BILL ANALYSIS �
AB 2333
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Date of Hearing: April 10, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2333 (Solorio) - As Introduced: February 24, 2012
As Proposed to be Amended in Committee
SUMMARY : Revises the definition and regulation of BB devices,
as specified. Specifically, this bill :
1)Specifies that, for purposes of bringing weapons on to the
grounds of a public or private school, for prohibited devices
that expel a projectile, the projectile need not be metallic,
the projectile may not exceed 6 millimeters, and may be
expelled through the force of any gas, not only carbon dioxide
(CO2).
2)Specifies that the definition of "imitation firearm" for
purposes of sale, purchase, manufacture, receipt, or
distribution for commercial purposes, does not include:
a) A traditional BB, paintball, or pellet-firing air gun
that expels a projectile through the force of compressed
air, compressed gas, or mechanical spring action, or any
combination thereof; or,
b) A BB device that is not described above, that has 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 6
millimeters in compliance with federal law.
3)Prohibits any person from changing, altering, removing, or
obliterating any color permanently affixed to the exterior
surface of the barrel or covering the circumference of the
barrel beginning at the muzzle end that is required by any
applicable state or federal law.
4)Specifies that any person who keeps a BB device within any
premises that are under the person's control or custody, who
knows or reasonably should know that a minor is likely to gain
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access to that BB device without the permission of the minor's
parent or guardian, and the minor obtains access to the BB
device and carries that device off the premises other than
where the device is stored, is subject to the following:
a) For a first instance, a civil fine not to exceed $250,
or be required to successfully complete a course of
instruction applicable to the BB devices that includes the
principles of safe handling and storage, or both the fine
and the class;
b) For a second instance, a civil fine not to exceed $500,
or be required to successfully complete an advanced course
of instruction applicable to the BB devices that includes
the principles of safe handling and storage, or both the
fine and the class; and,
c) For a third or subsequent instance, a civil fine not to
exceed $1,000, or a requirement to perform community
service, or both the fine and community service.
EXISTING LAW:
1)States that prohibitions on the sale, purchase, manufacture,
transportation, receipt or distribution for commercial
purposes does not apply to the following devices:
a) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a
wall plaque or presentation case;
b) A BB device; or,
c) A device where the entire exterior surface of the device
is 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, as provided by federal
regulations governing imitation firearms, or where the
entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the
device's complete contents, as provided by federal
regulations governing imitation firearms. (Penal Code
Section 16700.)
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2)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 authorized by this
section shall be liable for a civil fine in an action brought
by the city attorney or the district attorney of not more than
$10,000 for each violation. �Penal Code Section 20165(a).]
3)Authorizes the manufacture, purchase, sale, shipping,
transport, distribution, or receipt, by mail or in any other
manner, of imitation firearms if the device is manufactured,
purchased, sold, shipped, transported, distributed, or
received for any of the following purposes:
a) Solely for export in interstate or foreign commerce;
b) Solely for lawful use in theatrical productions,
including motion picture, television, and stage
productions;
c) For use in a certified or regulated sporting event or
competition;
d) For use in military or civil defense activities, or
ceremonial activities; or,
e) For public displays authorized by public or private
schools. �Penal Code Section 20165(b).]
4)Defines "BB device" as any instrument that expels a
projectile, such as a BB or a pellet, not exceeding 6mm
caliber, through the force of air pressure, gas pressure, or
spring action, or any spot marker gun. (Penal Code Section
16250.)
5)States that the sale of a BB device to a minor is a
misdemeanor. (Penal Code Section 19910.)
6)States that furnishing a BB device to a minor, including
loaning or transfer without a sale, is a misdemeanor. (Penal
Code Section 19915)
7)States that any person who, for commercial purposes,
purchases, sells, manufacturers, ships, transports,
distributes, or receives a firearm, where the coloration of
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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 the city or the district attorney for the
county of not more than $10,000. (Penal Code Section 23800.)
