Bill Text: CA SB1315 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Imitation firearms: regulation: County of Los Angeles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-28 - Chaptered by Secretary of State. Chapter 214, Statutes of 2012. [SB1315 Detail]

Download: California-2011-SB1315-Introduced.html

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BILL NUMBER: SB 1315	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 23, 2012

   An act to amend Section 53071.5 of the Government Code, relating
to imitation firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1315, as introduced, De León. Imitation firearms: regulation:
County of Los Angeles.
   Existing law provides that the Legislature occupies the whole
field of regulation of the manufacture, sale, or possession of
imitation firearms, as defined, and that those provisions 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. Existing law defines "imitation
firearm" to include a "BB device" and defines a "BB device," for
specified purposes, to include any spot marker gun.
   This bill would provide an exception to those provisions by
authorizing the County of Los Angeles, or any city within the County
of Los Angeles, to enact and enforce an ordinance or resolution
regulating the manufacture, sale, possession, or use of a spot marker
gun that expels a projectile larger than 16mm.
   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 53071.5 of the Government Code is amended to
read:
   53071.5.   (a)    By the  enforcement
  enactment  of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in subdivision (a) of
Section 16700 of the Penal Code, and that subdivision 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 described in Section 16250 of the Penal Code. 
   (b) Notwithstanding subdivision (a), the County of Los Angeles,
and any city within the County of Los Angeles, may enact and enforce
an ordinance or resolution regulating the manufacture, sale,
possession, or use of a spot marker gun that expels a projectile
larger than 16mm.