Bill Text: CA SB798 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Imitation firearms: regulation.

Status: (Engrossed - Dead) 2012-01-04 - From Assembly without further action. [SB798 Detail]

Download: California-2011-SB798-Amended.html
BILL NUMBER: SB 798	AMENDED
	BILL TEXT

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

INTRODUCED BY   Senator De León

                        FEBRUARY 18, 2011

    An act to add Sections 19920 and 20153 to the Penal Code,
relating to firearms.   A   n 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  .  Existing
law regulates the sale of BB devices and imitation firearms and makes
it a misdemeanor for any person to change, alter, remove, or
obliterate any coloration or marking that is required by any
applicable state or federal law or regulation for any imitation
firearm. Existing law further defines a handgun to be a pistol,
revolver, or other firearm capable of being concealed upon the
person.  
   This bill would require, except as specified, every BB device and
imitation firearm that appears to be a handgun that has a barrel less
than 16 inches in length to have the entire exterior surface of the
device white, bright red, bright orange, bright yellow, bright green,
bright blue, bright pink, or bright purple, either singly or as the
predominate color in combination with other colors in any pattern, or
be constructed of transparent or translucent materials that permit
unmistakable observation of the device's complete contents. 

   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.

   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 BB device.  
   (3) 
    (2)  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. 
  SECTION 1.    Section 19920 is added to the Penal
Code, to read:
   19920.  Except as authorized in this part, every BB device that
appears to be a handgun that has a barrel less than 16 inches in
length shall have the entire exterior surface of the device be white,
bright red, bright orange, bright yellow, bright green, bright blue,
bright pink, or bright purple, either singly or as the predominate
color in combination with other colors in any pattern, or be
constructed of transparent or translucent materials that permit
unmistakable observation of the device's complete contents. 

  SEC. 2.    Section 20153 is added to the Penal
Code, to read:
   20153.  Except as authorized in this part, every imitation firearm
that appears to be a handgun that has a barrel less than 16 inches
in length shall have the entire exterior surface of the device be
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominate color in combination with other colors in any pattern, or
be constructed of transparent or translucent materials that permit
unmistakable observation of the device's complete contents. 
                                       
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