BILL ANALYSIS
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THIRD READING
Bill No: AB 2053
Author: Wesson (D), et al
Amended: 7/6/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/27/00
AYES: Vasconcellos, Johnston, McPherson, Polanco, Rainey
ASSEMBLY FLOOR : 61-11, 5/22/00 - See last page for vote
SUBJECT : Imitation firearms
SOURCE : Los Angeles City Council Member Mark
Ridley-Thomas
DIGEST : The purpose of this bill is to (1) add "for
commercial purposes" to the transportation restriction on
imitation firearms, (2) to delete the blaze orange plug and
marking characteristics, clear construction, and other
colors but for bright orange or bright green, which under
current law exempt a replica firearm from existing
restrictions; and (3) to make it unlawful to purchase,
sell, manufacture, ship, transport, distribute, or receive,
a firearm which is bright orange or bright green, as
specified.
ANALYSIS : Existing law does the following:
1.Provides that any person who purchases, sells,
manufactures, ships, transports, distributes, or
receives, by mail order or in any other manner, an
CONTINUED
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imitation firearm shall be liable for a civil fine of up
to $10,000.
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.
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.
1.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.
2.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
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marking approved by the Secretary of Commerce.
1.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.
2.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 muzzle end of the barrel of
such firearm.
3.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.
1.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.
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Existing law defines "firearm" in the Dangerous Weapons
Control Act to mean "any device, designed to be used as a
weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of
combustion"; includes for specified parts of that Act "any
frame or receiver of the weapon" and "shall include any
rocket, rocket propelled projectile launcher, or similar
device containing any explosive or incendiary material
whether or not the device is designed for emergency or
distress signaling purposes" but excludes for some
provisions of the Act "an unloaded firearm that is defined
as an 'antique firearm' in Section 921(a)(16) of Title 18
of the United States Code."
This bill does the following:
1.Adds as a condition to the prohibited acts in current law
"for commercial purposes."
2.Limits the approved markings to 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.
3.Provides that any person who for commercial purposes
purchases, sells, manufactures, 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, or 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
of the county of not more than ten thousand dollars
($10,000) for each violation.
Confrontations Between Police and Juveniles in Which a Toy
Gun was Used . According to the Assembly Committee on
Public Safety Committee analysis of this bill, 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,
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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
18-year-old died.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/7/00)
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 County District Attorney's Office
Monterey Park Police Department
City of Los Angeles Police Department
California State Sheriffs' Association
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriff's Association
ARGUMENTS IN SUPPORT : According to the author, this bill
"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 nationwide and in California involving kids
playing with toy guns. Most recently in Monterey Park,
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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."
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bates, Battin, Bock, Brewer,
Calderon, Cardenas, Cardoza, Cedillo, Corbett, Correa,
Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,
Florez, Frusetta, Gallegos, Granlund, Havice, Honda,
Jackson, Keeley, Knox, Kuehl, Leach, Lempert, Longville,
Lowenthal, Machado, Maldonado, Margett, Mazzoni, Migden,
Nakano, Olberg, Robert Pacheco, Rod Pacheco, Papan,
Pescetti, Reyes, Romero, Runner, Scott, Shelley,
Steinberg, Strom-Martin, Thomson, Torlakson, Vincent,
Washington, Wayne, Wesson, Wiggins, Wildman, Wright,
Zettel, Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Baugh, Briggs,
Campbell, Kaloogian, Leonard, McClintock, Thompson
RJG:sl 8/3/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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