BILL ANALYSIS
SB 1858
Page A
SENATE THIRD READING
SB 1858 (Dunn)
As Amended August 16, 2004
Majority vote
SENATE VOTE :28-9
PUBLIC SAFETY 5-0 APPROPRIATIONS 16-3
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|Ayes:|Leno, Dymally, Goldberg, |Ayes:|Chu, Bates, Berg, Laird, |
| |Spitzer, Firebaugh | |Daucher, Firebaugh, |
| | | |Goldberg, Leno, Nation, |
| | | |Negrete McLeod, Oropeza, |
| | | |Pavley, Ridley-Thomas, |
| | | |Wesson, Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Runner, Haynes, Keene |
| | | | |
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SUMMARY : Establishes a new definition for imitation firearms,
generally prohibits the open display or exposure of imitation
firearms in public places, and make numerous other changes
related to imitation firearms. Specifically, this bill :
1)Defines "imitation firearm" as "any BB device, toy gun,
replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing
firearm as to lead a reasonable person to perceive that the
device is a firearm."
2)Creates a misdemeanor for a person to alter or remove any
required coloration or markings on an imitation firearm or
another device, as specified, to make it look more like a
firearm. This would not apply to manufacturers, importers, or
distributors, or to use of imitation firearms in theatrical
productions.
3)Creates a misdemeanor for any manufacturer, importer, or
distributor of imitation firearms that fails to comply with
federal marking requirements.
4)Provides that for any imitation firearm manufactured after
July 1, 2005 and offered for sale in California shall, at the
SB 1858
Page B
time of sale, be accompanied by a "conspicuous advisory" in
writing , as specified, that explains the imitation firearm
may be mistaken for a real firearm, that altering the
coloration or markings is dangerous and may be a crime, and
that brandishing or displaying the imitation firearm in public
may cause confusion and may be a crime.
5)Provides that any manufacturer, importer, or distributor that
fails to comply with the advisory requirement shall be liable
for a civil fine for each action brought by a city attorney or
district attorney. The fine schedule would be a maximum of
$1,000 for a first offense; a maximum $5,000 for a second
offense; and a maximum of $10,000 for a third or subsequent
offense.
6)Relocates, renumbers, and amends the existing statute
regulating the purchase, sale, manufacture, transport, or
receipt of an imitation firearm, and:
a) Retains the existing limited circumstances under which
an imitation firearm may be purchased, sold, shipped,
transported, distributed, or received, but also adds the
"ceremonial activities" as a permissible circumstance, as
well as replacing "athletic event" with "sporting event;"
b) Deletes the definition of "imitation firearm" from this
section in recognition of the applicability of the new
definition established in this bill;
c) Recasts and consolidates the exception related to a
nonfiring collector's replica that is historically
significant, deleting the requirement that such firearms
designed after 1898 may only be issued as a commemorative
by a nonprofit organization;
d) Deletes the descriptive definition of a "BB device" and
retains the cross-reference definition in the exception;
and,
e) Expands the current coloration exception for imitation
firearms where the entire surface is either bright orange
or bright green, either singly or in combination, to also
include "a device" where its entire exterior surface is
white, bright red, bright orange, bright yellow, bright
green, bright blue, bright pink, or bright purple, either
SB 1858
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singly or as the predominant color in combination with
other colors in any pattern, as provided by federal
regulations governing imitation firearms, or where the
entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the
device's complete contents, as provided by federal
regulations governing imitation firearms.
7)Creates the offense of openly displaying or exposing an
imitation firearm 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.
8)Provides that these penalties are not intended to preclude
prosecution under specified provisions that prescribe a higher
penalty for possessing or carrying a BB device or imitation
firearm in specified locations such as public buildings,
airports, or school grounds.
9)Defines "public place" for purposes of the offense as "an area
open to the public and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, front yards, parking lots,
automobiles, whether moving or not, and buildings open to the
general public, including those that serve food or drink, or
provide entertainment, and the doorways and entrances to
buildings or dwellings."
10)Provides that the "public place" prohibition shall not apply
under numerous specified circumstances.
11)Amends the existing brandishing statute to incorporate the
revised definition of "imitation firearm".
12)Amends the existing statute that grants the Legislature
exclusive authority to regulate the manufacture, sale, or
possession of imitation firearms to cross-reference the
revised definition.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, "unknown, likely minor non-reimbursable
increase in local incarceration costs, offset to a degree by
increased fine revenue."
COMMENTS : According to the author, "Air guns and BB guns are
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being produced by some manufacturers to look so realistic that
trained law enforcement personnel can not 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.
"Today, when children play 'cops and robbers' or 'war games' in
places like parks, parking lots and in front of their homes,
they play with imitation firearms that look exactly like real
guns. When people see others with these devices, they are apt
to think there is a threat serious enough to call the police.
Once an officer arrives on scene and sees these real looking
'toys', he or she must proceed with caution.
"This bill will not solve this problem overnight, but it is a
first step in attempting to address this serious problem by
educating the public about the seriousness of the perceived
lethality of imitation firearms."
Analysis Prepared by : Harry Ermoian / PUB. S. / (916)
319-3744
FN: 0007798