8)Requires that no person shall manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm ("device"), as defined, unless such device
contains, or has affixed to it a bright orange marking, as
specified, covering the circumference of the barrel from the
muzzle end for a depth of at least 6 millimeters, unless
exempted, as specified. This requirement does not apply to
traditional BB, paint-ball, or pellet-firing air guns that
expel a projectile through the force of air pressure. �15
U.S.C. Section 5001(a) to (c).]
9)Preempts any provision of State or local laws or ordinances
which provide for markings or identification inconsistent with
provisions of this section provided that no State shall
prohibit the sale or manufacture of any look-alike, nonfiring,
collector replica of an antique firearm developed prior to
1898, or prohibit the sale (other than prohibiting the sale to
minors) of traditional BB, paint ball, or pellet-firing air
guns that expel a projectile through the force of air
pressure. �15 U.S.C. Section 5001(g).]
10)Provides that any person, except as specified, who brings or
possesses any dirk, dagger, ice pick, knife having a blade
longer than two- and one-half inches, folding knife with a
locking blade, razor with an unguarded blade, taser or stun
gun, an instrument that expels a metallic projectile such as a
BB or pellet through the use of air pressure, CO2 pressure or
spring action, or any spot marker gun upon the grounds of, or
within, any public or private school providing instruction in
kindergarten or Grades 1 to 12, inclusive, is guilty of a
public offense, punishable by imprisonment in county jail not
to exceed one year for a misdemeanor or by imprisonment in the
county jail for 16 months, 2 or 3 years for a felony. �Penal
Code Section 626.10(a)(1).]
11)Provides that any person, except as specified, who brings or
possesses any razor blade or box cutter upon the grounds of,
or within, any public or private school providing instruction
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in kindergarten or Grades 1 to 12, inclusive, is guilty of a
public offense, punishable by imprisonment in county jail not
to exceed one year for a misdemeanor or by imprisonment in the
county jail for 16 months, 2 or 3 years for a felony. �Penal
Code Section 626.10(a)(2).]
12)Provides that with the exception of a peace officer, a person
summoned to assist a peace officer, or a member of the
military engaged in the performance of his or her duties, any
person who brings or possesses any dirk, dagger, ice pick or
knife having a fixed blade longer than two- and one-half
inches, upon the grounds of, or within, any private
university, the University of California, the California State
University, or the California Community Colleges is guilty of
a public offense, punishable by imprisonment in county jail
not to exceed one year for a misdemeanor or by imprisonment in
the county jail for 16 months, 2 or 3 years for a felony.
�Penal Code Section 626.10(b).]
13)States that the above provisions do not apply to any person
who brings a knife, as specified, or a razor with an unguarded
blade upon the grounds of specified schools and universities
for use in a school-sponsored activity or class, or possesses
an ice pick or knife upon the grounds of any specified
university or college for lawful use in food preparation or
consumption, or within the scope of the person's employment.
�Penal Code Section 626.10(c)-(e).]
14)Provides that the prohibition on an instrument that expels a
metallic projectile such as a BB or pellet or any spot marker
gun shall not apply if the person has the written permission
of the school principal or his or her designee. �Penal Code
Section 626.10(f).]
15)Defines "imitation firearm" as any BB device, toy gun,
replica of a firearm or other device that is so substantially
similar in coloration and overall appearance as to lead a
reasonable person to perceive that the device is a firearm.
�Penal Code Section 16700(a).]
16)Creates the "Gun-Free School Zone Act of 1995" which
prohibits the possession of a firearm in a school zone.
(Penal Code Section 626.9.)
17)Defines "school zone" as an area in, or on the grounds of, a
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public or private school providing instruction in Kindergarten
or Grades 1 to 12, inclusive, or within a distance of 1,000
feet from the grounds of the public or private school. �Penal
Code Section 626.9(e)(1).]
18)Provides that any person who possesses a firearm in, or on
the grounds of, a public or private school providing
instruction in Kindergarten or Grades 1 to 12, inclusive,
shall be punished by imprisonment in county jail for two,
three, or five years. �Penal Code Section 626.9(f)(1).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Assembly Bill
2333 would make several changes and updates to the California
Penal Code sections relating to imitation firearms.
