A past felony conviction does not, by itself, make an ordinary air-, gas-, or spring-powered BB gun a prohibited firearm under California’s felon-in-possession statute. California defines a BB device by that propulsion method, while its firearm definition requires a projectile propelled by an explosion or other combustion. But the actual device, any current court order, and how and where it is used can change the legal question. Do not rely on a store label or a general answer to decide whether to acquire or carry one. (Penal Code §§ 16250, 16520(a), 29800(a))
First, identify what the device actually is
Section 29800 prohibits a person in its listed categories, including someone convicted of a felony, from owning, buying, receiving, possessing, or controlling a firearm. The name “BB gun” does not settle whether a particular object falls within that term. Under section 16250, a BB device expels a BB or pellet through air pressure, gas pressure, or spring action; the definition also includes a spot marker gun. Under section 16520(a), a firearm under this part expels a projectile through a barrel by explosion or other combustion. Section 16520 also has special frame, receiver, and precursor-part rules for section 29800. The make, mechanism, and actual parts matter more than packaging or appearance.
California separately calls a BB device an imitation firearm under section 16700(a). “Imitation firearm” is a different legal category from the firearm definition used for section 29800. That distinction explains why a device can be outside the usual felon-in-possession firearm rule and still be subject to other restrictions.
Then check the order and the conduct
| What to check | Why it matters |
|---|---|
| Your signed probation order | A court may impose case-specific probation conditions. A firearm statute alone does not tell you whether your actual order restricts BB devices, imitation firearms, or other weapons. Read the exact signed terms and any later modification. (Penal Code § 1203.1(a), (j)) |
| Public display | California generally bars openly displaying or exposing an imitation firearm in a public place, including a street, park, parking lot, or automobile. Section 20175 lists particular exceptions; an orange tip alone does not meet its full-surface-color exception. This rule concerns display, not a blanket ban on private ownership because of a felony. (Penal Code §§ 20170, 20175) |
| School grounds or threatening exhibition | An instrument that expels a metallic BB or pellet on K–12 school grounds can raise a separate section 626.10 issue, subject to its stated exceptions, including written principal permission. Drawing or exhibiting an imitation firearm threateningly against another in a way that causes reasonable fear can raise a different section 417.4 allegation, except where that section’s self-defense exception applies. Neither offense follows automatically from merely having a BB device. |
These rules address different acts. A device’s color does not erase a signed probation condition, and an exception to one rule does not automatically answer a different charge. If an officer or prosecutor calls the item a “gun,” ask which statute and which device facts support the allegation.
If there is already an allegation, collect the decisive records
Bring the complaint or citation and its exact code section, the prior judgment, the signed probation order and modifications, and available photographs, model information, packaging, and police descriptions of the device. Record where the object was found and what conduct is alleged. Those materials let counsel separate a device-definition dispute from a court-order issue or a distinct display or school-ground charge. Do not handle or alter a seized item to test a theory.
The Law Offices of David S. Chesley can review a California weapons allegation and the actual device and court records. Call (800) 755-5174.