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 ASSEMBLY  JUNE 29, 2011
	AMENDED IN ASSEMBLY  JUNE 13, 2011
	AMENDED IN SENATE  APRIL 13, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 18, 2011

   An act to  amend Section 16700 of the Penal Code,
   repeal Section 53071.5 of the Government Code, 
relating to  imitation  firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, as amended, De León.  Firearms:  BB
devices: imitation firearms. 
   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. 
   This bill would repeal those provisions.  
   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.  
   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.
 
    The bill would also provide that a spot marker gun that expels a
projectile of greater than 10 mm caliber would not be an imitation
firearm in regard to the provision imposing a civil fine on the sale,
manufacture, transportation, receipt, or distribution of imitation
firearms for commercial purposes. 
   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   , as amended by Section 1 of Chapter 607
of the Statutes of 2004, is repealed.  
   53071.5.  By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, 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 described in
subdivision (g) of Section 12001 of the Penal Code. 
   SEC. 2.    Section 53071.5 of the  
Government Code   , as amended by Section 35 of Chapter 178
of the Statutes of 2010, is repealed.  
   53071.5.  By the enforcement 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 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
described in Section 16250 of the Penal Code.  
  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 spot marker gun which expels a projectile that is greater
than 10 mm caliber.
   (3) 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.