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

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

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Bill Title: Imitation firearms: regulation.

Spectrum: Partisan Bill (Democrat 1-0)

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

Download: California-2011-SB798-Amended.html

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BILL NUMBER: SB 798	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 18, 2011

    An act to amend Section 30000 of the Penal Code, relating
to firearms.   An act to add Sections 19920 and 20153
to the Penal Code, relating to firearms. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, as amended, De León. Firearms:  Prohibited Armed
Persons File.   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. 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. 

   Existing law requires the Attorney General to establish and
maintain an online database known as the Prohibited Armed Persons
File. Existing law provides that the purpose of the file is to
cross-reference persons who have ownership or possession of a
firearm, as specified, and who, subsequent to the date of that
ownership or possession of a firearm, fall within a class of persons
who are prohibited from owning or possessing a firearm. 

   This bill would make a technical, nonsubstantive change to that
provision. 
   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 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. 

  SECTION 1.    Section 30000 of the Penal Code is
amended to read:
   30000.  (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of ownership or possession of a firearm,
fall within a class of persons who are prohibited from owning or
possessing a firearm.
   (b) The information contained in the Prohibited Armed Persons File
shall only be available to those entities specified in, and pursuant
to, subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from possessing
firearms.