkpoint at any airport in California is a misdemeanor.
- Criminal Threats - Penal Code 422 PC: In California, threatening someone with bodily harm or death in a credible way is a crime. This offense is frequently combined with other gun-related crimes if a firearm is involved in the threat. Criminal threats are considered "wobbler" offenses, meaning they can be charged as either a misdemeanor or a felony.
Other offenses include Penal Code 21810 PC for possessing brass knuckles, Penal Code 22010 PC for nunchucks, and Penal Code 16470 PC for carrying a dirk or dagger.
What Are the Available Defenses?
If you're accused of publicly displaying an imitation firearm, an experienced California criminal defense attorney can present several defenses on your behalf. Here are some of the most common options:
- Not an imitation firearm: Someone might have thought you were showing a firearm, but the object doesn't qualify as an imitation firearm. For instance, if you shoulder a baseball bat as if it were a rifle.
- No public display: The location was likely not a public space, such as your home or a private room in a club, where you have a reasonable expectation of privacy and may not have realized you were visible to others, which can serve as a defense.
Additionally, we could argue that your search and arrest were conducted without probable cause. Law enforcement needs probable cause to detain, search, or arrest individuals.
If they lacked it, your Fourth Amendment rights might have been violated, potentially leading to the dismissal of the charges and serving as a key defense point.
Depending on your case specifics, we may be able to negotiate with the prosecuting agency for reduced charges or even have the case dismissed entirely.
By engaging in early prefiling discussions with law enforcement and the Deputy City Attorney responsible for filing cases, we might convince them not to pursue formal charges initially.
The leading criminal defense lawyers at Cron, Israels & Stark are based in Los Angeles County and serve clients throughout California.