BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1858
Author: Dunn (D), et al
Amended: 8/16/04
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Imitation firearms
SOURCE : Department of Justice
DIGEST : This is a new bill. As this bill left the
Senate it required the Public Utilities Commission to
review the rates and charges by telephone corporations for
"911" emergency telephone service to ensure that those
rates and charges are just and reasonable. Those
provisions were deleted in the Assembly.
As amended the bill 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.
ANALYSIS : Existing law:
1.Defines "imitation firearm" which definition excludes BB
guns.
2.Generally regulates commerce in imitation firearms, as
CONTINUED
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specified.
3.Subject to exceptions, makes it and offense to draw or
exhibit an imitation firearm in a threatening manner, as
specified.
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 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
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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.
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 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.
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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 : Appropriation: No Fiscal Com.: Yes
Local: Yes
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."
SUPPORT : (Verified 8/18/04)
Department of Justice (source)
American Federation of State, County and Municipal
Employees Association for Los Angeles Deputy Sheriffs
California Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Probation Officers Union, AFSCME, Local
685
Los Angeles County Professional Peace Officers Association
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Office of the Attorney General
Orange County Chiefs of Police and Sheriff's Association
Peace Officers Research Association of California
Riverside Sheriffs' Association
San Bernardino County Office of the Sheriff
San Diego County Sheriff
Santa Ana Police Officers Association
ARGUMENTS IN SUPPORT : According to the author's office,
"Air guns and BB guns are "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."
RJG:nl 8/18/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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