BILL ANALYSIS Ó
SB 1315
Page 1
SENATE THIRD READING
SB 1315 (De León)
As Amended March 29, 2012
Majority vote
SENATE VOTE :21-14
PUBLIC SAFETY 4-2
-----------------------------------------------------------------
|Ayes:|Ammiano, Cedillo, | | |
| |Mitchell, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Removes the state preemption of any local ordinances
regarding the manufacture, sale, or possession of imitation
firearms, BB devices, and air rifles within the County of Los
Angeles. Specifically, this bill allows the County of Los
Angeles or any city within that county to enact and enforce an
ordinance or resolution that is more restrictive than state law
regulating the manufacture, sale, possession, or use of any BB
device, toy gun, replica of a firearm, or other device that
meets both of the following:
1)The device 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;
and,
2)The device expels a projectile that is no more than 16
millimeters (mm) in diameter.
EXISTING LAW :
1)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
SB 1315
Page 2
traditional BB, paint-ball, or pellet-firing air guns that
expel a projectile through the force of air pressure.
2)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.
3)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.
4)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.
5)Defines a "BB device" as any instrument that expels a
projectile, such as a BB or a pellet, not exceeding 6mm
SB 1315
Page 3
caliber, through the force of air pressure, gas pressure, or
spring action, or any spot marker gun.
6)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.
7)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.
8)States that the sale of a BB device to a minor is a
misdemeanor.
9)States that furnishing a BB device to a minor, including
loaning or transfer without a sale, is a misdemeanor.
10)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
SB 1315
Page 4
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 1315 was introduced at
the request of Los Angeles Police Chief Charlie Beck in order to
protect Californians, especially law enforcement officers, from
the dangers caused by imitation firearms. Every day the men and
women who serve as law enforcement officers must make split
second decisions to determine if it is appropriate to use deadly
force to protect our communities.
"This quick and life changing decision is made even more
difficult given that these fake guns look exactly like real
firearms. Accidental shootings, especially the shootings of
minors and young adults, by law enforcement officers and others
is tragic.
"You may recall SB 798, a bill that was passed by this
legislative body last year and proposed that BB guns adhere to
the same laws and regulations set forth for imitation firearms.
This bill (SB 1315) provides a narrow approach to this
outstanding problem by exempting cities in LA County from a
current State preemption that prevents cities from adopting
ordinances related to imitation firearms. This bill would simply
allow cities within LA County to enact and enforce ordinances
that will ensure the safety of our men and women in uniform as
they relate to these imitation guns. This bill is supported by
Los Angeles County Sherriff Leroy Baca, Los Angeles Mayor
Antonio Villaraigosa."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0004380
SB 1315
Page 5