California Penal Code §20170 — Imitation Firearms
PC §20170 prohibits changing, altering, removing, or obliterating the coloration or markings required by state or federal law on any imitation firearm so as to make the imitation firearm look more like a real firearm. Punishable as a misdemeanor with a fine up to $100 for a first offense and up to $1,000 or up to six months in county jail for subsequent offenses under PC §20180. California defines 'imitation firearm' at PC §16700 as any BB gun, toy gun, replica of a firearm, or other device that is substantially similar in coloration and overall appearance to a real firearm so as to lead a reasonable person to perceive that the device is a real firearm.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Imitation Firearms Cases in All LA County Courts
01 — Quick Facts
PC §20170 — Imitation Firearms at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §20170 — Alteration of Imitation Firearm Markings |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor / Infraction |
| First Offense | Fine up to $100 (PC §20180(a)) |
| Subsequent Offense | Fine up to $1,000 or up to 6 months county jail (PC §20180(b)) |
| Definition | PC §16700 — imitation firearm substantially similar to real firearm |
| Federal Overlap | 15 USC §5001 — federal orange-tip / blaze-orange requirement |
| Related Offense | PC §417.4 — brandishing imitation firearm (misdemeanor) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §20170?
What Is California Penal Code §20170?
PC §20170 Reads:
"It is unlawful for any person to change, alter, remove, or obliterate any coloration or markings that are required by any applicable state or federal law or regulation, for any imitation firearm, or any device described in subdivision (b) of Section 16700, in any way that makes the imitation firearm or device look more like a firearm."
— California Penal Code §20170 (paraphrased)
PC §20170 targets the alteration of the safety markings — typically the blaze-orange muzzle tip required by federal law under 15 USC §5001 — that identify a toy or replica gun as an imitation. Painting over the orange tip, removing it, or otherwise disguising a BB gun, airsoft rifle, or replica so it looks more like a real firearm is criminal. The statute pairs with PC §417.4 (brandishing imitation firearm) and with police-encounter cases where an altered imitation firearm leads to a use-of-force incident.
§16700 Definition — What Counts as an Imitation Firearm
PC §16700(a) defines 'imitation firearm' as any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. Subsection (b) exempts non-firing collector's replicas historically significant and pre-1898 antique-style replicas.
PC §20170 — Altering Imitation Firearm
Removing or covering the orange tip or federally required markings. Fine-based misdemeanor.
PC §417.4 — Brandishing Imitation Firearm
Drawing or exhibiting imitation firearm in threatening manner. Up to 1 year county jail.
Why §20170 Cases Turn on Police Encounters
The real risk of §20170 is not the $100 fine — it is the officer-safety context. Altered imitation firearms drive officer-involved shootings and aggravated-assault filings. Rubin Law, P.C. defends by challenging (1) whether the device is an 'imitation firearm' under §16700, (2) whether markings were 'altered' vs. worn or manufactured without the marking, and (3) whether the client had knowledge of the alteration.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §20170
The prosecution must prove each of the following beyond a reasonable doubt.
The Device Is an Imitation Firearm Under §16700
BB device, toy gun, replica, or other device substantially similar in coloration and overall appearance to a real firearm.
Required Markings Were Altered, Removed, or Obliterated
The orange-tip / blaze-orange marking required under 15 USC §5001 or state law was changed, altered, removed, or obliterated.
The Alteration Makes the Device Look More Like a Firearm
The change caused the device to appear more like a real firearm than it did with the required markings.
Defendant Was the Actor
Defendant personally changed, altered, removed, or obliterated the markings.
04 — Penalties
Penalties for PC §20170 Imitation Firearms in California
§20170 penalties are calibrated under PC §20180 by offense count.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| First Offense | PC §20180(a) | Fine up to $100 (no custody) | Not applicable | No |
| Second Offense | PC §20180(b) | Fine up to $1,000 OR up to 6 months county jail | Available | No |
| Third+ Offense | PC §20180(b) | Fine up to $1,000 OR up to 6 months county jail | Available | No |
| Concurrent §417.4 (Brandishing Imitation) | PC §417.4 | Up to 1 year county jail | Available | No |
| Concurrent §245 (Assault) | PC §245(a)(1) | Up to 4 years — if used to threaten | Rare | Yes |
Enhancements Attached to §20170 Fact Patterns
Concurrent Brandishing
PC §417.4
Altered imitation used in threatening manner adds up to 1 year jail exposure.
Concurrent Assault
PC §245
If altered imitation used to threaten or assault, felony assault filing follows.
Robbery / Attempted Robbery
PC §211
Altered imitation used in robbery supports full §211 charge — victim reasonable-perception standard.
Gang Predicate
PC §186.22
Gang-context brandishing with altered imitation adds strike exposure.
Beyond the Fine
- Device forfeiture
- Enhanced police officer-safety risk in future encounters
- Juvenile-record adjudication if defendant is under 18
- Insurance / school disciplinary consequences
- Trigger for §417.4 or §245 escalation if used to threaten
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §20170 Imitation Firearms Charges
§20170 defenses focus on device classification, alteration, and knowledge.
