California Penal Code §20310 — Concealed Air Gun / BB Device
PC §20310 makes it a misdemeanor to carry a concealed 'BB device' upon the person. Punishable by up to 6 months in county jail and/or a $1,000 fine. PC §16250 defines 'BB device' as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The statute reaches concealed carry only — open carry of a BB device is not §20310.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Concealed Air Gun / BB Device Cases in All LA County Courts
01 — Quick Facts
PC §20310 — Concealed Air Gun / BB Device at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §20310 — Carrying a Concealed BB Device |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail and/or $1,000 fine |
| Definition | PC §16250 — device expelling projectile ≤6mm by air/gas/spring |
| Coverage | Concealed carry only (open carry not §20310) |
| Related Statute | PC §20170 (imitation firearm alteration) |
| Diversion | PC §1001.95 misdemeanor diversion available |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §20310?
What Is California Penal Code §20310?
PC §20310 Reads:
"Any person in this state who carries concealed upon the person any BB device is guilty of a misdemeanor."
— California Penal Code §20310 (paraphrased)
PC §20310 is California's concealed-BB-device statute. It targets carrying a BB gun, air pistol, airsoft pistol, pellet gun, or spot-marker gun concealed on the person. The statute reaches only concealed carry — open carry of a BB device is not §20310. Because 'BB device' includes airsoft and paintball pistols, prosecutions frequently arise from stops of persons carrying replica-style air pistols in waistbands or jackets.
§16250 Definition — What Counts as a BB Device
PC §16250 defines 'BB device' as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The definition sweeps in air pistols, air rifles (though rifles are not typically 'concealed'), airsoft pistols, pellet pistols, and paintball spot-marker guns. It does NOT include devices propelling projectiles larger than 6mm or devices that fire live ammunition (those are firearms under §16520).
PC §20310 — Concealed BB Device
Concealed carry on the person of any air/gas/spring device ≤6mm. Misdemeanor.
PC §25400 — Concealed Firearm
Concealed carry of a real firearm. Wobbler with mandatory sentencing enhancements.
Why 'Concealed' Is the Key §20310 Element
The concealment element is the litigation focus. Case law construes 'concealed' as substantially concealed from ordinary observation — an air pistol visible in an open holster or clipped to a belt is not §20310. Rubin Law, P.C. defends by challenging (1) whether the device was actually concealed, (2) whether the device qualifies as a 'BB device' under §16250, and (3) Fourth Amendment issues in the stop that produced the discovery.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §20310
The prosecution must prove each of the following beyond a reasonable doubt.
The Device Is a BB Device Under §16250
Instrument expelling projectile ≤6mm by air pressure, gas pressure, or spring action, or a spot-marker gun.
The Device Was Concealed
Substantially concealed from ordinary observation while on the person — waistband, pocket, jacket, holster under clothing.
The Device Was Upon the Person
The device was on the defendant's body — not in a car, backpack set aside, or bag not in immediate contact.
Defendant Knew of the Device's Presence
In re Jorge M. mens-rea standard — defendant knew or had reason to know the device was on the person.
04 — Penalties
Penalties for PC §20310 Concealed Air Gun / BB Device in California
§20310 is a misdemeanor with fine and short-custody exposure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §20310 Base Offense | PC §20310 | Up to 6 months county jail and/or $1,000 fine | Standard | No |
| Concurrent §20170 (Altered Imitation) | PC §20170 | Fine / up to 6 months jail (subsequent) | Available | No |
| Concurrent §417.4 (Brandishing Imitation) | PC §417.4 | Up to 1 year county jail | Available | No |
| Concurrent §647(f) (Public Intoxication) | PC §647(f) | Up to 6 months county jail | Available | No |
Enhancements Attached to §20310 Fact Patterns
Concurrent Altered Imitation
PC §20170
BB device with altered orange tip adds §20170 exposure.
Concurrent Brandishing
PC §417.4
BB device drawn or displayed in threatening manner adds §417.4 exposure — up to 1 year jail.
School Zone
PC §626.10
BB device on school grounds — separate statute with wobbler exposure.
Prior Convictions
PC §1170(h)
Prior firearm convictions may support enhanced sentencing.
Beyond the Sentence
- Device forfeiture
- Misdemeanor conviction record affecting employment and background checks
- Immigration consequences under 8 USC §1227 (case-specific)
- Enhanced police officer-safety encounter risk
- School disciplinary consequences if defendant is a student
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §20310 Concealed Air Gun / BB Device Charges
§20310 defenses focus on concealment, device classification, and mens rea.
