BILL ANALYSIS �
AB 2333
Page 1
GOVERNOR'S VETO
AB 2333 (Solorio)
As Amended August 6, 2012
2/3 vote
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|ASSEMBLY: |48-24|(May 7, 2012) |SENATE: |21-18|(August 20, |
| | | | | |2012) |
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|ASSEMBLY: |49-29|(August 22, | | | |
| | |2012) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Specifies 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 for the third or
subsequent instance.
The Senate amendments:
1)Remove the provisions recasting the definition of BB devices
and the prohibition against altering the coloration of an
imitation firearm.
2)Remove the requirement that a person in violation of this
section complete a course of instruction applicable to BB
devices.
3)States that a written warning or civil fine issued or imposed
AB 2333
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pursuant to this section may only be imposed and administered
by a local governmental entity acting under the authority of,
and at the discretion of, a city, county, or city and county.
4)States that if a local governmental entity chooses to impose a
fine pursuant to this section, it shall provide notice to the
person to be fined of the alleged violation, including a
description of the conditions that gave rise to the
allegation.
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.
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.
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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.
4)Defines "BB device" as any instrument that expels a
projectile, such as a BB or a pellet, not exceeding six
millimeters caliber, through the force of air pressure, gas
pressure, or spring action, or any spot marker gun.
5)States that the sale of a BB device to a minor is a
misdemeanor.
6)States that furnishing a BB device to a minor, including
loaning or transfer without a sale, is a misdemeanor.
7)States that any person who, for commercial purposes,
purchases, sells, manufacturers, 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 the city or the district attorney for the
county of not more than $10,000.
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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 six millimeters, unless
exempted, as specified. This requirement does not apply to
traditional BB, paintball, or pellet-firing air guns that
expel a projectile through the force of air pressure.
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, paintball, or pellet-firing air
guns that expel a projectile through the force of air
pressure.
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, carbon dioxide
(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, two or three years for a felony.
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
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
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county jail for 16 months, two or three years for a felony.
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, two or three years for a
felony.
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.
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.
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.
16)Creates the "Gun-Free School Zone Act of 1995" which
prohibits the possession of a firearm in a school zone.
17)Defines "school zone" as an area in, or on the grounds of, a
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.
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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.
AS PASSED BY THE ASSEMBLY , this bill revised the definition and
regulation of BB devices, as specified. Specifically, this
bill :
1)Specified 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 six millimeters, and may be
expelled through the force of any gas, not only CO2.
2)Specified 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 six
millimeters in compliance with federal law.
3)Prohibited 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)Specified 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 and openly
displays or exposes the BB device in violation of specified
law, is subject to the following:
a) For a first instance, a written warning, 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 written warning and the
class;
b) For a second instance, a civil fine not to exceed $100,
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 $200, or a requirement to perform community service,
or both the fine and community service.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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."
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GOVERNOR'S VETO MESSAGE :
"This bill would allow police officers to issue a warning or
impose a $100 fine on a parent when their child breaks the law
by having a BB gun in a public place.
"Police officers can already educate parents about
accountability and the responsible use of BB guns when
appropriate. I urge them to do so."
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0005968