BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 199
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          Date of Hearing:   June 24, 2014
          Counsel:                Stella Choe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   SB 199 (De León) - As Amended:  January 6, 2014


           SUMMARY  :   Prohibits the sale or manufacture of BB devices, as  
          defined, unless the entire exterior surface of the device is  
          brightly colored or transparent, as specified.  Specifically,  
           this bill  :   

          1)Includes BB devices within the definition of "imitation  
            firearm" for purposes of the prohibition on the purchase,  
            sale, manufacture, and distribution of imitation firearms.  

          2)Excludes spot marker guns that expel a projectile larger than  
            10 millimeters in caliber.

          3)Removes the 6 millimeter restriction from the definition of a  
            BB device.

          4)Deletes reference to federal regulations governing imitation  
            firearms in existing provisions of law related to imitation  
            firearms.

           EXISTING FEDERAL LAW  :

          1)States that no person shall manufacture, enter into commerce,  
            ship, transport, or receive any toy, look-alike, or imitation  
            firearm unless such firearm contains, or has permanently  
            affixed to it a blaze orange plug inserted in the barrel of  
            such toy, look-alike, or imitation firearm. Such plug shall be  
            recessed no more than 6 millimeters from the muzzle end of the  
            barrel of such firearm.  (15 U.S.C. § 5001, subds. (a) & (b).)

          2)Provides that the term "look-alike firearm" means any  
            imitation of any original firearm which was manufactured,  
            designed, and produced since 1898, including and limited to  
            toy guns, water guns, replica nonguns, and air-soft guns  
            firing nonmetallic projectiles.  The term "look-alike firearm"  
            does not include traditional BB, paint-ball, or pellet-firing  








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            air guns that expel a projectile through the force of air  
            pressure.  (15 U.S.C. § 5001, subd. (c).)

          3)States that the provisions of this section shall supersede any  
            provision of State or local laws or ordinances which provide  
            for markings or identification inconsistent with provisions of  
            this section provided that no State shall (15 U.S.C. § 5001,  
            subd. (g)):

             a)   Prohibit the sale or manufacture of any look-alike,  
               nonfiring, collector replica of an antique firearm  
               developed prior to 1898, or,

             b)   Prohibit the sale (other than prohibiting the sale to  
               minors) of traditional BB, paint ball, or pellet-firing air  
               guns that expel a projectile through the force of air  
               pressure.

          4)Provides that no person shall manufacture, enter into  
            commerce, ship, transport or receive any toy, look-alike, or  
            imitation firearm covered by these regulations, unless such  
            device contains, or has affixed to it, one of the markings set  
            forth in the following section related to approved markings,  
            or unless this prohibition has been waived because the device  
            will be used in the theatrical, movie or television industry,  
            as specified.  (15 C.F.R. § 272.2 (2014).)

          5)Specifies that the prohibition above does not apply to the  
            following (15 C.F.R. § 272.1 (2014)) :

             a)   Non-firing collector replica antique firearms;

             b)   Traditional BB, paint-ball, or pellet-firing air guns  
               that expel a projectile through the force of compressed  
               air, compressed gas, or mechanical spring action, or any  
               combination thereof, as described; or,

             c)   Decorative, ornamental, and miniature objects having the  
               appearance, shape and/or configuration of a firearm,  
               provided that the objects measure no more than 38  
               millimeters in height by 70 millimeters in length,  
               excluding any gun stock length measurement. 

          6)States that the following markings are approved for toy,  
            look-alike, and imitation firearms (15 C.F.R. § 272.3 (2014)):








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             a)   A blaze orange, or brighter orange as specified, solid  
               plug permanently affixed to the muzzle end of the barrel as  
               an integral part of the entire device and recessed no more  
               than 6 millimeters from the muzzle end of the barrel;

             b)   A blaze orange, or brighter orange as specified, marking  
               permanently affixed to the exterior surface of the barrel,  
               covering the circumference of the barrel from the muzzle  
               end for a depth of at least 6 millimeters;

             c)   Construction of the device entirely of transparent or  
               translucent materials which permits unmistakable  
               observation of the device's complete contents; and,

             d)   Coloration of the entire exterior surface of the device  
               in 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.

