"Air Soft" Guns (B.B. Guns)

There has been a recent increase in the purchase and use of a certain type of "toy" gun called "Air Soft". These guns use either compressed gas or loaded springs to propel a small plastic pellet. The obvious hazard is to those using this type of gun without proper eye protection. The less obvious hazard comes from the fact that many of these "toys" are made and marketed to directly mimic specific models of real handguns. Absent the easily removed orange barrel tip many of these "toys" require close inspection to identify it as a "toy". Beverly Hills Police has responded to several calls this year of persons with guns that turned out to be Air Soft guns. These situations present definite hazard to those using the "air soft" guns but also for the responding officers who now must delay their response to the presence of what appears to be a semi-automatic handgun.

The Village of Beverly Hills Municipal Code includes Ordinance 42.01. Ordinance 42.01 covers the definition, possession and use of weapons in the Village of Beverly Hills. The ordinance is presented below in its entirety but for the average person sub-section (b) is the most important. The highlighted areas speak directly to the possession of B.B. or so called "Air Soft" guns in the Village.

42.01 WEAPONS.

(a) Carrying Concealed Weapons. No person shall wear under his clothes or conceal about his person, or display in a threatening manner, any dangerous or deadly weapon including, but not by way of limitations, any pistol, revolver, slingshot, cross-knuckles, or knuckles of lead, brass, or other metal, or any bowie knife, or any knife with a switch-blade or device whereby the blade or blades can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance.

(b) Possession of Dangerous or Deadly Weapons. No person shall have in his possession, except within his own domicile, or carry or use, a revolver or pistol of any description, shotgun, or rifle which may be used for the explosion of cartridges, or any air-gun, "B-B gun," gas-operated gun or spring gun, or any instrument, toy or weapon commonly known as a "pea-shooter," slingshot, or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name.

The prohibition of this subsection (b) above shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence; and further provided, that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery or to or from an area where hunting is allowed by law.

The prohibition of this subsection (b) shall not be construed to forbid United States marshals, sheriffs, constables, and their deputies, and any regular, special or ex officio police officer, or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.

(c) Forfeiture of Weapons. Every person convicted of a violation of this subsection shall forfeit to the Village such dangerous or deadly weapon so concealed or displayed.

(d) Disposition of Confiscated Weapons. Every public safety officer, upon making any arrest and taking a weapon used in violation of this section, shall deliver the same to the court hearing the action to be held by it until the final determination of the prosecution for said offense; and upon the finding of guilt, it shall then be the duty of the judge of the court to deliver said weapon forthwith to the Department of Public Safety who shall make disposition of the weapon.

Violation of this ordinance is a misdemeanor.