BILL ANALYSIS
AB 2053
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2053 (Wesson)
As Amended July 6, 2000
Majority vote
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|ASSEMBLY: |61-11|(May 22, 2000) |SENATE: |25-1 |(August 10, |
| | | | | |2000) |
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Original Committee Reference: PUB. S.
SUMMARY : Clarifies the existing law regarding the prohibition
concerning the purchasing and selling of imitation firearms, by
specifying that the civil fine of up to $10,000 applies to any
person who engages in these activities for commercial purposes.
Provides for a civil fine of not more than $10,000 for any
person who, for commercial purposes, purchases, sells, and
engages in other activities involving a firearm that is bright
orange or bright green. Excludes an imitation firearm from the
specified civil prohibitions where the coloration of the entire
surface is bright orange or bright green, either singly or in
combination.
The Senate amendments :
1)Change the prohibition concerning imitation firearms, by
specifying that the civil fine applies to activities for
commercial purposes, and states that any person who, for
commercial purposes, purchases, sells, manufactures, ships,
transports, distributes, or receives by mail order or in any
other manner, an imitation firearm except as permitted by this
section shall be liable for a civil fine in an action brought
by the city attorney of a city or district attorney (DA) of a
county of not more than $10,000 for each violation.
2)Provide that any person who, for commercial purposes,
purchases, sells, manufactures, ships, transports,
distributes, or receives a firearm, where the coloration of
the entire exterior surface of the firearm is bright orange or
bright green, either singly, 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 a city or the DA for a county of not more
AB 2053
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than $10,000 for each violation.
3)Exclude 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, from the
prohibitions specified in this section.
AS PASSED BY THE ASSEMBLY , this bill narrowed the range of
approved markings of imitation, toy and look-alike firearms and
provided 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.
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.
"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
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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: 0005819