BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1315
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          SENATE THIRD READING
          SB 1315 (De León)
          As Amended  March 29, 2012
          Majority vote 

           SENATE VOTE  :21-14  
           
           PUBLIC SAFETY       4-2                                         
           
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          |Ayes:|Ammiano, Cedillo,         |     |                          |
          |     |Mitchell, Skinner         |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Hagman            |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Removes the state preemption of any local ordinances 
          regarding the manufacture, sale, or possession of imitation 
          firearms, BB devices, and air rifles within the County of Los 
          Angeles.  Specifically,  this bill  allows the County of Los 
          Angeles or any city within that county to enact and enforce an 
          ordinance or resolution that is more restrictive than state law 
          regulating the manufacture, sale, possession, or use of any BB 
          device, toy gun, replica of a firearm, or other device that 
          meets both of the following:

          1)The device 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; 
            and,

          2)The device expels a projectile that is no more than 16 
            millimeters (mm) in diameter.  

           EXISTING LAW  :

          1)Requires that no person shall manufacture, enter into 
            commerce, ship, transport, or receive any toy, look-alike, or 
            imitation firearm ("device"), as defined, unless such device 
            contains, or has affixed to it a bright orange marking, as 
            specified, covering the circumference of the barrel from the 
            muzzle end for a depth of at least 6 millimeters, unless 
            exempted, as specified.  This requirement does not apply to 








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            traditional BB, paint-ball, or pellet-firing air guns that 
            expel a projectile through the force of air pressure.  

          2)Preempts any provision of state or local laws or ordinances 
            which provide for markings or identification inconsistent with 
            provisions of this section provided that no state shall 
            prohibit the sale or manufacture of any look-alike, nonfiring, 
            collector replica of an antique firearm developed prior to 
            1898, or prohibit the sale (other than prohibiting the sale to 
            minors) of traditional BB, paint ball, or pellet-firing air 
            guns that expel a projectile through the force of air 
            pressure.  

          3)States that the Legislature occupies the whole field of 
            regulation of the manufacture, sale, or possession of 
            imitation firearms, as specified, and that section shall 
            preempt and be exclusive of all regulations relating to the 
            manufacture, sale, or possession of imitation firearms, 
            including regulations governing the manufacture, sale, or 
            possession of BB devices and air rifles, as specified.  

          4)States that prohibitions on the sale, purchase, manufacture, 
            transportation, receipt or distribution for commercial 
            purposes does not apply to the following devices:

             a)   A nonfiring collector's replica that is historically 
               significant, and is offered for sale in conjunction with a 
               wall plaque or presentation case;

             b)   A BB device; or, 

             c)   A device where the entire exterior surface of the device 
               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.  

          5)Defines a "BB device" as any instrument that expels a 
            projectile, such as a BB or a pellet, not exceeding 6mm 








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            caliber, through the force of air pressure, gas pressure, or 
            spring action, or any spot marker gun.  

          6)States that any person who, for commercial purposes, 
            purchases, sells, manufactures, ships, transports, 
            distributes, or receives, by mail order or in any other 
            manner, an imitation firearm except as authorized by this 
            section shall be liable for a civil fine in an action brought 
            by the city attorney or the district attorney of not more than 
            $10,000 for each violation.  

          7)Authorizes the manufacture, purchase, sale, shipping, 
            transport, distribution, or receipt, by mail or in any other 
            manner, of imitation firearms if the device is manufactured, 
            purchased, sold, shipped, transported, distributed, or 
            received for any of the following purposes:

             a)   Solely for export in interstate or foreign commerce;

             b)   Solely for lawful use in theatrical productions, 
               including motion picture, television, and stage 
               productions;

             c)   For use in a certified or regulated sporting event or 
               competition; 

             d)   For use in military or civil defense activities, or 
               ceremonial activities; or, 

             e)   For public displays authorized by public or private 
               schools.  

          8)States that the sale of a BB device to a minor is a 
            misdemeanor.  

          9)States that furnishing a BB device to a minor, including 
            loaning or transfer without a sale, is a misdemeanor.  

          10)States that any person who, for commercial purposes, 
            purchases, sells, manufacturers, ships, transports, 
            distributes, or receives a firearm, where the coloration of 
            the entire exterior surface of the firearm is bright orange or 
            bright green, either singly, in combination, or as the 
            predominant color in combination with other colors in any 








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            pattern, is liable for a civil fine in an action brought by 
            the city attorney of the city or the district attorney for the 
            county of not more than $10,000.  

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  According to the author, "SB 1315 was introduced at 
          the request of Los Angeles Police Chief Charlie Beck in order to 
          protect Californians, especially law enforcement officers, from 
          the dangers caused by imitation firearms.  Every day the men and 
          women who serve as law enforcement officers must make split 
          second decisions to determine if it is appropriate to use deadly 
          force to protect our communities.

          "This quick and life changing decision is made even more 
          difficult given that these fake guns look exactly like real 
          firearms.  Accidental shootings, especially the shootings of 
          minors and young adults, by law enforcement officers and others 
          is tragic.  

          "You may recall SB 798, a bill that was passed by this 
          legislative body last year and proposed that BB guns adhere to 
          the same laws and regulations set forth for imitation firearms.  
          This bill (SB 1315) provides a narrow approach to this 
          outstanding problem by exempting cities in LA County from a 
          current State preemption that prevents cities from adopting 
          ordinances related to imitation firearms. This bill would simply 
          allow cities within LA County to enact and enforce ordinances 
          that will ensure the safety of our men and women in uniform as 
          they relate to these imitation guns.  This bill is supported by 
          Los Angeles County Sherriff Leroy Baca, Los Angeles Mayor 
          Antonio Villaraigosa."  
           
          Please see the policy committee analysis for a full discussion 
          of this bill.


           Analysis Prepared by  :    Milena Blake / PUB. S. / (916) 319-3744 



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