BILL NUMBER: SB 798	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2011
	AMENDED IN ASSEMBLY  JUNE 29, 2011
	AMENDED IN ASSEMBLY  JUNE 13, 2011
	AMENDED IN SENATE  APRIL 13, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 18, 2011

   An act to repeal  and add  Section 53071.5 of the
Government Code, relating to imitation firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, as amended, De León.  BB devices: imitation
firearms.   Imitation firearms: regulation. 
   Existing law provides that the Legislature occupies the whole
field of regulation of the manufacture, sale, or possession of
imitation firearms, as defined, and that those provisions 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.  Existing law defines
"imitation firearm" to include a "BB device" and defines a "BB
device," for specified purposes, to include any spot marker gun.

   This bill would  repeal   narrow  those
 preemption  provisions  to instead provide that it is
the intent of the Legislature to occupy   the entire field
of regulation of spot marker guns which expel a projectile larger
than 16mm, and that no city, county, city and county, or other local
government entity may enact any ordinance or resolution prohibiting
or regulating the manufacture, sale, possession, or use of any spot
marker gun which expels a projectile larger than 16mm  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 53071.5 of the Government Code, as amended by
Section 1 of Chapter 607 of the Statutes of 2004, is repealed.
  SEC. 2.  Section 53071.5 of the Government Code, as amended by
Section 35 of Chapter 178 of the Statutes of 2010, is repealed.
   SEC. 3.    Section 53071.5 is added to the  
Government Code   , to read:  
   53071.5.  It is the intent of the Legislature to occupy the entire
field of regulation of spot marker guns that expel a projectile
larger than 16mm. No city, county, city and county, or other local
government entity may enact or enforce any ordinance or resolution
prohibiting or regulating the manufacture, sale, possession, or use
of any spot marker gun which expels a projectile larger than 16mm.