Not an Imitation Firearm
Device is a non-firing collector's replica or pre-1898 antique-style replica exempt under §16700(b). Water gun with clear plastic body not 'substantially similar.'
PC §16700(b)
Marking Not Altered — Worn Through Use
Orange tip faded through legitimate use / weathering. No affirmative alteration by defendant. Photo / receipt evidence of original condition.
PC §20170
No Knowledge of Prior Alteration
Device purchased already altered from third party. Defendant did not know and had no reason to know markings were removed.
In re Jorge M.
Cosmetic Paint Only
Camo or custom finish added but orange tip / required markings preserved. No violation of §20170's 'more like a firearm' element.
PC §20170
First-Offender Diversion
PC §1001.95 misdemeanor diversion — case dismissed on completion of diversion terms.
Infraction Reduction
PC §17(d) reduction of misdemeanor to infraction with prosecutor consent — fine only, no misdemeanor record.
PC §17(d)
Fourth Amendment Suppression
Warrantless search, overbroad warrant, Rodriguez prolongation. PC §1538.5 motion.
PC §1538.5
Constitutional Sources
07 — Court Process
How PC §20170 Imitation Firearms Cases Move Through Los Angeles Courts
§20170 cases typically resolve at arraignment or first pretrial.
- 1
Step 1 — Police Encounter
Cases arise from officer response to 'gun call,' probation searches, and school incidents involving altered airsoft / BB devices.
- 2
Step 2 — Device Examination
LAPD SID / LASD firearms unit inspects device, photographs the altered markings, and compares to real-firearm silhouette.
- 3
Step 3 — Filing Decision
DA reviews §20170 alone vs. §20170 + §417.4 / §245 based on brandishing conduct.
- 4
Step 4 — Arraignment
Misdemeanor arraignment at LA County criminal court. §17(d) infraction reduction negotiated where appropriate.
- 5
Step 5 — Diversion Track
PC §1001.95 diversion granted for first-time offenders; case dismissed on completion.
- 6
Step 6 — Resolution
Infraction plea, diversion dismissal, or trial.
Los Angeles Courts That Handle PC §20170 Imitation Firearms Cases
§20170 cases are prosecuted at LA County misdemeanor calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Imitation Firearms Defense Attorney
Daniel S. Rubin has defended clients charged with imitation firearms and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §20170 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Imitation Firearms Cases Throughout LA County
09 — FAQs
PC §20170 Imitation Firearms Questions — Los Angeles
Is it illegal to remove the orange tip from an airsoft gun in California?
Yes. PC §20170 criminalizes altering, removing, or obliterating the coloration or markings required by state or federal law on an imitation firearm. Federal law under 15 USC §5001 requires a blaze-orange marking on the muzzle of toy and imitation firearms. Removing or covering the orange tip in a way that makes the imitation look more like a real firearm violates §20170.
What is the penalty for a first offense under PC §20170?
A first offense is punishable by a fine up to $100 under PC §20180(a). A second or subsequent offense is punishable by a fine up to $1,000 or up to six months in county jail under PC §20180(b).
Is it legal to paint an airsoft gun a different color?
Cosmetic paint like camo or a custom finish is generally legal so long as the orange tip and federally required markings are preserved. Painting that covers the orange tip or otherwise makes the imitation look more like a real firearm violates §20170.
Can I be charged if I bought the imitation firearm already altered?
The prosecution must prove YOU altered the markings. Purchase of an already-altered device from a third party is a defense — but knowingly possessing an altered device in public may support §417.4 brandishing if displayed in a threatening manner.
What if my child painted over the orange tip on a toy gun?
Juvenile-court adjudication under Welfare & Institutions Code §602 may follow. Diversion under WIC §654 or informal handling is common for first-time minor offenses. Parental liability under Civ. Code §1714.1 is generally civil, not criminal.
Does §20170 apply to non-firing collector's replicas?
PC §16700(b) exempts non-firing collector's replicas that are historically significant and pre-1898 antique-style replicas. These devices fall outside the §20170 definition of 'imitation firearm.'
Can §20170 be reduced to an infraction?
Yes. PC §17(d) allows reduction of certain misdemeanors to infractions with prosecutor consent — fine only, no misdemeanor record. §20170 is a common candidate for §17(d) reduction and for PC §1001.95 misdemeanor diversion.
Does §20170 apply to Nerf guns or clearly transparent-plastic toy guns?
PC §16700(a) requires the device to be 'substantially similar in coloration and overall appearance' to a real firearm. Clearly transparent-plastic toys or brightly colored foam-dart guns are not 'substantially similar' and typically fall outside §16700's definition of imitation firearm.
Available 24/7 — Free Consultation
Charged Under PC §20170 Altered Imitation Firearm?
Device classification, alteration mechanics, and diversion eligibility drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.