Specifically, AB 2333 would amend current law regarding the
possession of imitation firearms on school grounds to cover
the characteristics of imitation firearms, which will
encompass other types of projectiles, such as paintballs. The
measure also conforms California to federal law by adopting
the federal definition of imitation firearms for the purposes
of commerce. Additionally, this bill would hold adults
accountable for providing unlawful access to an imitation
firearm by a minor through civil penalties, in order to
encourage courts to impose punishment on violators. Finally,
AB 2333 would add a provision to clarify that an individual is
prohibited from altering any coloration and/or marking that
makes an imitation firearm clearly identifiable."
2)Background : According to information provided by the author,
"The BB device category of imitation firearms includes any
instrument that expels a projectile through the force of air
pressure, gas pressure, and/or spring action, and includes
traditional BB guns, pellet guns, paintball guns, and airsoft
guns. In 2008, Governor Schwarzenegger signed into law AB 352
(Statutes of 2008, Chapter 422), which added public schools,
colleges, and universities to the existing list of public
locations where openly displaying an imitation firearm is
prohibited. However, since then, the realism in appearance of
these devices has continued to evolve such that the statute
pertaining to school grounds no longer effectively covers all
of the various types of imitation firearms.
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"Current law governing the possession of imitation firearms on
school grounds is inconsistent regarding the types of devices
and projectiles prohibited. Penal Code Section 626.10(a)(1)
applies only to metallic projectiles, and therefore excludes
imitation firearm devices that shoot plastic projectiles (e.g.
airsoft, plastic pellets, or paintballs). This inconsistency
in the law creates confusion, and would allow for an assertion
that devices that expel non-metallic pellets are permitted on
school grounds.
"In 1988, Congress defined imitation firearms for the purposes
of commerce based on distinctive markings, but California has
not yet adopted these federal provisions as applied to the
coloration of muzzles and barrels on these devices. This has
led to conflicts in the law regarding the necessity of blaze
orange markings on the exterior surface of various imitation
firearms.
"Additionally, public safety officials have expressed concerns
that minors and their guardians often fail to observe existing
imitation firearm laws because there lacks an enforceable
punishment for compliance. It is unlawful to store firearm
weapons where a child is likely to gain access to the weapon,
but there lack a similar penalty to ensure safe storage of
imitation firearms. There have been documented cases where a
child has brought and displayed imitation firearms in academic
settings, which has caused other students and teachers to
reasonably fear for their safety and security. Law
enforcement representatives have suggested that civil, not
criminal, penalties are more effective punishments to apply on
adults whose negligent actions result in a minor obtaining
unlawful possession of an imitation firearm.
"Finally, while imitation firearm manufacturers have complied
with existing federal and state law, the law is ambiguous with
regards to owners themselves on the removal or alteration of
color and/or markings on the barrels of imitation firearms.
When owners modify the statutorily-mandated imitation firearm
identifiers, law enforcement personnel may respond to this as
a perceived threat and as if the imitation firearm was an
actual firearm weapon, leading to tragic consequences."
3)Previous Legislation :
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a) AB 352 (Solorio), Statutes of 2008, Chapter 422,
included public and private schools in the definition of
"public place" where it is unlawful to openly expose or
display an imitation firearm.
b) AB 229 (Strickland), of the 2007-08 Legislative Session,
would have made it a misdemeanor or felony to bring or
possess a box cutter, exacto type of knife, or an AirSoft
gun upon the grounds of any public or private school
providing instruction in Kindergarten or Grades one through
12, inclusive. AB 229 was substantially amended in the
Senate to include unrelated language and ultimately failed
passage on the Senate floor.
c) AB 2537 (Montanez), of the 2005-06 Legislative Session,
would have expanded the projectile exemption to include any
instrument that expels any metallic or non-metallic BB or
pellet rather than limiting it to metallic projectiles. AB
2537 was held in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Airsoft Safety Foundation
California Association of Firearms Retailers
California Police Chiefs Association, Inc.
California Sportsman's Lobby, Inc.
Outdoor Sportsman's Coalition of California
Peace Officers Research Association of California
S/R Industries, Inc.
Crossman Corporation
Safari Club International
Umarex USA
Opposition
California Rifle and Pistol Association
National Rifle Association
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
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