Last Updated on July 2, 2025
Over the past decade, more and more people have taken to the streets in body armor, striving to become real-life superheroes. While any wannabe heroes may not be able to develop powers, like Superman, Wolverine or Spider-Man, anyone who is brave enough can choose to fight criminals the way Iron Man and Batman do. But is it legal to become a superhero in California? San Diego criminal lawyer Peter M. Liss says “yes,” but only up to a point.
How Can You be a Superhero Legally?
The basic legality of being a superhero in the real world comes down to how the hero goes about stopping crimes. Citizen’s arrests are legal in California, but the person stopping the crime is only permitted to use the minimal amount of force necessary. That means you couldn’t be a vigilante running around murdering, torturing, and kidnapping criminals like The Punisher and then expect your criminal attorney to explain to the real-life police that it’s ok because you brought so many people to justice.
But if you behaved like most superheroes from the Golden Age of comics and merely subdued the criminals enough to bring them to the police station, you’d be acting within the law. This doesn’t mean you couldn’t use weapons, even a gun, it just means that you could only use them when appropriate —for example, if the criminal started shooting at you. At that point, even if you were arrested for your actions, your defense lawyer would be able to explain that you were attempting to perform a citizen’s arrest and then had to use a weapon in self-defense.
You Can Wear a Disguise
The good news for those hoping to maintain their secret identity is that California allows the use of masks all year long. Notably, though, you cannot wear a disguise to hide from the police or commit a crime, so you still must follow all laws while attempting to bring criminals to justice.
Be Aware of Your State’s Weapons Laws
Of course, there are other laws to consider as well. For example, many weapons you may wish to use in your duties could be against the law —brass knuckles, switchblade knives, most semiautomatic firearms and shotguns with revolving cylinders are all against the law in the state. That’s why, if you are serious about becoming a superhero, you’d probably want to talk to a defense attorney before you put together your body armor and utility belt. After all, it’s better to talk to a lawyer about the legalities of being a civilian crime fighter before you get arrested for violating the law with an illegal weapon or by using excessive force against a suspect.
There is no Duty to Rescue in California
On the other hand, if you’ve always dreamed of being an anti-hero or the world’s most passive-aggressive villain, you’re in luck because California does not require you to assist someone during an emergency. You have every right to watch, even while laughing maniacally.
Need Help Better Understanding the Law?
If you need to know more before committing to taking the law into your own hands, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with top San Diego criminal defense attorney Peter M. Liss.