          7)Provides that the provisions in the federal regulations  
            supersede any provisions of State or local laws or ordinances  
            which provides for markings or identification inconsistent  
            with the federal provisions.  (15 C.F.R. § 272.5 (2014).) 
           
          EXISTING 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.  (Penal Code § 20165.)

          2)Defines "imitation firearm" as 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.  (Pen. Code, § 16700, subd. (a).)

          3)States that an "imitation firearm," for purposes of the  
            prohibition on purchase, sale, manufacture, etc., of an  
            imitation firearm, does not include the following (Pen. Code,  
            § 16700, subd. (b)):

             a)   A nonfiring collector's replica that is historically  








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               significant, and is offered for sale in conjunction with a  
               wall plaque or presentation case;

             b)   A BB device; or,

             c)   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.
              
           4)Defines "BB device" to mean 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.  (Pen. Code, § 16250.)

          5)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.  (Pen. Code, § 19910.)

          6)States 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.  (Pen. Code, § 19915.)

          7)Makes it a misdemeanor, with specified exceptions, for any  
            person to change, alter, remove, or obliterate 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.  (Pen. Code, § 20150.)

          8)Requires any imitation firearm manufactured after July 1,  
            2005, at the time of offer for sale in this state, to be  
            accompanied by a conspicuous advisory in writing as part of  
            the packaging to 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  








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            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. (Pen. Code, § 20160.)

          9)Prohibits any person from openly displaying or exposing any  
            imitation firearm in a public place, as defined.  (Pen. Code,  
            § 20170.)  

          10)Provides that a violation of the above provision 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.  (Pen. Code, §  
            20180.)

          11)States that any 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 § 417.4.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Replica guns  
            are deliberately fabricated to be indistinguishable from real  
            firearms.  Law enforcement officers have extreme difficulty  
            distinguishing these imitation 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. 

            "Unfortunately, because of the strong resemblance to firearms,  
            when officers must make split second decisions on whether or  
            not to use deadly force to protect the public, these replica  
            firearms can trigger tragic consequences.  On October 22,  
            2013, a thirteen-year-old boy from Santa Rosa was tragically  
            shot and killed by Sonoma County deputies who mistook the  








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            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. (Police Executive Research Forum,  
            'Toy Guns:  Involvement in Crime and Encounters with Police,'  
            Bureau of Justice Statistics, Department of Justice, June  
            1990.)  Today, residents and police officers continue to face  
            the threat posed by replica guns that bear far too close of a  
            resemblance to handguns and assault weapons.  By requiring BB  
            guns and pellet guns to adhere to the regulations that govern  
            all other imitation firearms, it will be far easier to  
            identify these replicas for what really are."  

          2)Federal Preemption Issues  :  Article VI of the U.S.  
            Constitution contains the supremacy clause, which provides  
            that the Constitution, and the laws made pursuant to it, are  
            the supreme law of the land.  If there is a conflict between  
            federal and state law, federal law controls and state law is  
            invalidated.  Traditionally, the Supreme Court has identified  
            two major situations where preemption occurs.  One is where  
            federal law expressly preempts state or local law and the  
            other is where preemption is implied by clear congressional  
            intent to preempt state or local law.  (Jones v. Rath Packing  
            Co., (1977) 430 U.S. 519, 525.)  Even if a federal law  
            contains an express preemption clause, it does not immediately  
            end the inquiry because the question of the substance and  
            scope of Congress' displacement of state law still remains.   
            (Freightliner Corp. v. Myrick, (1995) 514 U.S. 280, 287.)
             
             Here, Congress expressly stated, "The provisions of this  
            section shall supersede any provision of State or local laws  
            or ordinances which provide for markings or identification  
            inconsistent with provisions of this section."  (15 U.S.C. §  
            5001, subd. (g).)  The statute also specifies that no state  
            law shall "prohibit the sale (other than prohibiting the sale  
            to minors) of traditional B-B, paint ball, or pellet-firing  
            air guns that expel a projectile through the force of air  
            pressure." (Ibid.)

            There are two separate issues of preemption raised by this  
            bill.  First is whether the requirement to brightly color or  
            make translucent the exterior of imitation firearms is  
            inconsistent with the Federal Toy Gun Law (15 U.S.C. § 5001).   
            These include most toy guns, water guns, and air-soft guns  








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            that are currently subject to the blaze orange plug  
            requirement under the Federal Toy Gun Law.  Traditional BB  
            guns, paint ball guns, and pellet firing air guns are exempt  
            from the blaze orange plug requirement under federal law.

            Although the Federal Toy Gun Law prohibits the manufacture and  
            sale of toy, look-alike or imitation firearms unless the  
            device is affixed with a blaze orange plug recessed no more  
            than 6 millimeters from the muzzle end of the barrel of the  
            device (15 U.S.C. § 5001, subd. (a) & (b), italics added), the  
            federal regulations implementing the federal statute allow  
            other options to comply with the federal law.  15 C.F.R. §  
            272.3 (2014) provides, in addition to the orange plug, other  
            approved markings which include an orange marking permanently  
            affixed to the exterior surface of the barrel, construction of  
            the device entirely of transparent or translucent materials,  
            or coloration of the entire exterior surface of the device in  
            specified colors. 

            This bill would require all imitation firearms to be either  
            brightly colored or made of transparent or translucent  
            materials.  For many imitation firearms, this would be in  
            addition to the blaze orange plug required under federal law.   
            In City of New York v. Job-Lot Pushcart (1996), 88 N.Y.2d 163,  
            the New York State Court of Appeal addressed a local ordinance  
            that is similar to SB 199.  In City of New York v. Job-Lot  
            Pushcart, the City of New York passed an ordinance which  
            prohibited look-alike or imitation firearms unless "the entire  
            exterior surface of such toy or imitation firearm is colored  
            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 such toy or imitation firearm is constructed  
            entirely of transparent or translucent materials which permits  
            unmistakable observation of the imitation or toy firearm's  
            complete contents."  (NYC Administrative Code 10-131.)  A  
            lawsuit challenged the ordinance on preemption grounds.  

            The New York Court of Appeal held that the ordinance was not  
            preempted by the Federal Toy Gun Law.  The court's rationale  
            for this holding is that "it is feasible to make a red or  
            purple toy gun and contains an orange plug, thus satisfying  
            both laws.  Therefore, it is not impossible to comply with  
            both the Federal Toy Gun Law and Administrative Code §  
            10-131(g)."  (City of New York v. Job-Lot Pushcart, supra, 88  








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            N.Y.2d at pg. 170.)  The court went on to state that  
            "compliance with both the Federal and local laws at once  
            furthers the intent of Congress and achieves the public safety  
            objective underlying each measure." (Ibid.) 

            While this case is not binding on California, it is  
            persuasive, which means if this issue were to be litigated in  
            California, the California courts would at least consider the  
            New York Court of Appeal's holding and rationale in City of  
            New York v. Job-Lot Pushcart to determine whether SB 199 is  
            preempted by the Federal Toy Gun Law.  Additionally, SB 199's  
            provisions seems to complement the federal regulations  
            governing approved markings on toy, look-alike or imitation  
            firearms (15 C.F.R. § 272.3 (2014) rather than conflicting  
            with them.  SB 199 provisions mirror two approved markings  
            under the federal regulations, specifically subdivisions (c)  
            and (d) of section 272.3 which allow for the exterior of the  
            device to be made entirely of transparent or translucent  
            materials or brightly colored in specified colors. 

            The second preemption issue raised by this bill is whether  
            applying SB 199's requirements to traditional BB devices,  
            which are exempted under current law, is a prohibition on the  
            sale of these devices, and thereby preempted.  On this issue,  
            there are two court decisions that have interpreted this  
            provision to allow states to regulate traditional BB devices.   
            If a state or local law goes beyond regulation by either  
            prohibiting the sale or placing restrictions that are so  
            substantial as to be a de facto prohibition on the sale, that  
            state or local law is federally preempted.

            An example of de facto prohibition is illustrated in Coalition  
            of New Jersey Sportsmen v. Florio (1990) 744 F.Supp. 602.  In  
            that case, New Jersey enacted a statute banning large capacity  
            magazines and regulating semi-automatic "assault firearms"  
            which, under the broad definition in the statute, included  
            traditional BB devices and air guns.  Under the statute, a  
            person wishing to purchase semi-automatic air rifles  
            classified as "assault firearms" was required to obtain a  
            license.  In order to obtain the license, the applicant was  
            required to file a written application with the New Jersey  
            Superior Court setting forth in detail the reasons for  
            desiring such a license.  The Superior Court would then refer  
            the application to the county prosecutor for investigation and  
            recommendation, and based upon that recommendation, the  








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            Superior Court would be authorized to grant the license but  
            only on a finding that the public safety and welfare so  
            required.  The Superior Court could also place any conditions  
            and limitations on the license as it deemed in the interest of  
            the public.  The applicant was required to pay a $75  
            application fee and if the license was granted, it would only  
            be valid for two years.  Once the license expired, the  
            applicant was required to reapply as if he or she were  
            applying for the first time.  (Coalition of New Jersey  
            Sportsmen v. Florio, supra, 744 F.Supp. at pg. 608.)  The  
            court found these restrictions were so substantial that they  
            created a de facto prohibition on the sale of BB and air guns.  
             Therefore, the court held that the statute was preempted to  
            the extent that its provisions prohibit the sale of  
            traditional BB and pellet-firing air guns. (Ibid.) 

            An example of permissible regulation is found in Association  
            of New Jersey Rifle and Pistol Clubs, et al. v Governor of the  
            State of New Jersey, et al. (2013) 707 F.3d 238.  In that  
            case, New Jersey passed a One Gun Law, which prohibited the  
            purchase or sale of more than one handgun per person per  
            month, including BB and air guns.  Plaintiffs challenged the  
            law on preemption grounds.  The court held that the law was  
            not preempted because the law amounted to regulation not a de  
            facto prohibition.  The court stated that "Section 5001(g)(ii)  
            provides that states cannot prohibit the sale of BB and air  
            guns.  However, it does not bar states from regulating the  
            sale of BB and air guns in any way.  The One Gun Law restricts  
            the sale of these guns to one per person per month, and allows  
            applications for exemptions from this restriction.  It is  
            evident that this is not a complete prohibition.  Nor is this  
            restriction so onerous as to be a de facto prohibition.   
            Because the One Gun Law regulates but does not prohibit the  
            sale of BB and air guns, it is not preempted by §  
            5001(g)(ii)." (Association of New Jersey Rifle and Pistol  
            Clubs v. Governor of the State of New Jersey, supra, 707 F.3d  
            at pg. 240.)

            Whether SB 199's provisions are preempted by subdivision  
            (g)(ii) of Section 5001 depends on whether its provisions  
            amount to regulation, which is allowed, or a de facto  
            prohibition, which is not allowed.   

           3)Practical Considerations  :  The purpose of this bill, as stated  
            by the author, is to prevent the misidentification of  








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            imitation guns as lethal weapons.  In order to prevent  
            misidentification, this bill requires the entire exterior of  
            imitation firearms to either brightly colored or made of  
            transparent or translucent materials which permit unmistakable  
            observation of the device's complete contents.  While this may  
            make sense for toy guns, or other imitation guns that have a  
            low risk of causing injury, this bill adds BB devices and air  
            guns into the definition of imitation guns.  Unlike toy guns  
            or even air-soft guns, BB devices and air guns shoot  
            projectiles that are metallic and much larger than what an  
            airsoft gun typically projects.  The force with which these  
            projectiles are shot are often more powerful than airsoft guns  
            which increases its likelihood of seriously injuring or  
                                                                                           killing someone.  

          Requiring these dangerous guns to be brightly colored or  
            translucent may cause confusion or undue delay for law  
            enforcement officers who have to make split-second decisions  
            on how to handle a situation involving a person brandishing a  
            firearm.  Either law enforcement officers will have to treat  
            brightly-colored or translucent guns as toy guns which could  
            endanger officer safety, or they would have to assume all  
            brightly colored or translucent guns are lethal or dangerous  
            and treat them the way they treat any other firearm, which  
            would make the provisions of this bill ineffective.   
            Additionally, considering that current law does not prohibit  
            brightly coloring real firearms, would it be dangerous to  
            assume that a brightly colored gun is a toy?

           4)Injuries from BB Devices  :  A 2004 article published in  
            Pediatrics, the official journal of the American Academy of  
            Pediatrics, reviewed the potential dangers from nonpowder  
            guns, including BB guns, pellet guns, air rifles, and  
            paintball guns.  The author found that in 2000, there were an  
            estimated 21840 injuries related to nonpowder guns, with  
            approximately 4% resulting in hospitalization.  [Laraque,  
            Injury Risk of Nonpowder Guns, Pediatrics, (November 1, 2004),  
            available at .]  Over one-half of these injuries occurred  
            in children under the age of 14, with approximately 12% of  
            injuries to the eye; 24% to the head and neck, excluding the  
            eye; 63% to extremities; and 1% to other body areas.  (Id.)  

            The article notes that the small size of the pellets shot from  
            nonpowders guns can contribute to the severity of the injury.   








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            The small size of the wound may lead to parents or emergency  
            room personnel to overlook the injury, but "but if not  
            appreciated for their potential for tissue disruption,  
            nonpowder gun injuries to the head, chest, and abdomen may  
            have catastrophic results."  (Id.)  The authors also note that  
            "pellets from air guns have a propensity to embolize if the  
            missile enters a blood vessel or the heart. The light weight  
            of air gun pellets allows the missile to be swept by the blood  
            flow more readily than heavier, higher-energy projectiles."   
            (Id.)   The article also notes that injuries from paintball  
            guns are primarily limited to eye injuries.  (Id.) 



            Would requiring BB devices to be brightly colored or made of  
            translucent materials give off the impression that these  
            devices are toys, leading to misuse of these dangerous  
            devices, especially among children? 

           5)Argument in Support  :  

             a)   According to the  Los Angeles Police Department  , "The  
               accidental shooting of residents, especially minors and  
               young adults, by law enforcement officers and others is a  
               public safety problem.  This bill would assist law  
               enforcement officers to more easily distinguish the  
               difference between BB guns and firearms when faced with  
               split second life threatening decisions.

             "The Los Angeles Police Department continues to support  
               ordinances that would make it easier for its officers to  
               determine if someone is carrying a firearm or BB gun.  I  
               believe Senate Bill 199 will be a helpful tool for my  
               officers to make our communities safer."

             b)   According to the  Sonoma County Sheriff's Office  ,  
               "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.  As a result, officers  
               and community residents can find themselves in dangerous  








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               situations when unable to distinguish replica guns from  
               real handguns and assault weapons."

           6)Argument in Opposition  : 

             a)   According to  APS Limited  , "Our first concern comes with  
               the mandatory coloring of airsoft devices that SB 199 would  
               require.  The reason to paint these products in bright  
               colors would be to distinguish them from real firearms;  
               however, many real firearms currently come in bright  
               colors, or can be easily painted in this manner.  When guns  
               are painted in fluorescent colors, they can appear as if  
               they are toys. This trend is of increasing concern to  
               police officers.  In fact, there is a tremendous and  
               growing market for bright pink, multi-colored, and exotic  
               firearms throughout the country.  By painting airsoft  
               devices in neon colors, we would be giving law enforcement  
               and the general public a false sense of security.

