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