Fake guns that look like real guns - which is what we deal in here - can get you killed. It's a felony to possess replica firearms that don't have a bright orange tip - UNLESS you're using them for performance (i.e. film, theatre, etc).

The guidelines given here are accurate in Los Angeles County, which has a fair amount of regulative structure in place because so much filming happens here. Your county may have similar regulations, although they may not be as elaborate. Most decent-sized cities probably have a film commission office that can fill you in on the details for your area.

Non-Firing Replicas

Carrying a replica firearm is called "brandishment". Brandishment of weapons, even if they're not being fired, requires that you notify whatever authorities preside over the location where you're filming. This can mean the property owner or landlord for private property, or the city film commission and the police for public property.

Private Property

The key is whether you can be seen by anyone not affiliated with your shoot. If you're inside and the blinds are closed, you're probably fine. If you need to have the windows open, you should post signs on the outside of the window reading "FILMING" or "REPLICA WEAPONS IN USE". Additionally, post someone outside the window to watch for passers-by and to give the all-clear. Yellow caution tape can be used to block off an area where you don't want people passing by (this is also useful if you don't want them crossing in front of camera in general).

If you're outside and going to be brandishing weapons, and there is a chance that someone could see you, you should notify the police (see "Notifying the Police," below). If you're in the mountains or somewhere and you're the only people for miles, you can save yourself the trouble - but use common sense; being on a deserted highway in the middle of nowhere is different from being on a hiking trail at the park. You should be prepared at all times to conceal your weapons should a car pass by, for example.

All the precautions that you take are designed to minimize the danger of someone misunderstanding what's happening and calling the police on you - or worse, pulling out their own gun to defend themselves. Everything you do should be geared towards avoiding the possibility for misconception - whether it's making sure there's nobody around (although it's tough to be certain of this), posting signs or notifying the police yourself ahead of time.

The problem with posting "FILMING" signs is that depending on where you are, there is the potential of attracting onlookers. That's why it's best to have a 3rd A.D., which is someone assigned specifically to crowd and pedestrian control.

Public Property

If you're shooting on public property you will often need to have a film permit. Not so if it's the street in front of your house; yes if it's a library, park, beach or main street.

Beaches and parks are regulated by the county Parks & Recreation department, who often issue film permits on their own behalf. It's a matter of filing a form at the Parks & Rec office or City Hall (depending on the location), possibly paying a processing fee, and providing proof of insurance. (Your film school may be able to provide an insurance certificate for you; if you don't have a film school, you may have to purchase one from a film insurance broker, or else rethink your location.) Often the permit forms ask if you will be using weapons, and there may be restrictions on your usage of the location if you are.

If you're planning on shooting: (a) for any length of time, (b) with a fair amount of equipment, or (c) on a beach or park with any foot traffic, there is a very real possibility that you will be kicked out. The reason for this is liability. Having a film permit means that you've filed an insurance certificate; not having one means you haven't and that the park authority becomes liable for injuries or damages.

If you're planning on shooting at a location where only two of those three conditions exist (e.g. with equipment but on an isolated beach; very quickly; or with very little equipment) you may be able to get away without filing a permit. (We don't recommend or condone it.) But remember that brandishing weapons increases every type of risk exponentially, and take that into account. You may be able to shoot the majority of a scene at a populated beach, for example, and shoot the gun scenes in close-up at an isolated location. Even a chase scene can be done in a crowded location without revealing a gun; the gun can be added with close-ups in editing.

To block a public street requires filing a request with the police department, which may require obtaining a permit from the city film commission. Brandishing weapons in a very public place (such as a major intersection) requires the presence of a police officer. The most common way to do this involves hiring an officer off-duty and paying them hourly.

If you can figure out how to film a gun scene in a library or post office or other public building, we'd love to hear it. You may be able to convince the city Library Comission (for example) to allow you in during non-business hours, but you will likely have to pay a manager or supervisor hourly to supervise.

Firing Weapons

Shooting off blanks throws out the entire concept of being inconspicuous. Way out in the country you may not have a problem, but in any sort of urban or suburban setting you need to notify the police (see "Notifying the Police", below) in addition to any permit requirements as stated above. There is a much higher probability for dangerous misconception when using a blank-firing gun, so be even more leery of skirting official permit regulations.

Notifying the Police

In most cases this is a fairly easy thing to accomplish. The person you should try to reach is the Watch Commander of the precinct covering your location. For example, the Los Angeles Police Department has 18 different stations, each covering a different area of the city (Hollywood, West LA, Van Nuys, Devonshire, etc.).

The Watch Commander is the officer who dispatches officers to a scene. If he knows that you're shooting a film with replica guns at a certain location at a certain time, and he gets a call from a neighbor reporting it, he knows not to dispatch squad cars. Officers who report to a scene where weapons have been reported are understandably on edge and nervous, and it is a very dangerous situation for you to be in.

You should call at least a week before your planned date so that the station can put you on their calendar. This way, whoever's on duty at a particular time will be informed in advance. Call again the day before your shoot and the day of. If you're firing blanks you may have to call them every time you start and stop a take. They will also tell you the requirement, if it exists, to have an officer on-set with you.

Don't follow the legal rules, and someone may be killed

Here's lookin' at you, kid

Reading about all the complicated things you have to do - or that you should do - to go about your gun-wielding shoot legally and safely can be daunting. Sometimes you can get away with just being careful and using common sense, and in other cases you absolutely should follow all the rules and regulations to the letter, no matter how inconvenient. The alternative is to change your script or rethink your shooting strategy.

Don't be surprised by unexpected uniformed guests

You are not above the law

CARSON, CA -- A student who threatened another student with an air gun tucked into his waistband was taken into custody Friday at Carnegie Middle School.

The incident occurred following an earlier dispute over Yu-Gi-Oh! trading cards, said P.J. Webb, a Los Angeles Unified School District police spokesman.

One boy believed another stole some of his cards and confronted him. That boy then pulled up his shirt and revealed the air gun.

The other boy, fearing that it was a real gun and he might be shot, punched him in the nose.

School authorities interceded and the student with the weapon was taken to the health office. His nose was bloodied but not broken, Webb said.

He was then arrested for being in possession of a replica gun on campus, a possible felony. The student will face expulsion. (May 3, 2003)

Any suggestions on this site should only be attempted within the proper legal context and the assertations on this site should not be regarded as definitive legal counsel. All information supplied is at your own risk. Check with legal authorities for local laws before attempting your shoot.