BILL ANALYSIS
AB 2053
Page 1
ASSEMBLY THIRD READING
AB 2053 (Wesson)
As Amended May 16, 2000
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Washington, Dickerson, | | |
| |Battin, Firebaugh, | | |
| |Keeley, Romero | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Narrows the range of permitted markings identifying
imitation firearms and toy guns. Specifically, this bill
narrows the range of approved markings of imitation, toy and
look-alike firearms and 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.
2)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.
3)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 United
States (U.S.) Secretary of Commerce.
4)Provides that the following markings are approved by the U.S.
Secretary of Commerce:
a) A blaze orange solid plug permanently affixed to the
AB 2053
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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; and,
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.
FISCAL EFFECT : None
COMMENTS : 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.
"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.
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"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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Angelo Butler / PUB. S. / (916) 319-3744
FN: 0004641