SB 199, as amended, De León. BB devices.
Existing law prohibits a person from furnishing a BB device, defined to include a spot marker gun, to a minor without the permission of the minor’s parent or guardian, and prohibits selling a BB device to a minor. Violation of either of these prohibitions is a crime. Existing law defines a BB device as any instrument that expels a projectile, such as a BB or pellet, that does not exceed 6 millimeters in caliber.
This bill would delete the 6 millimeter restriction from the definition of a BB device. By including a device that expels a BB or pellet that exceeds 6 millimeters in caliber within the definition of a BB device, this bill would expand the scope of existing crimes, and impose a state-mandated local program.
Existing law generally prohibits anyone from purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm. A person is liable for a civil fine of not more than $10,000 for a violation of this prohibition. Existing law excludesbegin insert allend insert BB devices from the definition of imitation firearm for these purposes.
This bill wouldbegin delete includeend deletebegin insert makeend insert BB devicesbegin delete within the definition of imitation firearm for purposes ofend deletebegin insert that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber subject toend insert that
prohibition,begin delete butend deletebegin insert andend insert would exclude spot marker guns that expel a projectile largerbegin delete thatend deletebegin insert thanend insert 10 millimeters in caliberbegin insert from the prohibitionend insert.
Existing law, for purposes of regulating imitation firearms, adopts coloration and construction schemes prescribed by federal law. Existing law includes a cross-reference to those federal provisions.
This bill would delete thebegin delete federal provisionend delete
cross-referencebegin insert to the federal provisionsend insert.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16250 of the Penal Code is amended to
2read:
As used in this part, “BB device” means any instrument
4that expels a projectile, such as a BB or a pellet, through the force
5of air pressure, gas pressure, or spring action, or any spot marker
6gun.
Section 16700 of the Penal Code is amended to read:
(a) As used in this part, “imitation firearm” means any
9BB device, toy gun, replica of a firearm, or other device that is so
10substantially similar in coloration and overall appearance to an
11existing firearm as to lead a reasonable person to perceive that the
12device is a firearm.
13(b) As used in Section 20165, “imitation firearm” does not
14include any of the following:
15(1) A nonfiring collector’s replica that is historically significant,
16and is offered for sale in conjunction with a wall plaque or
17presentation case.
18(2) A spot marker gun which expels a projectile that is
greater
19than 10mm caliber.
20(3) A BB device that expels a projectile, such as a BB or pellet,
21that is other than 6 mm or 8 mm caliber.
22(3)
end delete
P3 1begin insert(4)end insert A device where the entire exterior surface of the device is
2white, bright red, bright orange, bright yellow, bright green, bright
3blue, bright pink, or bright purple, either singly or as the
4predominant color in combination with other colors in any pattern,
5or where the entire device is constructed of transparent or
6translucent
materials which permits unmistakable observation of
7the device’s complete contents.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
O
97