BILL ANALYSIS SB 1858 Page 1 Date of Hearing: August 11, 2004 ASSEMBLY COMMITTEE ON APPROPRIATIONS Judy Chu, Chair SB 1858 (Dunn) - As Amended: July 28, 2004 Policy Committee: Public SafetyVote: 5-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill creates a new definition for imitation guns - any BB device, toy gun, or replica that is so similar in coloration and overall appearance to a real gun as to lead a reasonable person to perceive the device is a real gun - and generally prohibits display of imitation guns in public places. Specifically, this bill also: 1)Makes it a misdemeanor to alter or remove any required coloration or markings on an imitation gun, as specified, to make it look more like a gun, with specified exceptions. 2)Makes it a misdemeanor for a manufacturer, importer, or distributor of imitation guns to not comply with federal marking requirements. 3)Requires any imitation gun manufactured after July 1, 2005 and offered for sale in California, to carry a "conspicuous advisory" explaining that an imitation gun may be mistaken for a real gun, that altering the coloration or markings is dangerous and may be a crime, and that displaying the gun in public may cause confusion and may be a crime. Any distributor that fails to comply with the advisory requirement is liable for a civil fine for each action: up to $1,000 for a first offense; up to $5,000 for a second offense; and up to $10,000 for a subsequent offense. 4)Expands the current coloration exception for imitation guns, where the entire surface is either bright orange or bright green, to include where the entire exterior surface is white, bright red, orange, yellow, green, blue, pink, or purple, or SB 1858 Page 2 where the entire device is constructed of translucent materials that permit observation of the device's workings. 5)Creates the offense of openly displaying an imitation gun in a public place, punishable as an infraction for the first two offenses, carrying a fine of $100 and $300, respectively. A third or subsequent violation would be punishable as a misdemeanor. Exceptions to this offense include the aforementioned coloration, and commercial, theatrical, sporting, military, and ceremonial functions, as specified. FISCAL EFFECT Unknown, likely minor nonreimbursable increase in local incarceration costs, offset to a degree by increased fine revenue. COMMENTS 1)Rationale. Sponsored by the Department of Justice, this bill is now a consensus effort to continue to address the problem of mistaking imitation guns for real guns, a problem that results in calls to law enforcement agencies and peace officers pulling guns on kids who display imitation guns. The author states, "Air guns and BB guns are being produced by some manufacturers to look so realistic that trained law enforcement personnel cannot differentiate them from a real firearm. This realism is desired by the consumer and is eagerly met by manufacturers - with grave consequences. "Police officers throughout California are increasingly being placed in situations where they must determine whether a juvenile suspect is a threat to their lives or simply a child playing 'cops and robbers.' Unfortunately, we now live in a world where the tragedies of Columbine High School in Littleton, Colorado, and Santana High School in Santee, California, cause us to reevaluate what we used to dismiss as childhood pastimes." 2)Revised Definition of Imitation Gun . Existing law defines an imitation gun as a replica of a gun so substantially similar in physical properties to a real gun so as to lead a SB 1858 Page 3 reasonable person to conclude that the replica is a gun. The definition established in this bill would also define an imitation gun based on substantial similarity to a gun, but substitutes "coloration and overall appearance" for "physical properties." Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081