BILL ANALYSIS
AB 2053
Page 1
Date of Hearing: May 9, 2000
Counsel: Angelo Butler
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 2053 (Wesson) - As Introduced: February 22, 2000
SUMMARY : Increases the maximum amount of the fine to $20,000
for any person who sells, manufactures, ships, distributes or
receives an imitation firearm. Narrows the range of permitted
markings identifying imitation firearms and toy guns.
Specifically, this bill :
1)Provides for an increase in the maximum amount of the civil
fine from $10,000 to $20,000 for any person who purchases,
sells, manufactures, ships, transports, distributes, or
receives, by mail order or in any other manner, an imitation
firearm.
2)Narrows the range of approved markings of imitation, toy and
look-alike firearms. Provides that they must be constructed
entirely of transparent or translucent materials, or the
exterior surface must be white, red, orange, yellow, green,
blue, pink, or purple, either singly or in combination with
the other colors.
EXISTING LAW :
1)Provides that any person who purchases, sells, manufactures,
ships, transports, distributes, or receives, by mail order or
in any other manner, an imitation firearm shall be liable for
a civil fine of up to $10,000. (Penal Code Section 417.2(a).)
2)Provides that the manufacture, purchase, sale, shipping,
transport, distribution, or receipt, by mail or in any other
manner, of imitation firearms is permitted for any of the
following purposes:
a)Solely for export in interstate or foreign commerce.
b)Solely for use in theatrical productions, including motion
picture, television and stage productions.
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c)For use in a certified or regulated athletic event or
competition.
d)For use in military or civil defense activities.
e)For public displays authorized by public or private
schools. (Penal Code Section 417.2(b).)
3)Defines "imitation firearm" as 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. (Penal Code Section 417.2(c).)
4)Provides that "imitation firearm" does not include any of the
following:
a)A nonfiring collector's replica of an antique firearm that
was designed prior to 1898, offered for sale in conjunction
with a wall plaque or presentation case.
b)A nonfiring collector's replica of a firearm that was
designed after 1898, issued as a commemorative by a
nonprofit organization, and is offered for sale in
conjunction with a wall plaque or presentation.
c)Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, carbon
dioxide pressure, or spring action, or any spot marker gun.
d)A firearm that contains, or has affixed to it, a marking
approved by the Secretary of Commerce. (Penal Code Section
417.2(d).)
5)Provides that no person shall manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm ("device"), unless such device contains, or
has affixed to it, one of the markings approved by the
Secretary of State. (Title 15, Code of Federal Regulations,
Section 1150.2.)
6)Provides that an imitation firearm shall have as an integral
part, permanently affixed, a blaze orange plug inserted in the
barrel of such toy, look-alike, or imitation firearm. Such
plug shall be recessed no more than six millimeters from the
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muzzle end of the barrel of such firearm. (Title 15, United
States Code, Section 5001, subdivision (b)(1).)
7)Provides that the following markings are approved by the
Secretary of Commerce:
a)A blaze orange solid plug permanently affixed to the muzzle
end of the barrel as an integrated part of the entire
device and recessed no more than six millimeters from the
muzzle end of the barrel.
b)A blaze orange marking permanently affixed to the exterior
surface of the barrel, covering the circumference of the
barrel from the muzzle end for a depth of at least six
millimeters.
c)Construction of the device entirely of transparent or
translucent materials which permits unmistakable
observation of the device's complete contents.
d)Coloration of the entire exterior surface of the device in
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. (Title 15, Code of Federal
Regulations, Section 1150.3.)
8)Provides that every person who, except in self-defense, draws
or exhibits an imitation firearm in a threatening manner
against another person, in such a way as to cause a reasonable
person apprehension or fear of bodily harm is guilty of a
misdemeanor punishable by imprisonment in the county jail for
a term of not less than 30 days. (Penal Code Section 417.4.)
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "AB 2053 provides
for the further safety of children and police by requiring toy
guns to be completely made of clear or neon-colored material.
This bill would make it incredibly easy for officers to
immediately recognize a fake weapon, and would alleviate
police officer stress associated with determining a real life
threat from a fake one.
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"In 1988, State Senator Roberti passed legislation (SB 1795)
that limited the kinds of toy guns that could be sold,
manufactured or distributed in California. The Senator's
intent in this bill was to safeguard kids, playing with toy
guns, and the actions of police officers having to
differentiate between real and fake weapons. To allow for
easier identification, SB 1795 required manufacturers to at
least paint or affix a bright colored safety tip to the front
of the toy gun muzzle.
"Since 1988, there have been a number of accidental police
shootings nation wide and in California involving kids playing
with toy guns. Most recently in Monterey Park, California, a
youngster playing with a toy gun, while walking down the
street, was shot by police officers who thought he was in
possession of a real weapon.
"The United States Secretary of Commerce's office has indicated
that toy guns are in large part manufactured outside of the
United States, or imported from China. So AB 2053 would not
significantly reduce the number of United States jobs
associated with the production of toy guns. Additionally, a
number of domestic retail chains including Toys 'R' Us, Kay
Bee Toy Stores, Kmart, and Target, have voluntarily removed
realistic looking toy weapons from their shelves to
demonstrate their commitment to toy gun safety.
"Kids are purchasing toy guns and removing the safety tips to
create more realistic looking imitations. An elementary
school principal in Los Angeles has had to confiscate a number
of realistic looking toy guns that had the safety tips
removed. There is a real need to revisit safety precautions
taken by the state in relationship to toy guns. AB 2053 does
this and provides the necessary protection for kids seeking
the enjoyment of toy guns."
2)Confrontations Between Police And Juveniles In Which A Toy Gun
Was Used : Since 1988, in California, there have been at least
five confrontations between the police and juveniles in which
toy guns were involved: on November 10, 1999, in Monterey
Park, a 13-year-old was injured; on June 9, 1995, in San
Francisco, a 12-year-old died; on June 5, 1995, in Orange
County, a five-year-old died; on May 29, 1995, in Carson Park,
a 12-year-old was injured; on April 2, 1995, in Terrace, an
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18-year-old died.
REGISTERED SUPPORT / OPPOSITION :
Support
California Peace Officers' Association
California Police Chiefs Association
City Council of the City of Los Angeles
City of Los Angeles Board of Education
Los Angeles District Attorney's Office
Monterey Park Police Department
Opposition
None on File
Analysis Prepared by : Angelo Butler / PUB. S. / (916)
319-3744