BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 199|
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UNFINISHED BUSINESS
Bill No: SB 199
Author: De León (D), Evans (D), Wolk (D), et al.
Amended: 8/22/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 1/14/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NOES: Knight
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-1, 1/23/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
SENATE FLOOR : 23-8, 1/28/14
AYES: Beall, Block, Corbett, Correa, De León, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Jackson, Lara,
Leno, Liu, Mitchell, Monning, Padilla, Pavley, Steinberg,
Torres, Wolk, Yee
NOES: Anderson, Berryhill, Cannella, Fuller, Huff, Knight,
Vidak, Wyland
NO VOTE RECORDED: Calderon, Gaines, Hueso, Lieu, Nielsen, Roth,
Walters, Wright, Vacancy
ASSEMBLY FLOOR : 43-34, 8/26/14 - See last page for vote
SUBJECT : BB devices
SOURCE : Author
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DIGEST : This bill, beginning January 1, 2016, requires
airsoft guns that expel a projectile, such as a BB or a pellet,
that is six millimeters (mm) or 8mm, in addition to the blaze
orange ring on the barrel as required by federal law, to have
fluorescent coloration over the entire trigger guard and a
fluorescent adhesive band on the airsoft gun prior to sale to a
customer, as specified.
Assembly Amendments exempt guns that use anything other than 6mm
and 8mm, and delay the implementation of the bill until January
2016.
ANALYSIS : Existing federal law 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 6mm.
This requirement does not apply to "traditional B-B, paint-ball,
or pellet-firing air guns that expel a projectile through the
force of air pressure."
Existing state law:
1. Prohibits, subject to specific exceptions, purchase, sale,
manufacture, shipping, transport, distribution, or receipt,
by mail order or in any other manner, of an imitation
firearm. Manufacture for export is permitted.
2. Defines "imitation firearm" for most purposes to mean 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. However,
for purposes of the prohibition on commercial manufacture,
sale, etcetera, "imitation firearm" does not include:
A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a
wall plaque or presentation case.
A BB device.
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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.
1. Provides that every person who furnishes any BB device to
any minor, without the express or implied permission of a
parent or legal guardian of the minor, is guilty of a
misdemeanor, punishable by up to six months in county jail, a
fine of up to $1,000, or both.
2. Provides that no person may openly display or expose any
imitation firearm in a public place, as defined. A violation
is an infraction punishable by a fine of $100 for the first
offense, and $300 for a second offense. A third or
subsequent violation is punishable as a misdemeanor.
This bill:
1. Specifies that for purposes of the prohibition on the
purchase, sale, manufacture, and distribution of imitation
firearms, the term "imitation firearm" does not include a BB
device that expels a projectile, such as a BB or a pellet,
unless the BB or pellet is 6mm or 8mm in caliber.
2. Excludes spot marker guns that expel a projectile that is
greater than 10mm in caliber from the prohibition.
3. Excludes BB devices that expel a projectile, such as a BB or
pellet, that is other than 6mm or 8mm in caliber.
4. Removes the 6mm restriction from the definition of a BB
device.
5. Deletes reference to federal regulations governing imitation
firearms in existing provisions of law related to imitation
firearms.
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6. Creates the following coloration scheme for airsoft guns
that expel a projectile, such as a BB or pellet, that is 6mm
or 8mm:
A. If the airsoft gun is configured as a handgun, in
addition to the blaze orange ring on the barrel required
by federal law, the airsoft gun must have fluorescent
coloration over the entire trigger guard, and a two
centimeter wide adhesive band around the circumference of
the protruding pistol grip.
B. If the airsoft gun is configured as a rifle or long
gun, in addition to the blaze orange ring on the barrel as
required by federal law, the airsoft gun must have a
fluorescent coloration over the entire trigger guard, and
a two centimeter wide adhesive band with fluorescent
coloring around the circumference of any two of the
following:
(1) The protruding pistol grip;
(2) The buttstock; or
(3) A protruding ammunition magazine or clip.
1. Specifies that the adhesive bands described above shall be
applied in a manner not intended for removal, and shall be in
place on the airsoft gun prior to sale to a customer.
2. Delays implementation of these provisions until January 1,
2016.
Prior Legislation
SB 798 (De León, 2011) would have made the provision imposing a
civil fine on the sale, manufacture, transportation, receipt, or
distribution of imitation firearms for commercial purposes
applicable to BB devices. The bill was later amended to remove
the state preemption of any local ordinances regarding the
manufacture, sale, or possession of imitation firearms, BB
devices, and air rifles. The bill failed passage in the
Assembly Public Safety Committee.
AB 2333 (Solorio, 2012) would have authorized local law
enforcement to issue a warning or impose a $100 fine on a parent
when his/her child openly displays or exposes a BB device in a
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public place, as specified. The bill was vetoed by Governor
Brown.
