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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