BILL NUMBER: AB 2053	CHAPTERED
	BILL TEXT

	CHAPTER   275
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 6, 2000
	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, and to add Section 12020.3 to,
the Penal Code, relating to imitation firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2053, 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 above-described activities involving the imitation firearm would
have to be for commercial purposes.  The bill would also 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 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.


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) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports 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.
   (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) 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.
  SEC. 2.  Section 12020.3 is added to the Penal Code, to read:
   12020.3.  Any person who, for commercial purposes, purchases,
sells, manufacturers, ships, transports, distributes, or receives 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).