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What is the law with homemade airsoft guns in california?

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So... General consensus is that i can build my pneumatic airsoft rifle right?

Poll ended at Wed Aug 13, 2008 4:08 pm

yes, it's perfectly legal
2
100%
no, it's illegal
0
No votes
 
Total votes : 2
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What is the law with homemade airsoft guns in california?

Unread postAuthor: sv490665 » Fri Jul 04, 2008 2:02 pm

Hey everyone, i have been searching all over the place wondering what the exact law on homemade airsoft guns in california is. I went over several codes and assembly bills on ca.gov but i still can't pinpoint the law on this. The reason being, i have an awesome project i got in the middle of, it's a 12gram co2 powered airsoft plinker just building for fun i wouldn't even use it in a game probably, but i'm not sure about the law. I am willing to paint the muzzle bright orange to be legal. Would something like this be considered a firearm or destructive device? Is it perfectly legal to own and make a homemade pneumatic airsoft rifle in california??? ANY HELP IS VERY APPRECIATED
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Last edited by sv490665 on Fri Jul 04, 2008 4:08 pm, edited 1 time in total.
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Unread postAuthor: blind909 » Fri Jul 04, 2008 2:12 pm

Yes, it is legal, and you only need to add an orange tip if it looks real, and just to make sure, you could go to your local police station and ask them about it, but since its airsoft, it should be fine, when i was in Cali, I made an airsoft machine gun, and fired it in my uncles yard, and none of the neighbors cared.
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Unread postAuthor: sv490665 » Fri Jul 04, 2008 2:16 pm

blind909 wrote:Yes, it is legal, and you only need to add an orange tip if it looks real, and just to make sure, you could go to your local police station and ask them about it, but since its airsoft, it should be fine, when i was in Cali, I made an airsoft machine gun, and fired it in my uncles yard, and none of the neighbors cared.


K, i like hearing that, but do you have any resources that i could check out that actually says that? Also, i am a little nervous about going to a police station and asking them about this eventhough it is just airsoft. Police don't like to hear the word homemade, is there anything they could have on me for asking? I know i'm being really paranoid but i have reason to be from past experiences. But most importantly i need some kind of document or whatever from a website that clarifies this law.
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Unread postAuthor: blind909 » Fri Jul 04, 2008 2:21 pm

No, I dont have any resources, but I have been to the police station to ask about homemade stuff, JUST DO NOT ASK THEM ABOUT COMBUSTION GUNS.. And if it is over 1200 Feet Per Second, then in California it is Illegal.
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Unread postAuthor: sv490665 » Fri Jul 04, 2008 2:27 pm

Ya i know combustions are pretty much on the dark side around this locale, so i wouldn't think about asking about that. This is just strictly pneumatic, not even any more pressure than probably 100 psi, and i don't have a chronograph but i highly doubt it goes faster than 1200 fps. Anyone else have any resources i can find? I've done research, just wondering if anyone found anything that they can explain to me about this so i'm absolutely positive of the law.
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Unread postAuthor: blind909 » Fri Jul 04, 2008 2:29 pm

Have you looked at californias Laws? You could also PM some of our members that live in california, and i live in Las Vegas, NV, and they are legal here.
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Unread postAuthor: sv490665 » Fri Jul 04, 2008 2:37 pm

yes i have researched california laws on this but they are a little unclear, and the way things are worded in the law is a little hard for me to grasp. I'll try PMing some california people on this, thanks.
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Unread postAuthor: blind909 » Fri Jul 04, 2008 2:39 pm

Ok, and if you cant think of any members in Cali, just use the memberlist
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Unread postAuthor: sv490665 » Fri Jul 04, 2008 3:55 pm

Ok, i have read this before, and now that i read it several times it looks like my device will be legal. This article talks about imitation firearms, but discludes airsoft guns. The only other laws i could find about airsoft is that they can't be sold to minors and they can't be brought on school campuses. And you're right Blind 909, airsoft is on the exempt list for blaze orange colored tips being required so that they can be distinguishable by children and adults that they are not toys, but i may just put on some orange tape around the muzzle anyways if i take it anywhere incase anyone sees me with it so they don't freak out and mistake it for real. Can anyone skim through this article and tell me what they think? Basically the way i read it is that the manufacture of an imitation firearm is illegal, but it exempts airsoft and bb guns shooting anything 6mm and smaller being shot by means of spring, or air/co2 pressure from being "imitation firearms." Here are some important exerpts of interest, i tried not to take anything out of context here but read the whole article for yourself if you'd like, it's found at the website below. Bye the way, the detail of how it states these devices being an "instrument" that expels bbs leads me to believe that it could be either homemade or company manufactured. That is the key issue here for me. By the term "instrument" it must mean any device that falls into the spring/c02/air powered 6mm bb category they describe. So basically i think i'm pretty free to build this thing. Am i right?