Not Concealed
Device visible in open holster, external clip, or waistband above beltline. People v. Hodges concealment analysis — must be substantially concealed from ordinary observation.
PC §20310
Not a BB Device
Device exceeds 6mm caliber, or fires live ammunition (that would be §25400, not §20310). Device is a Nerf gun or foam-dart toy outside §16250.
PC §16250
Not Upon the Person
Device in vehicle, in bag set aside, or in backpack not being carried — 'upon the person' element fails.
PC §20310
In re Jorge M. Mens Rea
Device planted, borrowed jacket, no knowledge of the device's presence.
In re Jorge M.
Fourth Amendment Suppression
Warrantless search, Terry-stop overreach, Rodriguez prolongation, pretextual search. PC §1538.5 motion.
PC §1538.5
PC §1001.95 Diversion
Misdemeanor diversion — case dismissed on completion of diversion terms.
Infraction Reduction
PC §17(d) reduction with prosecutor consent — fine only, no misdemeanor record.
PC §17(d)
Constitutional Sources
07 — Court Process
How PC §20310 Concealed Air Gun / BB Device Cases Move Through Los Angeles Courts
§20310 cases follow the misdemeanor track.
- 1
Step 1 — Police Encounter
Cases arise from Terry stops, traffic stops, and probation searches producing concealed air pistols or airsoft devices.
- 2
Step 2 — Device Examination
LAPD SID / LASD firearms unit measures caliber, confirms air/gas/spring mechanism, and confirms §16250 classification.
- 3
Step 3 — Filing Decision
DA reviews §20310 alone vs. §20310 + §20170 / §417.4 based on the specific device and conduct.
- 4
Step 4 — Arraignment
Misdemeanor arraignment at LA County criminal court. Diversion track identified early.
- 5
Step 5 — Motion Practice
PC §1538.5 suppression, concealment-element challenges, expert-witness classification review.
- 6
Step 6 — Resolution
Diversion dismissal, infraction reduction, plea, or trial.
Los Angeles Courts That Handle PC §20310 Concealed Air Gun / BB Device Cases
§20310 cases are prosecuted at LA County misdemeanor calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Concealed Air Gun / BB Device Defense Attorney
Daniel S. Rubin has defended clients charged with concealed air gun / bb device 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 §20310 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Concealed Air Gun / BB Device Cases Throughout LA County
09 — FAQs
PC §20310 Concealed Air Gun / BB Device Questions — Los Angeles
Is it legal to carry a BB gun in California?
Open carry of a BB device (air pistol, airsoft pistol, pellet gun) is generally legal for adults. CONCEALED carry on the person is a misdemeanor under PC §20310. Carry in a vehicle, in a backpack set aside, or in a case is not 'upon the person' and typically falls outside §20310.
Is airsoft considered a BB device under California law?
Yes. PC §16250 defines 'BB device' as any instrument expelling a projectile not exceeding 6mm by air, gas, or spring action. Airsoft pistols firing 6mm plastic BBs fall squarely within this definition and are subject to §20310's concealed-carry restriction.
What is the penalty for PC §20310?
PC §20310 is a misdemeanor punishable by up to six months in county jail and/or a $1,000 fine. First-time offenders are frequently eligible for PC §1001.95 misdemeanor diversion (case dismissed on completion) or PC §17(d) infraction reduction.
Can a paintball marker be a BB device under §16250?
Yes. §16250's definition explicitly includes 'any spot marker gun.' Paintball markers are covered — concealed carry on the person of a paintball marker is §20310.
Does §20310 apply to Nerf guns?
Nerf-style foam-dart toys fire projectiles well over 6mm caliber and fall outside PC §16250's definition of BB device. §20310 does not apply.
What does 'concealed' mean under §20310?
'Concealed' means substantially concealed from ordinary observation. Case law under People v. Hodges and related concealment cases applies. A BB device visible in an open external holster, clipped externally to a belt, or otherwise open to ordinary observation is not 'concealed' for §20310 purposes.
Can §20310 be dismissed through diversion?
Yes. First-time offenders are frequently eligible for PC §1001.95 misdemeanor diversion. Upon completion of diversion terms — no new offenses, court-ordered conditions — the case is dismissed with no conviction record.
What if I was carrying the BB device for legitimate purposes?
Legitimate purpose is not an affirmative defense to §20310. The statute prohibits concealed carry regardless of intent. But legitimate context supports diversion, §17(d) infraction reduction, and mitigation at sentencing.
Available 24/7 — Free Consultation
Charged Under PC §20310 Concealed BB Device?
Concealment analysis, device classification, and Fourth Amendment suppression drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.