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
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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
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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