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HomeElections CodeDiv. 18Ch. 6Art. 5§ 18580 Firearm Definition And Scope

§ 18580 Firearm Definition And Scope

Elections Code·California
AI Summary·Official Text·Related Statutes·References
AI SummaryVerified

§ 18580 Firearm Definition And Scope

This law defines key terms like "firearm," "open carry," and "voting" so that the rules for carrying weapons and participating in elections are clear.

Key Takeaways

  • •A "firearm" includes real guns and realistic-looking air guns that can fire a projectile smaller than 3/8 inch.
  • •Open carry rules apply to any firearm or imitation firearm carried openly, even if it is not loaded.
  • •"Voting" covers every step needed to cast and count a ballot, from registration to having the vote counted.

Example

A person brings a realistic-looking air pistol to a polling place and carries it openly.

Because the air pistol is designed to look like a real gun and is carried in public, the law treats it as a "firearm" for open‑carry rules. The same person's actions of registering and casting a ballot are covered by the definition of "voting" in this statute.

How to Calculate

Projectile diameter must be less than 3/8 inch to be considered a firearm under the definition.

  1. Measure the diameter of the projectile (in inches).
  2. Compare the measured diameter to 0.375 inches (3/8 inch).
  3. If the measured diameter is smaller than 0.375 inches, the device meets the diameter part of the firearm definition.

Measuring the barrel of an air gun that shoots a 0.30‑inch pellet.

Result: 0.30 < 0.375, so the air gun meets the diameter criterion and is covered by the firearm definition.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 18580 Firearm Definition And Scope

For the purposes of this article, the following definitions apply: (a) “Firearm” means a device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. It includes any firearm that is in the nature of an air gun, spring gun or pistol, or other weapon in which the propelling force is a spring, an elastic band, carbon dioxide, compressed or other gas or vapor, or air or compressed air, or is ignited by compressed air, and that ejects a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person that is so substantially similar in coloration and overall appearance to an existing firearm or weapon as to lead a reasonable person to perceive that the device is a firearm or weapon. (b) “Imitation firearm” has the same meaning as in Section 16700 of the Penal Code. (c) “Law enforcement officer” has the same meaning as in Section 13519.05 of the Penal Code. (d) “Officer holding an election or conducting a canvass” has the same meaning as in Section 18502. (e) (1) “Open carry” has the same meaning as in Section 26350 of the Penal Code. (2) Notwithstanding Section 26350 of the Penal Code, this definition applies to any firearm or imitation firearm that is openly carried and applies to any firearm that is openly carried, regardless of whether the firearm is loaded. (f) “Voting” includes any action necessary to make a vote effective in a primary, special, or general election, including registration or other action required by law as a prerequisite to voting, casting a ballot by any method permitted by law, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to a candidate or measure for which votes are received in an election. (Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)

Last verified: January 10, 2026

Related Statutes

  • § 15490 Central Committee Election Rules
  • § 18581 Election Intimidation Prohibition
  • § 18582 Election Violation Enforcement
  • § 13500 Partisan Primary Election Rules
  • § 13501 Voter Party Preference Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 18580.
View Official Source