Paint Ball Gun

[Dionna]

What is the name of your state? California

I purchased an electronic Spyder Paint Ball Gun for my son for Christmas. It uses C02 gas cartridge. My question is "What are the laws on carrying, using and firing this weapon within California? He is in the military and they have Paint Ball Fields to amuse themselves while they are on free time.
I searched the internet on California laws and could not find any answers.

Is there any requirements that he must follow in order to comply with California Laws?

Your answers will be appreciated!!!

Thankyou,

Dionna

 

[skylinedo]

Hello

First off, I too have a paintball gun and I live in CA.

Since your son is in the military I trust he'll have sufficient judgement on where to use his non-lethal "weapon." (but you can shoot an eye out)

Check with your local laws or ask the Police if in doubt.

Here in Fremont, they can't be used in public or they'll be confiscated indefinitely.

Have fun! ^^

 

[JusticeSeeker1]

Sky is correct. Check local ordinances and with your state police for specifics. However, I too am into paintball and there is some question as to whether or not markers (AKA paintball guns) are weapons. Some states do classify them as weapons. Although the recent trend is to categorize them as recreational moreso than weaponry. Just make sure he ALWAYS wears eye protection and treats it like a weapon and it will be fine. Paintball is said to be a safer sport than most other sports, non-contact even. Good luck.

 

[divgradcurl]

From the website of the California Attorney General:

"SB 1858 (Stats. 2004, ch. 607; Dunn - effective September 20, 2004) is now in force. This statute increases restrictions on imitation firearms and expands the definition of "imitation firearm" for some purposes to include certain BB devices (such as BB, pellet, and paintball guns) that are substantially similar in color and appearance to real firearms.

Any person who openly displays or exposes an imitation firearm (including a BB or pellet device) in a public place is guilty of an infraction for a first or second offense and a misdemeanor for a third or subsequent offense. Certain exceptions apply to manufacturers/importers/distributors and theatrical productions.

Any person who alters an imitation firearm to make it appear more like a real firearm is guilty of a misdemeanor. This provision does not apply to manufacturers, importers, or distributors of imitation firearms, nor to the lawful use of imitation firearms in theatrical productions.

Any person who draws or exhibits a BB device in a threatening manner is guilty of a misdemeanor.

With specified exceptions, 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 action of not more than $10,000 for each violation. For these purposes, “imitation firearm” does not include:

Historically significant nonfiring collector’s replicas offered with a wall plaque or presentation case;

BB devices; or

Devices where the entire exterior surface of the device is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, as provided by federal regulations governing imitation firearms, or transparent or translucent as provided by federal regulations governing imitation firearms."

http://ag.ca.gov/firearms/imit.htm

Not trying to be a jerk, but how much of an internet search did you do? I searched Google under "california painball gun law" and this was the second page listed...

 

[Lynx 36]

Quote: "He is in the military and they have Paint Ball Fields to amuse themselves while they are on free time."

Can someone explain to me how CA law applies on a military base? A military base is federal property. It falls under federal statutes.

Of course if he goes off the base to play, then CA laws would apply.

 

[JusticeSeeker1]

Aside from the fact that Federal Law would govern the base where her son plays, seems to me that California statute is overbroad. Under that, you may not purchase, order, or have shipped to you a paintball or BB gun. In addition, the brandishing in a public place paragragh does not consider or distinguish the use of public areas for paintball gaming. For example: Universities allow their fields to be used for Paintball Tournaments often. I have seen several examples of this occurence within California. I understand the need for such laws, however most states provide an age limitation on the use of paintball guns, or require parental supervision. Seems a bit stringent here. Just my opinion though.

 

[divgradcurl]

Can someone explain to me how CA law applies on a military base? A military base is federal property. It falls under federal statutes.

I don't know -- maybe he lives off base. Maybe he carries the gun in his car when he goes home on weekends or whatever. The OP asked for state law, so she got state law.

Further, military bases can (and often do) import state law to cover situations where there isn't a specific law laready under federal or UCMJ statutes. I don't know if that's true in this case.

seems to me that California statute is overbroad.

And you are a justice in which circuit court of appeals?

nder that, you may not purchase, order, or have shipped to you a paintball or BB gun.

No, that's not what it says. It says you can't buy or have shipped to you a paintball or BB gun that is a REPLICA of a real gun -- and then lists some exceptions for what "replica" means under this particular statute. If your BB or paintball gun is not a "replica" under the statute, no problem.

I understand the need for such laws, however most states provide an age limitation on the use of paintball guns, or require parental supervision.

Again, this doesn't apply to ALL paintball guns, just those that meet the definition of "replica."

Seems a bit stringent here.

Probaby is. But it's probably not constitutionally "overbroad."

 

[JusticeSeeker1]

Your sarcasm is well noted. In order to render an opinion I was unaware that one needed to be a Judge your Honor. At any rate, "substantially similar in color and appearance to real firearms" is limited. Just seems to me that it needs some fine tuning in order to avoid subjective judgements. The overbreadth statement is just wishful thinking on my part.