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Are Fake Guns Illegal in Florida?

When using firearms, we must be careful not to cause harm or injury to others. However, what we may not realize is that possession of fake guns may lead to serious consequences when not used correctly. In a pro-gun state such as Florida, the legality of using fake guns must be known by all so that we do not put ourselves at risk.

Defining ‘Fake Guns’ or ‘Imitation Firearms’

Firearms are defined as barreled weapons that are designed to discharge a projectile and may cause grave injury or even death. Fake guns or imitation firearms, on the other hand, are anything that has the appearance of a firearm but not its full functionality.

Even if it is able to propel some sort of bullet or missile, but can only cause harm deemed to be trivial, it may still be considered to be an imitation firearm. Moreover, it must also be a rigid object distinct from an individual’s person. A concealed hand mimicking the shape of a gun does not, in legal terms, fit this definition.

Concrete examples of imitation firearms are toy guns, firearm replicas and air-soft guns with nonmetallic projectiles, as well as other objects that appear to have a similar shape and form to a standard firearm. Although relatively safe to use, laws regulate imitation firearms. This is because worry and panic may ensue if an individual is in possession of an object that may lead others to believe that they are in harm’s way of a legitimate firearm.

Gun Laws in Florida

The state of Florida promotes the use and possession of guns and is relatively loose with regards to the laws about firearms. It is recognized that citizens of the state “retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as collectibles.” In addition, it is against the law to carry a firearm out in the open or to conceal one without a license.

Laws With Regards to Imitation Firearms

There are certain design requirements for imitation firearms so as not to confuse them with the real thing. A blaze orange solid plug or marking must be attached permanently to the muzzle of barrels that are no deeper than 6 millimeters. The entire exterior of the imitation firearm must be colored white or any bright and distinguishable color. Transparent or translucent materials may also be used so as to be able to see its contents.

According to the law of the State of Florida, any individual is prohibited from altering or removing features of an imitation firearm that are required by law. It is also not allowed to add features to a real firearm to make it look like an imitation. There are also specifications as regards the manufacturing, selling, displaying and exposing of imitation firearms.

There are, however, certain exemptions from these laws. They are: non-firing collector replica antique firearms designed before 1898, traditional BB, paintball or pellet-firing air guns, and imitation firearms sold or offered for sale for the sole purposes of theatrical productions.

Contact a Reliable Attorney if you Get Involved in an Alleged Violation of Gun Laws

Florida has set laws that require the regulation of firearms, may it be real or imitation. Yes, fake guns are legal. But citizens must still abide by certain rules and specifications in order to create a safe and secure environment.

If you or someone you know is charged with a violation of FL gun laws, contact our law firm right away. Michael Gottlieb will fight for you.

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