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 wouldbegin insert, commencing January 1, 2016,end insert 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 excludes all BB devices from the definition of imitation firearm for these purposes.
This bill wouldbegin insert, commencing January 1, 2016,end insert make BB devices that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber subject to that prohibitionbegin insert unless the devices meet specified coloration requirementsend insert, and would exclude spot marker guns that expel a projectile larger than 10 millimeters in caliber from the prohibition.
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 the cross-reference to the federal provisions.
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:
begin insertSection 16250 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
begin insert(a)end insertbegin insert end insertAs used in this part, “BB device” means any
4instrument that expels a projectile, such as a BB or a pellet, not
5exceeding 6mm caliber, through the force of air pressure, gas
6pressure, or spring action, or any spot marker gun.
7(b) This section shall remain in effect only until January 1, 2016,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 16250 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) As used in this part, “BB device” means any
12instrument that expels a projectile, such as a BB or a pellet,
13through the force of air pressure, gas pressure, or spring action,
14or any spot marker gun.
15(b) This section shall be operative on January 1, 2016.
begin insertSection 16700 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) As used in this part, “imitation firearm” means any
18BB device, toy gun, replica of a firearm, or other device that is so
19substantially similar in coloration and overall appearance to an
P3 1existing firearm as to lead a reasonable person to perceive that the
2device is a firearm.
3(b) As used in Section 20165, “imitation firearm” does not
4include any of the following:
5(1) A nonfiring collector’s replica that is historically significant,
6and is offered for sale in conjunction with a wall plaque or
7presentation case.
8(2) A BB device.
9(3) A device where the entire exterior
surface of the device is
10white, bright red, bright orange, bright yellow, bright green, bright
11blue, bright pink, or bright purple, either singly or as the
12predominant color in combination with other colors in any pattern,
13as provided by federal regulations governing imitation firearms,
14or where the entire device is constructed of transparent or
15translucent materials which permits unmistakable observation of
16the device’s complete contents, as provided by federal regulations
17governing imitation firearms.
18(c) This section shall remain in effect only until January 1, 2016,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 16700 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) As used in this part, “imitation firearm” means
23any BB device, toy gun, replica of a firearm, or other device that
24is so substantially similar in coloration and overall appearance
25to an existing firearm as to lead a reasonable person to perceive
26that the device is a firearm.
27(b) As used in Section 20165, “imitation firearm” does not
28include any of the following:
29(1) A nonfiring collector’s replica that is historically significant,
30and is offered for sale in conjunction with a wall plaque or
31presentation case.
32(2) A spot marker gun which expels a projectile that is greater
33than 10mm caliber.
34(3) A BB device that expels a projectile, such as a BB or pellet,
35that is other than 6 mm or 8 mm caliber.
36(4) A BB device that is an airsoft gun that expels a projectile,
37such as a BB or pellet, that is 6 mm or 8 mm caliber which meets
38the following:
39(A) If the airsoft gun is configured as a handgun, in addition to
40the blaze orange ring on the barrel required by federal law, the
P4 1airsoft gun has a trigger guard that has fluorescent coloration
2over the entire guard, and there is a two centimeter wide adhesive
3band around the circumference of the protruding pistol grip that
4has fluorescent coloration.
5(B) If the airsoft gun is configured as a rifle or long gun, in
6addition to the blaze orange ring on the barrel required by federal
7law, the airsoft gun has a
trigger guard that has fluorescent
8coloration over the entire guard, and there is a two centimeter
9wide adhesive band with fluorescent coloring around the
10circumference of any two of the following:
11(i) The protruding pistol grip.
12(ii) The buttstock.
13(iii) A protruding ammunition magazine or clip.
14(5) A device where the entire exterior surface of the device is
15white, bright red, bright orange, bright yellow, bright green, bright
16blue, bright pink, or bright purple, either singly or as the
17predominant color in combination with other colors in any pattern,
18or where the entire device is constructed of transparent or
19translucent materials which permits unmistakable observation of
20the device’s complete contents.
21(c) The adhesive bands described in paragraph (4) of
22subdivision (b) shall be applied in a manner not intended for
23removal, and shall be in place on the airsoft gun prior to sale to
24a customer.
25(d) This section shall be operative on January 1, 2016.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
Section 16250 of the Penal Code is amended to
36read:
As used in this part, “BB device” means any instrument
38that expels a projectile, such as a BB or a pellet, through the force
39of air pressure, gas pressure, or spring action, or any spot marker
40gun.
Section 16700 of the Penal Code is amended to read:
(a) As used in this part, “imitation firearm” means any
3BB device, toy gun, replica of a firearm, or other device that is so
4substantially similar in coloration and overall appearance to an
5existing firearm as to lead a reasonable person to perceive that the
6device is a firearm.
7(b) As used in Section 20165, “imitation firearm” does not
8include any of the following:
9(1) A nonfiring collector’s replica that is historically significant,
10and is offered for sale in conjunction with a wall plaque or
11presentation case.
12(2) A spot marker gun which expels a projectile
that is greater
13than 10mm caliber.
14(3) A BB device that expels a projectile, such as a BB or pellet,
15that is other than 6 mm or 8 mm caliber.
16(4) A device where the entire exterior surface of the device is
17white, bright red, bright orange, bright yellow, bright green, bright
18blue, bright pink, or bright purple, either singly or as the
19predominant color in combination with other colors in any pattern,
20or where the entire device is constructed of transparent or
21translucent materials which permits unmistakable observation of
22the device’s complete contents.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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