2020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm,
In the heat of the moment when a "toy" is being used by someone as if it were real ... absolutely. Cops make this "mistake" all the time. So would most folks, in a similar situation. Anyone attempting to pass off a toy as real should be treated as someone with a real one.They still look like firearms to me.
Looked like a gun and didn't have an orange tip, unfortunately, I would have shot under those circumstances.