BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 199| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 199 Author: De León (D), Evans (D), Wolk (D), et al. Amended: 1/6/14 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-1, 1/14/14 AYES: Hancock, De León, Liu, Mitchell, Steinberg NOES: Knight NO VOTE RECORDED: Anderson SENATE APPROPRIATIONS COMMITTEE : 5-1, 1/23/14 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Gaines NO VOTE RECORDED: Walters SUBJECT : BB devices SOURCE : Author DIGEST : This bill prohibits the sale of BB devices in California unless the entire exterior surface of the device is brightly colored or the device is transparent, as specified. 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 circumference of the barrel from the muzzle end for a depth of at least six millimeters. This requirement does not apply to "traditional CONTINUED SB 199 Page 2 B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure." Existing state law: 1.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. 2.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, etcetera, "imitation firearm" does not include: 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 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. 1.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 six months in county jail, a fine of up to $1,000, or both. 2.Provides that no person may openly display or expose any imitation firearm in a public place, as defined. A violation is an infraction punishable by a fine of $100 for the first CONTINUED SB 199 Page 3 offense, and $300 for a second offense. A third or subsequent violation is punishable as a misdemeanor. This bill: 1.Includes BB devices within the definition of "imitation firearm" for purposes of the prohibition of the purchase, sale, manufacture, and distribution of imitation firearms, but exclude spot marker guns that expel a projectile larger than 10 millimeters in caliber. 2.Specifies that BB devices are subject to specified requirements, which require all BB devices sold, or manufactured for sale in California be either: (a) white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or, (b) constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents. 3.Deletes the six millimeter caliber restriction on the projectile size from the definition of a BB device. Prior Legislation SB 798 (De León, 2011) would have made the provision imposing a civil fine on the sale, manufacture, transportation, receipt, or distribution of imitation firearms for commercial purposes applicable to BB devices. The bill was later amended to remove the state preemption of any local ordinances regarding the manufacture, sale, or possession of imitation firearms, BB devices, and air rifles. The bill failed passage in the Assembly Public Safety Committee. AB 2333 (Solorio, 2012) would have authorized local law enforcement to issue a warning or impose a $100 fine on a parent when his/her child openly displays or exposes a BB device in a public place, as specified. The bill was vetoed by Governor Brown. SB 1315 (De León, Chapter 214, Statutes of 2012) creates an exemption from the general state preemption of the field regarding the regulation of imitation firearms, to allow the CONTINUED SB 199 Page 4 County of Los Angeles, and any city within the County, 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.: Yes Local: Yes According to the Senate Appropriations Committee: Non-reimbursable local enforcement costs offset to a degree by fine revenue to the extent the restrictions on the sale and manufacture of imitation firearms to include BB devices result in increased violations of existing law related to imitation firearms. Potential near-term loss of sales tax revenue of $40,000 (General Fund) for every $1 million in annual BB device sales impacted in California to the extent the restrictions on the purchase, sale, and manufacture of imitation firearms result in reduced sales of BB devices. Future year impact could be somewhat mitigated to the extent consumers shift to purchases of alternative devices. Potential court-related costs (General Fund*) for additional misdemeanor and/or civil court filings resulting from increased violations of law pertaining to imitation firearms. While the impact of this bill independently on local jails is likely to be minor, the cumulative effect of expanded misdemeanors could create General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources in the context of criminal justice realignment. Potential future cost savings in medical, emergency services, administrative and criminal justice costs to the extent the provisions of this bill reduce the incidence of firearms-related injuries and death. *Trial Court Trust Fund CONTINUED SB 199 Page 5 SUPPORT : (Verified 1/23/14) City of Los Angeles Sonoma County District Attorney, Jill Ravitch Sonoma County Sheriff, Steve Freitas OPPOSITION : (Verified 1/23/14) Airsoft Safety Foundation Animal Pest Management Services, Inc. California Association of Firearms Retailers National Shooting Sports Foundation, Inc. Outdoors Sportsmen's Coalition of California Safari Club International The California Sportsman's Lobby ARGUMENTS IN SUPPORT : According to the Los Angeles Airport Peace Officers Association: Imitation guns are deliberately fabricated to be indistinguishable from real firearms. Law enforcement officers have extreme difficulty distinguishing these fake guns from lethal weapons, particularly when officers must react within seconds to emergency situations. One of the primary dangers posed by replicas is that such guns are used by children and young adults who may not comprehend the seriousness of displaying them around unsuspecting law enforcements officers or around armed individuals. As a result, officers and community residents can find themselves in precarious situations when unable to distinguish replica guns from handguns and assault weapons. On October 22, 2013, a thirteen-year-old boy from Santa Rosa was tragically shot and killed by Sonoma County deputies who mistook the plastic airsoft gun he was carrying for an actual AK-47. This tragedy is neither new nor uncommon. A 1990 study commissioned by the Department of Justice found that there are well over 200 incidents per year in which imitation guns are mistaken for real firearms. By requiring that all BB guns and pellet guns be made in distinguishably bright colors, SB 199 takes a reasonable approach to protect both community residents and police CONTINUED SB 199 Page 6 officers. ARGUMENTS IN OPPOSITION : According to the National Shooting Sports Foundation, Inc. (NSSF): NSSF opposes the intervention of government at any level in the free marketplace by the artificial creation of a competitive advantage for the manufacturers of one product over the manufacturers of another product in the same product category. This is interference in commerce and, in the case of paintball guns and other BB devices; it is interference in interstate commerce. Most BB devices are manufactured outside of California. It is important to NSSF members that California's BB device laws be consistent with federal law. The proposed coloration of BB guns and pellet guns in SB 199 is in direct conflict with federal law, and it is strongly opposed. BB devices are widely used to train new shooters in the safe use and handling of firearms. Most new shooters do not shoot a real firearm until after they have been trained with a BB device. SB 199 could result in many of the most popular training devices being no longer available in California for this purpose. Manufacturers cannot violate federal law in order to be in compliance with conflicting, federally preempted state law. NSSF believes that California's existing BB device laws are adequate. SB 199 would not improve public safety, but it would result in costly litigation over conflicts of state law with preemptive federal law. JG:k 1/24/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 199 Page 7 CONTINUED