BILL ANALYSIS Ó
SB 199
Page 1
SENATE THIRD READING
SB 199 (De León et al.)
As Amended August 5, 2014
Majority vote
SENATE VOTE :23-8
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Prohibits the purchase, sale, manufacture, and distribution
of BB devices that expel a projectile, such as a BB or a pellet, that
is six millimeters or eight millimeters in caliber unless the entire
exterior surface of the device is brightly colored or transparent, as
specified. Specifically, this bill :
1)Specifies that for purposes of the prohibition on the purchase,
sale, manufacture, and distribution of imitation firearms, the term
"imitation firearm" does not include a BB device that expels a
projectile, such as a BB or a pellet, unless the BB or pellet is six
millimeters or eight millimeters in caliber.
2)Excludes spot marker guns that expel a projectile that is greater
than 10 millimeters in caliber from the prohibition.
3)Removes the six millimeter restriction from the definition of a BB
device.
4)Deletes reference to federal regulations governing imitation
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firearms in existing provisions of law related to imitation
firearms.
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.
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.
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:
a) A nonfiring collector's replica that is historically
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 six millimeter caliber,
through the force of air pressure, gas pressure, or spring action,
or any spot marker gun.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
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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 : 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 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."
Please see the policy committee analysis for a full discussion of this
bill.
SB 199
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Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN:
0004464