BILL NUMBER: AB 2053	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000

INTRODUCED BY   Assembly Member Wesson
   (Coauthors:  Assembly Members Alquist, Cardenas, Kuehl, Romero,
and Washington)

                        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 amended, Wesson.  Imitation firearms.
   Under existing law, any person who, except as specified, 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 provide that in order to be a violation,
the  transportation of   above-described
activities involving  the imitation firearm would have to be for
commercial purposes.  The bill would also  narrow the range
of permitted markings   provide that an imitation
firearm where the coloration of the entire exterior surface of the
device is bright orange or bright green, either singly or in
combination, would not be subject to the above-described
prohibitions.
   This bill would also provide that any person who purchases, sells,
manufacturers, ships, transports, distributes, or receives, by mail
order or in any other manner, a firearm, where the coloration of the
entire exterior surface of the firearm is bright orange or bright
green, as specified, is liable for a civil fine of not more than
$10,000  .
   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 
 (1) Any  person who  , for commercial purposes, 
purchases, sells, manufactures, ships, transports  for
commercial purposes,  distributes, or receives, by mail
order or in any other manner, an imitation firearm except as
permitted by 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 thousand dollars
($10,000) for each violation.  
   (2) Any person who purchases, sells, manufacturers, ships,
transports, distributes, or receives, by mail order or in any other
manner, a firearm, where the coloration of the entire exterior
surface of the firearm is bright orange or bright green, either
singly, in combination, or as the predominant color in combination
with other colors in any pattern, is liable for a civil fine in an
action brought by the city attorney of the city or the district
attorney for the county of not more than ten thousand dollars
($10,000) 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 subsections (c)
and (d) of Section 1150.3 of Title 15 of the Code of Federal
Regulations as in effect on January 1, 2000.  
   (4) An imitation firearm where the coloration of the entire
exterior surface of the device is bright orange or bright green,
either singly or in combination. 
   (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.