BILL ANALYSIS Ó
SB 798
Page 1
SENATE THIRD READING
SB 798 (De León)
As Amended June 29, 2011
Majority vote
SENATE VOTE :21-16
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Cedillo, Hill, | | |
| |Mitchell, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman | | |
| | | | |
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SUMMARY : Removes the state preemption of any local ordinances
regarding the manufacture, sale, or possession of imitation
firearms, BB devices, and air rifles.
EXISTING LAW :
1)States that the Legislature occupies the whole field of
regulation of the manufacture, sale, or possession of
imitation firearms, as specified, and that section 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 specified.
2)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 purpose, either
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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.
3)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.
4)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.
5)Defines a "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.
6)States that the sale of a BB device to a minor is a
misdemeanor.
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7)States that furnishing a BB device to a minor, including
loaning or transfer without a sale, is a misdemeanor.
8)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.
9)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, paintball, or pellet-firing air guns that
expel a projectile through the force of air pressure.
10)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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 798 was introduced at
the request of Los Angeles Police Chief Charlie Beck to protect
Californians, especially law enforcement officers, from the
threat and dangers caused by copycat firearms. The use of
lethal force against persons carrying copycat BB devices is a
significant threat to public safety. The proliferations of
these copycat BB devices which are becoming regular tools in
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crimes to intimidate residents and more and more frequently
triggering officer involved shootings.
"SB 798 will repeal Government Code Section 53071.5 to allow
local governments to devise their own solution the problem of
copycat firearms.
"On December 18, 2010, the Los Angeles Times wrote about the
tragic accidental shooting of a 13-year-old boy by a Los Angeles
Police Department (LAPD) officer. According to the LAPD, the
13-year-old boy and two of his friends were playing that evening
in the middle of a dark street shooting pellets at one another
with fake handguns. When the two LAPD officers stopped to
investigate, the three boys ran away and one produced a copycat
firearm that, a LAPD officer thought was a real handgun. LAPD
Chief Charlie Beck declared the accidental shooting a tragedy
and further stated, 'We have seen far too much heartbreak
involving these types of realistic-looking guns that are labeled
as toys. 'The copycat firearm used by the 13-year-old boy
looked identical to a real gun and it even had the exact
dimensions of a Beretta 92 F. This shooting is not an isolated
incident; this problem includes the shooting and death of Rita
Elias in Modesto by the Stanislaus County Sheriff's and the
shooting of Robert McBride by the San Diego Police. Both of
these officer involved shootings occurred in April, 2011.
"As a result of the senseless shooting of the 13-year-old boy in
Glassell Park and others throughout California, SB 798 is
desperately needed to protect the public from copycat firearms.
These shooting are tragedies and local police chiefs and county
sheriffs working with their local elected officials know best
how to solve this problem. Every local jurisdiction has
specific issues and problems with the proliferation of copycat
firearms. Therefore SB 798 should be enacted to allow for this
public safety problem to be addressed and solved locally."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
SB 798
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