SB 1315 (De León, Chapter 214, Statutes of 2012) creates an
exemption from the general state preemption of the field
regarding the regulation of imitation firearms, to allow the
County of Los Angeles, and any city within the 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 is so substantially similar to an existing firearm
as to lead a reasonable person to perceive that the device is a
firearm and expels a projectile that is no more than 16mm in
diameter.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Non-reimbursable local enforcement costs offset to a degree by
fine revenue to the extent the restrictions on the sale and
manufacture of imitation firearms to include BB devices result
in increased violations of existing law related to imitation
firearms.
Potential near-term loss of sales tax revenue of $40,000
(General Fund) for every $1 million in annual BB device sales
impacted in California to the extent the restrictions on the
purchase, sale, and manufacture of imitation firearms result
in reduced sales of BB devices. Future year impact could be
somewhat mitigated to the extent consumers shift to purchases
of alternative devices.
Potential court-related costs (General Fund*) for additional
misdemeanor and/or civil court filings resulting from
increased violations of law pertaining to imitation firearms.
While the impact of this bill independently on local jails is
likely to be minor, the cumulative effect of expanded
misdemeanors could create General Fund cost pressure on
capital outlay, staffing, programming, the courts, and other
resources in the context of criminal justice realignment.
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Potential future cost savings in medical, emergency services,
administrative and criminal justice costs to the extent the
provisions of this bill reduce the incidence of
firearms-related injuries and death.
*Trial Court Trust Fund
SUPPORT : (Verified 8/26/14)
City of Los Angeles
International Health & Epidemiology Research Center
Los Angeles Airport Peace Officers Association
Los Angeles Police Department Chief Charlie Beck
Sonoma County District Attorney Jill Ravitch
Sonoma County Sheriff Steve Freitas
OPPOSITION : (Verified 8/26/14)
Animal Pest Management Services, Inc.
California Association of Firearms Retailers
National Shooting Sports Foundation, Inc.
Outdoors Sportsmen's Coalition of California
Safari Club International
The California Sportsman's Lobby
ARGUMENTS IN SUPPORT : According to the Los Angeles Airport
Peace Officers Association:
Imitation guns are deliberately fabricated to be
indistinguishable from real firearms. Law enforcement
officers have extreme difficulty distinguishing these fake
guns from lethal weapons, particularly when officers must
react within seconds to emergency situations. One of the
primary dangers posed by replicas is that such guns are used
by children and young adults who may not comprehend the
seriousness of displaying them around unsuspecting law
enforcements officers or around armed individuals. As a
result, officers and community residents can find themselves
in precarious situations when unable to distinguish replica
guns from handguns and assault weapons.
On October 22, 2013, a thirteen-year-old boy from Santa Rosa
was tragically shot and killed by Sonoma County deputies who
mistook the plastic airsoft gun he was carrying for an actual
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AK-47. This tragedy is neither new nor uncommon. A 1990
study commissioned by the Department of Justice found that
there are well over 200 incidents per year in which imitation
guns are mistaken for real firearms.
ARGUMENTS IN OPPOSITION : According to the National Shooting
Sports Foundation, Inc. (NSSF):
NSSF opposes the intervention of government at any level in
the free marketplace by the artificial creation of a
competitive advantage for the manufacturers of one product
over the manufacturers of another product in the same product
category. This is interference in commerce and, in the case
of paintball guns and other BB devices; it is interference in
interstate commerce. Most BB devices are manufactured outside
of California.
It is important to NSSF members that California's BB device
laws be consistent with federal law. The proposed coloration
of BB guns and pellet guns in
SB 199 is in direct conflict with federal law, and it is
strongly opposed.
BB devices are widely used to train new shooters in the safe
use and handling of firearms. Most new shooters do not shoot
a real firearm until after they have been trained with a BB
device. SB 199 could result in many of the most popular
training devices being no longer available in California for
this purpose.
ASSEMBLY FLOOR : 43-34, 8/26/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,
Dababneh, Daly, Dickinson, Fong, Frazier, Garcia, Gomez,
Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer,
Levine, Lowenthal, Mullin, Muratsuchi, Nazarian, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,
Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada,
Atkins
NOES: Achadjian, Allen, Bigelow, Brown, Chávez, Conway, Cooley,
Dahle, Donnelly, Eggman, Fox, Beth Gaines, Gatto, Gorell,
Gray, Grove, Hagman, Harkey, Jones, Linder, Logue,
Maienschein, Mansoor, Medina, Melendez, Nestande, Olsen,
Patterson, Perea, John A. Pérez, Salas, Wagner, Waldron, Wilk
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NO VOTE RECORDED: Hall, Pan, Vacancy
JG:kd 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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