Does a toy gun qualify as a firearm?
California, United States of America
The following excerpt is from People v. Clark, 277 Cal.Rptr.3d 176, 62 Cal.App.5th 939 (Cal. App. 2021):
of an explosion or other form of combustion." ( 16520, subd. (a).) "Thus, toy guns obviously do not qualify as a firearm, nor do pellet guns or BB guns." ( People v. Monjaras (2008) 164 Cal.App.4th 1432, 1435, 79 Cal.Rptr.3d 926 ( Monjaras ).)14 Thus, defendants knowledge that a firearm was possessed and that it was a real firearm is material to the possession counts.
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