Legal Question in Criminal Law in California
can a felon for drugs own or posess a paintball gun , bb gun ,pellet rifles, or squirt gun
2 Answers from Attorneys
Convicted felons become 'prohibited persons' not allowed to own, posses, use or even touch any firearms or ammunition. None of those listed by you is defined as a 'firearm' under federal or state law. Although BB and pellet guns would be argued by a police officer to be a 'weapon', that isn't the same thing as 'firearm'.
As long as it is not classified as a firearm, a felon can possess a bb gun, pellet rifle, and even the Super Soaker 5000.
A "firearm" is defined by Penal Code section 12001 as "any device, designed to be used as a wapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion." (Pen. Code, section 12001, subd. (b).)
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