BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1315| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1315 Author: De León (D) Amended: 03/29/12 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 04/17/12 AYES: Hancock, Calderon, Liu, Price, Steinberg NOES: Anderson, Harman SUBJECT : Imitation firearms: Los Angeles exemption SOURCE : Los Angeles Police Chief DIGEST : This bill 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 of Los Angeles, 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 16 millimeters in diameter. 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 CONTINUED SB 1315 Page 2 circumference of the barrel from the muzzle end for a depth of at least 6 millimeters, unless exempted, as specified. (15 United States Code Section 5001, 15 Code of Federal Regulations Sections 1150.2, 1150.3.) 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." (15 United States Code Section 5001(c).) Existing law provides that by the enforcement of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, 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, as defined. (Gov. Code Section 53071.5.) Existing law 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.) Violations are punishable by a civil fine in an action brought by the city attorney or the district attorney of up to $10,000 for each violation. (Penal Code Section 20165.) Existing law 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, etc., "imitation firearm" does not include any of the following: 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. 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 CONTINUED SB 1315 Page 3 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. (Penal Code Section 16700.) Existing law defines "BB device" as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. (Penal Code Section 16250.) Existing law provides that sale of any BB device to a minor is a misdemeanor, punishable by up to 6 months in county jail, a fine of up to $1,000, or both. (Penal Code Section 19910.) Existing law 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 6 months in county jail, a fine of up to $1,000, or both. (Penal Code Section 19915.) Existing law provides that any person who changes, alters, removes, or obliterates any coloration or markings that are required by any applicable state or federal law or regulation for any imitation firearm in a way that makes the imitation firearm or device look more like a firearm, is guilty of a misdemeanor. This section does not apply to a manufacturer, importer, or distributor of imitation firearms. This section does not apply to lawful use in theatrical productions, including motion pictures, television, and stage productions. (Penal Code Section 20150.) Existing law provides that any imitation firearm manufactured after July 1, 2005, shall, at the time of offer for sale in this state, be accompanied by a conspicuous advisory in writing as part of the packaging, but not necessarily affixed to the imitation firearm, to CONTINUED SB 1315 Page 4 the effect that the product may be mistaken for a firearm by law enforcement officers or others, that altering the coloration or markings required by state or federal law or regulations so as to make the product look more like a firearm is dangerous, and may be a crime, and that brandishing or displaying the product in public may cause confusion and may be a crime. Any manufacturer, importer, or distributor that fails to comply with this advisory for any imitation firearm manufactured after July 1, 2005, shall be liable for a civil fine for each action brought by a city attorney or district attorney of not more than one thousand dollars ($1,000) for the first action, five thousand dollars ($5,000) for the second action, and ten thousand dollars ($10,000) for the third action and each subsequent action. (Penal Code Section 20160.) Existing law provides that no person may openly display or expose any imitation firearm in a public place, as defined. (Penal Code Section 20170.) 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. (Penal Code Section 20180.) Existing law provides that every person who, except in self-defense, draws or exhibits an imitation firearm, as defined, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days. (Penal Code Section 417.4.) Existing law provides that possession of an imitation firearm while on school grounds, while going to or coming from school, during the lunch period whether on or off the campus, during, or while going to or coming from a school sponsored activity, or if the possession is otherwise related to school activity or school attendance, is grounds for expulsion. (Education Code Section 48900(m).) This bill provides that, notwithstanding the general state CONTINUED SB 1315 Page 5 preemption of the field regarding the regulation of imitation firearms, the County of Los Angeles, and any city within the County of Los Angeles, would be permitted 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 16 millimeters in diameter. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/19/12) Los Angeles Police Chief (source) Mayor of Los Angeles OPPOSITION : (Verified 4/19/12) Airsoft Safety Foundation Animal Pest Management Services, Inc. California Association of Firearms Retailers California Rifle and Pistol Association California Sportsman's Lobby National Rifle Association National Shooting Sports Foundation; Outdoor Sportsman's Coalition of California; Safari Club International ARGUMENTS IN SUPPORT : The Mayor of Los Angeles states in support: Currently, local governments are preempted by the Legislature from regulating imitation firearms. This lack of local regulation has created a public safety concern. Given their stunning resemblance to firearms, these devices have been involved in the accidental shootings of youth by law enforcement officers. We must aid our officers in discerning these devices from real firearms by regulating imitation firearms. Moreover, the safety of our youth who unwittingly point these devices at law enforcement CONTINUED SB 1315 Page 6 officers is at issue. We must work to eliminate these tragic circumstances involving the youth within our cities. The passage of SB 1315 will provide for the City of Los Angeles to enact regulations that will aid the LAPD to clearly distinguish an imitation gun from a real firearm. ARGUMENTS IN OPPOSITION : Airsoft Safety Foundation states in opposition: If paintball gun owners comply with existing state imitation firearm laws applying to BB devices, there should be few, if any problems with paintball gun possession and use at the local level. The problem is failure to comply with current state laws, not a need for more laws at the local level. State BB device laws are generally adequate, but if revisions are needed they should be made at the state level, not by local government. Since paintball guns may be transported through several jurisdictions while traveling from a person's home to a place where they may be used, such as a paintball shooting facility, statewide uniformity of laws is necessary. If each local jurisdiction has its own laws, a person could easily and unknowingly be in an out of compliance while enroute. RJG:nl 4/19/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED