BILL ANALYSIS Ó
SB 199
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 199 (De Leon) - As Amended: August 5, 2014
Policy Committee: Public Safety
Vote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits the purchase, sale, or manufacture of
imitation guns powered by air, gas, or spring-action to shoot a
projectile unless the entire surface of the gun is brightly
colored or translucent. Excepted are collector's replicas,
paintball guns, and BB guns that shoot BBs or pellets other than
6mm or 8mm. A violation is punishable by a civil fine of up to
$10,000 per transaction.
(Airsoft pellets are generally 6mm, sometimes 8mm. Traditional
metallic BBs are less than 5 mm.)
FISCAL EFFECT
Minor state and nonreimbursable local law enforcement costs,
offset to a degree by increased fine revenue.
Unknown potential sales tax decrease, to the extent the
colorization requirement reduces airsoft gun sales. In general,
this type of recreational discretionary spending is soon
replaced with other purchases, which negate any significant
sales tax loss.
COMMENTS
1)Rationale . The author's intent is to protect users of airsoft
guns by making it easier to determine that imitation guns are
not actual firearms. The author cites the September 2013 fatal
shooting of a 13-year-old boy by a Sonoma County sheriff's
deputy, who thought the plastic airsoft gun was an assault
rifle.
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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."
2)Current law is a melange of federal regulations, state
statutes and court decisions.
a) Federal law provides no person shall manufacture or
receive any imitation gun unless the gun has a permanent
orange plug attached to the barrel, or the gun is
translucent or brightly colored. Specifies imitation guns
include toy guns and airsoft guns firing nonmetallic
projectiles, but do not include traditional BB, paint-ball,
or pellet-firing air guns that expel a projectile through
the force of air pressure. Specifies federal regulations
supersede state law regarding coloration markings if
inconsistent with federal provisions.
b) State law prohibits purchase, sale, or manufacture of
imitation guns, and defines imitation gun as any BB device,
toy gun, replica so similar to an existing gun as to make a
reasonable person think it is a gun. Specifies an imitation
gun does not include a BB gun, defined as a device that
expels a BB or a pellet, not exceeding 6mm caliber, by air
pressure, gas pressure, or spring-action, or any paintball
gun, or any gun that is white or brightly colored or
translucent.
Makes it a misdemeanor to change, alter, remove, or
obliterate any coloration or markings required by state or
federal law or regulation for any imitation gun in a way
that makes the imitation gun look more like a real gun.
c) Colorization court decision in NYC suggests SB 199 may
be consistent with federal law:
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This bill requires imitation guns to be either brightly
colored or translucent. This would be in addition to the
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 similar to
SB 199. In City of New York v. Job-Lot Pushcart, the City of
New York passed an ordinance that prohibited imitation guns
unless the entire surface is brightly colored.
The New York Court of Appeal held the ordinance was not
preempted by the Federal Toy Gun Law.
The court's rationale was 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 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."
3)Supporters , including The L.A. P.D. and the Sonoma County
Sheriff's Office, contend this bill will help law enforcement
quickly distinguish between imitation and actual guns, thereby
protecting both civilians and officers.
4)Opponents (to the previous version of the bill, which did not
exempt traditional BB guns and air guns (pellet guns))
including the Airsoft Safety Foundation and numerous gun and
sporting organizations, contend this bill will harm airsoft
sports, which rely on realistic looking weapons for camouflage
and re-enactment purposes.
Opponents also contend this bill could create a false sense of
security to the extent criminals paint real weapons bright
colors.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
SB 199
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