BILL NUMBER: AB 2053	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wesson

                        FEBRUARY 22, 2000

   An act to amend Section 417.2 of the Penal Code, relating to
imitation firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2053, as introduced, Wesson.  Imitation firearms.
   Under existing law, any person who sells, manufactures, ships,
transports, distributes, or receives an imitation firearm, as
defined, is liable for a civil fine of not more than $10,000 for each
violation.  Existing law also describes certain devices, among which
is a firearm containing markings provided in a specified provision
of federal law, that are not included in the definition of "imitation
firearm."
   This bill instead would increase the fine to $20,000 and narrow
the range of permitted markings.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 417.2 of the Penal Code is amended to read:
   417.2.  (a) Commencing January 1, 1989, any person who purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm in violation
of this section shall be liable for a civil fine in an action brought
by the city attorney of the city or the district attorney of the
county of not more than  ten   twenty 
thousand dollars  ($10,000)   ($20,000) 
for each violation.
   (b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is permitted if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
   (1) Solely for export in interstate or foreign commerce.
   (2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
   (3) For use in a certified or regulated athletic event or
competition.
   (4) For use in military or civil defense activities.
   (5) For public displays authorized by public or private schools.
   (c) As used in this section, "imitation firearm" means a replica
of a firearm that is so substantially similar in physical properties
to an existing firearm as to lead a reasonable person to conclude
that the replica is a firearm.
   (d) As used in this section, "imitation firearm" does not include
any of the following:
   (1) A nonfiring collector's replica of an antique firearm that was
designed prior to 1898, is historically significant, and is offered
for sale in conjunction with a wall plaque or presentation case.
   (2) A nonfiring collector's replica of a firearm that was designed
after 1898, is historically significant, was issued as a
commemorative by a nonprofit organization, and is offered for sale in
conjunction with a wall plaque or presentation case.
   (3) A device, as defined in subdivision (g) of Section 12001.
   (4) A firearm that contains, or has affixed to it, a marking
approved by the Secretary of Commerce, as provided in 
Section 5001 of Title 15 of the United States Code  
subsections (c) and (d) of Section 1150.3 of Title 15 of the Code of
Federal Regulations as in effect on January 1, 2000  .
   (5) An instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or spring
action, or a spot marker gun.