http://info.sen.ca.gov/pub/03-04/bill/a ... floor.html

This bill (1) changes the definition of the
exempted BB or pellet instruments in the imitation firearms
law to delete the reference to "metallic" and to, instead,
refer to "projectile, such as a BB or pellet, not exceeding
6 mm caliber", and (2) makes related changes to the
definition section of the firearms law.

ANALYSIS : Existing law provides the following regarding
"imitation" firearms:

1.Provides that any person who purchases, sells,
manufactures, ships, transports, distributes, or
receives, by mail order or in any other manner, an
imitation firearm shall be liable for a civil fine of up
to $10,000.

3.Defines "imitation firearm" as a replica of a firearm
that is so substantially similar in physical properties
to an existing firearm as to lead a reasonable person to
conclude that the replica is a firearm.

4.Provides that "imitation firearm" does not include any of
the following:
.....
C. Any instrument that expels a metallic projectile,
such as a BB or pellet, through the force of air
pressure, carbon dioxide pressure, or spring action,
or any spot marker gun (through cross-reference to
Penal Code Section 12001(g)).
.....
E. An instrument that expels a metallic projectile,
such as a BB or pellet, through the force of air
pressure, CO2 pressure, or spring action, or a spot
marker gun.
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Unread postAuthor: Killjoy » Fri Jul 04, 2008 4:14 pm

I don't know the specifics of laws in cali, but I can give you one universal law. Whatever it is, as long as no one knows about it or sees it, it does not exist and therefore cannot be illegal.

Anyways, if all else fails you could try and befriend a cop and ask him for advice. I'm almost positive that there is no law in cali that restricts pneumatic launcher from being built though.

Edit: Damn I need to type faster.

I read it I think your conclusion is correct. However, I think that if the one you make looks to much like a firearm, you could still be fined because it could fool someone to think it's a firearm. Other then that you're golden.
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Unread postAuthor: DYI » Fri Jul 04, 2008 4:54 pm

I don't know the specifics of laws in cali, but I can give you one universal law. Whatever it is, as long as no one knows about it or sees it, it does not exist and therefore cannot be illegal.


Words to live by right there. The cops in our town seem to operate on a similar principle: if it isn't harming or annoying anyone, they ignore it, regardless of actual legality. Damn I love my town :D

Another good rule to follow: if it exists, and is in any way more entertaining, more economical, or simpler than the alternatives, it is illegal in California :roll:
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Unread postAuthor: Davidvaini » Fri Jul 04, 2008 4:54 pm

want to know something funny about where I live?

Orange tip is not required by law even on realistic airsoft weapons.
Any pneumatic as long as it doesn't create a noise disturbance can be fired... in town! (no psi restriction)
combustions are not allowed in city limits.

The amazing thing is that there is no limit on FPS and you do not need an orange tip.

The only kicker is the fact that if you desturb the peace with your gun, you are eligible for a $500 city ordinance fine..

So as long as you are not running downtown in EC wisconsin with no orange tip screeming im gonna kill you... you will be fine...

laws differ in different areas, towns, cities, states and providences. Please be advise.
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Unread postAuthor: SpudFarm » Fri Jul 04, 2008 5:22 pm

the best thing is the situation i am in, "no cops - no rules!"
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Unread postAuthor: igpay » Fri Jul 04, 2008 9:25 pm

most likely it's legal, and there's a loophole in that law you posted where, if you are firing 6mm pellets, you don't need an orange tip, but i would recommend one.
Sorry for my hasty typin'
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Unread postAuthor: Killjoy » Sat Jul 05, 2008 8:05 pm

The best part about where I live is no one give's a sh*t about what I do, as long as their windows don't shake more than a couple times a year no one gets mad.

Thats another nice rule to know by the way DYI.
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