BILL NUMBER: SB 1315	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator De León

                        FEBRUARY 23, 2012

   An act to amend Section 53071.5 of the Government Code, relating
to imitation firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1315, as amended, De León. Imitation firearms: regulation:
County of Los Angeles.
   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 
 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  .
   This bill would provide an exception to those provisions by
authorizing the County of Los Angeles, or any city within the County
of Los Angeles, to enact and enforce an ordinance or resolution
 regulating the manufacture, sale, possession, or use of a
spot marker gun that expels a projectile larger than 16mm 
 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 in coloration and overall appearance to an existing firearm
as to lead a reasonable person to perceive that the device is a
firearm and that expels a projectile that is no more than 16
millimeters in diameter .
   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 is amended to
read:
   53071.5.  (a) By the enactment of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in subdivision (a) of
Section 16700 of the Penal Code, and that subdivision 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 described in Section 16250 of the Penal Code.
   (b) Notwithstanding subdivision (a), the County of Los Angeles,
and any city within the County of Los Angeles, may enact and enforce
an ordinance or resolution  regulating the manufacture, sale,
possession, or use of a spot marker gun that expels a projectile
larger than 16mm.   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 requirements:  
   (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.  
   (2) The device expels a projectile that is no more than 16
millimeters in diameter.