             "Our second concern is for the negative effect that SB 199  
               will have on the State's economy.  On a national scale, the  
               market for airsoft devices produces hundreds of millions of  
               dollars in sales each year.  California currently serves as  
               the primary distribution and retail center for these types  
               of recreational products.  Mandating that airsoft devices  
               be brightly colored would essentially kill the market in  
               the state, causing the loss of jobs and economic activity  
               statewide.  Together, businesses like ours in California  
               generate hundreds of millions of dollars to the economy,  
               employ thousands of people, and contribute millions of  
               dollars in tax revenue to the State and local  
               municipalities."

             b)   According to  Gamo Outdoor USA Inc.  , "It is critical to  
               understand the nature and scope of products that SB 199  
               would impact.  Traditional airguns (or simply "airguns")  
               utilize air or carbon dioxide gas as the propellant to  
               discharge a metal projectile, either a BB or pellet, of  
               diameters (caliber) typically ranging from .177 to .22  
               inch.  Many airguns are used for hunting small game and for  
               pest and varmint control.  As is true with many products,  
               the misuse or careless use of traditional airguns can  
               result in serious injury and, in some cases, death.   
               Traditional airguns are not toys.  It is a grievous error  
               to treat them as harmless toys, as SB 199 appears to do.








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             "Comparatively, although airsoft guns also use air or gas as  
               a propellant, they discharge only a plastic BB typically  
               6mm (approximately .24 inch) in diameter at a velocity much  
               less than the velocity a traditional airgun discharges a  
               metal projectile.  Thus, the risk of serious injury from  
               the careless use or misuse of an airsoft gun is extremely  
               remote.  (The notable exception would be if a user were to  
               discharge an airsoft gun directly into the eye of another  
               at close, if not point blank, range.)"

           7)Related Legislation  :  SB 798 (De León) would have included BB  
            devices within requirements pertaining to "imitation firearms"  
            that are prohibited for manufacture or sale in California  
            unless 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  
            specified.  SB 798 failed passage in this Committee.

           8)Prior Legislation  : 

             a)   AB 1455 (McLeod), Chapter 246, Statutes of 2003, exempts  
               BB devices from the list of imitation firearms required to  
               be brightly colored.  

             b)   SB 1858 (Dunn), Chapter 607, Statutes of 2004,  
               established a new definition for imitation firearms and  
               generally prohibited the open display or exposure of  
               imitation firearms in public places.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Eric Garcetti, Mayor of Los Angeles
          International Health & Epidemiology Research Center
          Los Angeles Airport Peace Officers Association
          Los Angeles Police Department
          Sonoma County Board of Supervisors
          Sonoma County Sheriff's Office








                                                                  SB 199
                                                                  Page  14


          Two private individuals
           
            Opposition 
           
          Airsoft Safety Foundation
          AirSplat.com
          Animal Pest Management Services, Inc.
          APS Limited
          California Association of Firearms Retailers
          California Rifle and Pistol Association, Inc.
          California Sportsman's Lobby
          Crosman Corporation
          Daisy
          Gamo Outdoor USA Inc.,
          Hatsan
          Irwindale Chamber of Commerce
          JAG Precision
          National Shooting Sports Foundation, Inc.
          Ningo GoldenBall Industry Co.
          Outdoor Sportsmen's Coalition of California
          Prima USA
          Pyramyd Air
          Remington Arms Company LLC
          Safari Club International
          Shasta County Sheriff's Office
          Sporting Goods Specialists, LLC
          Tac City AirSoft
          Umarex USA, Inc.
          Valley Industry and Commerce Association
          Victory Toys Co., Ltd.

          236 private individuals 

           Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744