BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1315|
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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
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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
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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
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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
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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 4/24/12)
Los Angeles Police Chief (source)
Mayor of Los Angeles
OPPOSITION : (Verified 4/24/12)
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
S/R Industries, Inc.
Safari Club International
UMAREX USA
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
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these devices from real firearms by regulating
imitation firearms. Moreover, the safety of our youth
who unwittingly point these devices at law enforcement
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 4/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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