BILL NUMBER: SB 798	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 13, 2011
	AMENDED IN SENATE  APRIL 13, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 18, 2011

   An act to amend Section 16700 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, as amended, De León. Firearms: BB devices: imitation
firearms.
   Existing law defines "BB device" to mean any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action, or any spot marker gun.
Existing law defines "imitation firearm" to mean any BB device, toy
gun, replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing firearm
as to lead a reasonable person to perceive that the device is a
firearm but provides that a BB device is not an imitation firearm in
regard to a provision imposing a civil fine on the sale, manufacture,
transportation, receipt, or distribution of imitation firearms for
commercial purposes.
   This bill would make the provision imposing a civil fine on the
sale, manufacture, transportation, receipt, or distribution of
imitation firearms for commercial purposes applicable to BB devices.

    The bill would also provide that a spot marker gun that expels a
projectile of greater than 10 mm caliber would not be an imitation
firearm in regard to the provision imposing a civil fine on the sale,
manufacture, transportation, receipt, or distribution of imitation
firearms for commercial purposes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16700 of the Penal Code is amended to read:
   16700.  (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
   (b) As used in Section 20165, "imitation firearm" does not include
any of the following:
   (1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case. 
   (2) A spot marker gun which expels a projectile that is greater
than 10 mm caliber.  
   (2) 
    (3)    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.