BILL NUMBER: AB 1196	CHAPTERED  07/06/07

	CHAPTER  30
	FILED WITH SECRETARY OF STATE  JULY 6, 2007
	APPROVED BY GOVERNOR  JULY 6, 2007
	PASSED THE SENATE  JUNE 28, 2007
	PASSED THE ASSEMBLY  MAY 10, 2007

INTRODUCED BY   Assembly Member Gaines

                        FEBRUARY 23, 2007

   An act to add Section 12751 to the Health and Safety Code,
relating to flamethrowing devices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1196, Gaines. Flamethrowing devices.
   Existing law requires the State Fire Marshal to adopt regulations
governing the possession and use of flamethrowing devices. Existing
law prohibits the use or possession of a flamethrowing device without
a valid permit issued by the State Fire Marshal and provides that a
violation of these provisions is a crime, as specified. Under
existing law, the State Fire Marshal is authorized to impose fees in
amounts sufficient to cover the costs incurred in the administration
and enforcement of these provisions.
   This bill would provide that these provisions shall not apply to
the sale, purchase, possession, transportation, storage, or use of a
flamethrowing device that is used in fire suppression by a person who
is regularly employed by or a paid officer, employee, or member of a
fire department, fire protection district, or firefighting agency,
as specified, while on duty and acting within the course and scope of
his or her employment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12751 is added to the Health and Safety Code,
to read:
   12751.  This part shall not apply to the sale, purchase,
possession, transportation, storage, or use of a flamethrowing device
by a person if all of the following apply:
   (a) The person is regularly employed by or a paid officer,
employee, or member of a fire department, fire protection district,
or firefighting agency of the federal government, the state, a city,
a county, a city and county, district, public or municipal
corporation, or political subdivision of this state.
   (b) The person is on duty and acting within the course and scope
of his or her employment.
   (c) The flamethrowing device is used by the fire department, fire
protection district, or firefighting agency described in subdivision
(a) in the course of fire suppression.