BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2053| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2053 Page 2 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 AB 2053 Page 3 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. AB 2053 Page 4 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, AB 2053 Page 5 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, AB 2053 Page 6 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 **** END **** AB 2053 Page 7