BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2333|
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THIRD READING
Bill No: AB 2333
Author: Solorio (D)
Amended: 8/6/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/26/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
ASSEMBLY FLOOR : 48-24, 5/7/12 - See last page for vote
SUBJECT : Imitation firearms
SOURCE : Airsoft Safety Foundation
California Police Chiefs Association
DIGEST : This bill provides that any person who keeps a
BB device within any premises that is under the person's
custody or control, who knows or reasonably should know
that a minor is likely to gain access to that BB device
without the permission of the minor's parent or legal
guardian, and a minor obtains access to that BB device and
thereafter carries the BB device off-premises and openly
displays or exposes the BB device in a public place in
violation of provisions of existing law, may be subject to
a written warning for the first instance, a civil fine of
$100 for the second instance, and a civil fine of $200 for
the third or subsequent instance. This bill provides that
a written warning or civil fine issued or imposed pursuant
to these provisions may only be imposed and administered by
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a local governmental entity acting under the authority of a
city, county, or city and county.
ANALYSIS : Existing federal law 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 six millimeters, unless
exempted, as specified. (15 United States Code Section
5001, 15 Code of Federal Regulations Sections 1150.2,
1150.3.) This requirement does not apply to "traditional
B-B, paint-ball, or pellet-firing air guns that expel a
projectile through the force of air pressure." (15 United
States Code Section 5001(c))
Existing law provides that by the enforcement of this
section, the Legislature occupies the whole field of
regulation of the manufacture, sale, or possession of
imitation firearms, as defined, and that subdivision shall
preempt and be exclusive of all regulations relating to the
manufacture, sale, or possession of imitation firearms,
including regulations governing the manufacture, sale, or
possession of BB devices and air rifles, as defined.
(Government Code Section 53071.5)
Existing law prohibits, subject to specific exceptions,
purchase, sale, manufacture, shipping, transport,
distribution, or receipt, by mail order or in any other
manner, of an imitation firearm. (Manufacture for export
is permitted.) Violations are punishable by a civil fine
in an action brought by the city attorney or the district
attorney of up to $10,000 for each violation. (PEN Section
20165)
Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm
manufactured after July 1, 2005, shall be liable for a
civil fine for each action brought by a city attorney or
district attorney of not more than $1,000 for the first
action, $5,000 for the second action, and $10,000 for the
third action and each subsequent action. (PEN Section
20160)
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Existing law provides that no person may openly display or
expose any imitation firearm in a public place, as defined.
(PEN Section 20170.) A violation is an infraction
punishable by a fine of $100 for the first offense, and
$300 for a second offense. A third or subsequent violation
is punishable as a misdemeanor. (PEN Section 20180)
Existing law provides that every person who, except in
self-defense, draws or exhibits an imitation firearm, as
defined, in a threatening manner against another 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 a county jail for a term of not less than
30 days. (PEN Section 417.4)
Existing law provides that possession of an imitation
firearm while on school grounds, while going to or coming
from school, during the lunch period whether on or off the
campus, during, or while going to or coming from a school
sponsored activity, or if the possession is otherwise
related to school activity or school attendance, is grounds
for expulsion. (Education Code Section 48900(m))
Existing law provides that if all of the following
conditions are satisfied, a person shall be punished by
imprisonment in a county jail for up to one year, by a fine
of up to $1,000, or both:
1. The person keeps a pistol, revolver, or other firearm
capable of being concealed upon the person, loaded or
unloaded, within any premises that are under the
person's custody or control.
2. The person knows or reasonably should know that a child
is likely to gain access to that firearm without the
permission of the child's parent or legal guardian.
3. The child obtains access to that firearm and thereafter
carries that firearm off-premises. (PEN Section
25200(a))
Existing law provides that if all of the following
conditions are satisfied, a person shall be punished by
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imprisonment in a county jail for up to one year, by a fine
of up to $5,000, or both:
1. The person keeps any firearm within any premises that
are under the person's custody or control.
2. The person knows or reasonably should know that a child
is likely to gain access to the firearm without the
permission of the child's parent or legal guardian.
3. The child obtains access to the firearm and thereafter
carries that firearm off-premises to any public or
private preschool, elementary school, middle school,
high school, or to any school-sponsored event, activity,
or performance, whether occurring on school grounds or
elsewhere. (PEN Section 25200(b))
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
Airsoft Safety Foundation (co-source)
California Police Chiefs Association (co-source)
Association of Los Angeles Deputy Sheriffs
California Association of Firearms Retailers
California Probation, Parole and Correctional Association
California Sportsman's Lobby, Inc.
Crossman Corporation
Gamo Outdoor USA, Inc.
Outdoor Sportsman's Coalition of California
Peace Officers Research Association of California
Riverside Sheriffs Association
S/R Industries, Inc.
Safari Club International
San Diego Schools Police Officers Association
Umarex USA
OPPOSITION : (Verified 8/7/12)
California Rifle and Pistol Association
National Rifle Association
ARGUMENTS IN SUPPORT : The California Police Chiefs
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Association, Inc. states, "Assembly Bill 2333 � ] provides
an important tool to assure that all imitation firearms are
treated with respect. The law prohibits the use of
imitation firearms on public property without adult
supervision. Assembly Bill 2333 will permit the imposition
of civil fines for those parents who permit the public use
of imitation firearms in the absence of that supervision."
ARGUMENTS IN OPPOSITION : The National Rifle Association
states, "In Assembly Bill 2333, the proponents seek to
create a new negligent storage law for BB guns, airsoft
imitation firearms and paintball devices. Assembly Bill
2333 creates an absurd sweeping legal liability on parents
by punishing the parent for a minor's use of any type of
'BB device' without the parent's 'permission'. A 'minor'
is someone under the age of 18, so the parent is subject to
liability if a 17 year old ever takes any bb, airsoft, or
paintball device out of the house without the parent's
permission. This new legal liability will create a number
of problematic legal issues that the bill does not define
or speak to."
ASSEMBLY FLOOR : 48-24, 5/7/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Buchanan, Butler, Charles
Calderon, Campos, Carter, Chesbro, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Galgiani, Gatto, Gordon, Hagman,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel P�rez, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Morrell, Nestande,
Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Brownley, Cedillo, Fletcher, Furutani,
Gorell, Hall, Miller, Portantino
RJG:k 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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