BILL ANALYSIS Ó
SB 199
Page 1
SENATE THIRD READING
SB 199 (De León, et al.)
As Amended August 22, 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 : Requires airsoft guns that expel a projectile, such as
a BB or a pellet, that is six millimeters or eight millimeters,
in addition to the blaze orange ring on the barrel as required
by federal law, to have fluorescent coloration over the entire
trigger guard and a fluorescent adhesive band on the airsoft gun
prior to sale to a customer, 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)Excludes BB devices that expels a projectile, such as a BB or
pellet, that is other than six millimeters or eight
millimeters in caliber.
4)Removes the six millimeter restriction from the definition of
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a BB device.
5)Deletes reference to federal regulations governing imitation
firearms in existing provisions of law related to imitation
firearms.
6)Creates the following coloration scheme for airsoft guns that
expel a projectile, such as a BB or pellet, that is six
millimeters or eight millimeters:
a) If the airsoft gun is configured as a handgun, in
addition to the blaze orange ring on the barrel required by
federal law, the airsoft gun must have fluorescent
coloration over the entire trigger guard, and a two
centimeter wide adhesive band around the circumference of
the protruding pistol grip.
b) If the airsoft gun is configured as a rifle or long gun,
in addition to the blaze orange ring on the barrel as
required by federal law, the airsoft gun must have a
fluorescent coloration over the entire trigger guard, and a
two centimeter wide adhesive band with fluorescent coloring
around the circumference of any two of the following:
i) The protruding pistol grip;
ii) The buttstock; or,
iii) A protruding ammunition magazine or clip.
7)Specifies that the adhesive bands described above shall be
applied in a manner not intended for removal, and shall be in
place on the airsoft gun prior to sale to a customer.
8)Delays implementation of these provisions until January 1,
2016.
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
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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, 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
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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.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0005242