AB 1798, as introduced, Cooper. Firearms: imitation firearms: gun-shaped phone cases.
Existing federal law prohibits a person from manufacturing, entering into commerce, shipping, transporting, or receiving any toy, look-alike, or imitation firearm unless the firearm contains, or has affixed to it, a marking approved by the federal Secretary of Commerce.
Existing state law 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. Under existing law, a manufacturer, importer, or distributor of imitation firearms that, among other things, fails to comply with any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, as defined by federal law or regulation, is guilty of a misdemeanor.
This bill would specify that the definition of imitation firearm described above includes, but is not limited to, a protective case for a cellular telephone 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 16700 of the Penal Code is amended to
2read:
(a) begin insert(1)end insertbegin insert end insert As used in this part, “imitation firearm” means
4any BB device, toy gun, replica of a firearm, or other device that
5is so substantially similar in coloration and overall appearance to
6an existing firearm as to lead a reasonable person to perceive that
7the device is a firearm.
8(2) “Imitation firearm” also includes, but is not limited to, a
9protective case for a cellular telephone that is so substantially
10similar in coloration and overall appearance to an existing firearm
11as to lead a reasonable person to perceive that
the case is a
12firearm.
13(b) As used in Section 20165, “imitation firearm” does not
14include any of the following:
15(1) A nonfiring collector’s replica that is historically significant,
16and is offered for sale in conjunction with a wall plaque or
17presentation case.
18(2) A spot marker gun which expels a projectile that is greater
19than 10mm caliber.
20(3) A BB device that expels a projectile, such as a BB or pellet,
21that is other than 6mm or 8mm caliber.
22(4) A BB device that is an airsoft gun that expels a projectile,
23such as a BB or pellet, that is 6mm or 8mm caliber which meets
24the following:
25(A) If the airsoft gun is configured as a handgun, in addition to
26the blaze orange ring on the barrel required by federal law, the
27airsoft gun has a trigger guard that has fluorescent coloration over
28the entire guard, and there is a two
centimeter wide adhesive band
29around the circumference of the protruding pistol grip that has
30fluorescent coloration.
31(B) If the airsoft gun is configured as a rifle or long gun, in
32addition to the blaze orange ring on the barrel required by federal
33law, the airsoft gun has a trigger guard that has fluorescent
34coloration over the entire guard, and there is a two centimeter wide
P3 1adhesive band with fluorescent coloring around the circumference
2of any two of the following:
3(i) The protruding pistol grip.
4(ii) The buttstock.
5(iii) A protruding ammunition magazine or clip.
6(5) A device where the entire exterior surface of the device is
7white, bright red, bright orange, bright yellow, bright green, bright
8blue, bright pink, or bright purple, either singly or as the
9predominant color in combination with other colors in any pattern,
10or where the entire device is constructed of
transparent or
11translucent materials which permits unmistakable observation of
12the device’s complete contents.
13(c) The adhesive bands described in paragraph (4) of subdivision
14(b) shall be applied in a manner not intended for removal, and shall
15be in place on the airsoft gun prior to sale to a customer.
16(d) This section shall be operative on January 1, 2016.
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