BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1455|
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THIRD READING
Bill No: AB 1455
Author: Negrete McLeod (D)
Amended: 4/2/03 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/10/03
AYES: McPherson, Vasconcellos, Burton, Margett, Sher
ABSENT/NO VOTE RECORDED: Sher
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0 (Passed on Consent), 5/8/03 - See
last page for vote
SUBJECT : Imitation firearms resrictions: exemption
related to BB devices
SOURCE : National Airsoft Sports Industry Association
DIGEST : This bill (1) changes the definition of the
exempted BB or pellet instruments in the imitation firearms
law to delete the reference to "metallic" and to, instead,
refer to "projectile, such as a BB or pellet, not exceeding
6 mm caliber", and (2) makes related changes to the
definition section of the firearms law.
ANALYSIS : Existing law provides the following regarding
"imitation" firearms:
1.Provides that any person who purchases, sells,
manufactures, ships, transports, distributes, or
CONTINUED
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receives, by mail order or in any other manner, an
imitation firearm shall be liable for a civil fine of up
to $10,000.
2.Provides that the manufacture, purchase, sale, shipping,
transport, distribution, or receipt, by mail or in any
other manner, of imitation firrearms is permitted for any
of the following purposes:
A. Solely for export in interstate or foreign
commerce.
B. Solely for use in theatrical productions,
including motion picture, television and stage
productions.
C. For use in a certified or regulated event or
competition.
D. For use in military or civil defense activities.
E. For public displays authorized by public or
private schools.
3.Defines "imitation firearm" as a replica of a firearm
that is so substantially similar in physical properties
to an existing firearm as to lead a reasonable person to
conclude that the replica is a firearm.
4.Provides that "imitation firearm" does not include any of
the following:
A. A nonfiring collector's replica of an antique
firearm that was designed prior to 1898, offered for
sale in conjunction with a wall plaque or
presentation case.
B. A nonfiring collector's replica of a firearm that
was designed after 1898, issued as a commemorative by
a nonprofit organization, and is offered for sale in
conjunction with a wall plaque or presentation.
C. Any instrument that expels a metallic projectile,
such as a BB or pellet, through the force of air
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pressure, carbon dioxide pressure, or spring action,
or any spot marker gun (through cross-reference to
Penal Code Section 12001(g)).
D. An imitation firearm where the coloration of the
entire exterior surface of the device is bright
orange or bright green, either singly or in
combination.
E. An instrument that expels a metallic projectile,
such as a BB or pellet, through the force of air
pressure, CO2 pressure, or spring action, or a spot
marker gun.
Existing law provides that any person who, for commercial
purposes, purchases, sells, manufactures, 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 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.
Existing law contains the following definition:
"For purposes of Section 12551 [misdemeanor for selling
any BB device to a minor] and 12552 [misdemeanor for
furnishing a BB device to a minor without specified
permission], the term 'BB device' means any instrument
that expels a metallic projectile, such as a BB or a
pellet, through the force of air pressure, CO2
pressure, or spring action, or any spot marker gun."
The bill does the following:
1.Changes the definition of the exempted "BB or pellet"
instruments in the imitation firearms law to delete the
reference to "metallic" and to, instead, refer to
"projectile, such as a BB or pellet, not exceeding 6 mm
caliber."
2.Makes related changes to the definition section of the
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firearms law.
The Assembly Public Safety analysis included the following
statement from the sponsor, the National Airsoft Sports
Industry Association:
"Most conventional and more widely known air guns
(Daisy, Crossman, etc.) primarily fire metallic BB's.
That was the initial reason for using the metallic BB
criteria to create the coloration exemption. For
environmental and safety reasons, however, the better
known BB gun manufacturers are increasingly switching
over to using plastic projectiles. Those same safety
and environmental reasons explain why the more modern
designed Airsoft products are primarily designed to
fire plastic BB's. Metallic BB's, however, are
sometimes used in and fired by Airsoft products as well
(primarily for increased target accuracy). Better
known airguns fire 4 mm BB's. Airsoft air guns propel
BB's having a diameter of 6 mm (approximately .22
caliber.) Unlike the situation with conventional
firearms where a larger caliber often increases the
danger of the firearm, the larger BB's fired by Airsoft
air guns are somewhat slower and thus typically a
little less dangerous than the 4 mm projectiles.
"Nonetheless, whether 4 or 6 mm, plastic BB's, like
their metallic counterparts, can cause serious injury
to a child if a child were to access one.
"This bill . . . would delete the requirement that BB's
used in an air gun must be metallic in order for the
air gun to be exempt from the coloration requirement.
"Originally, it was planned to simply add plastic BB's
to the exempt list. But then it was realized that as
technology progresses there will be more BB's designed
from other materials - such as ceramic. In light of
this likelihood, it was decided to extend the exemption
to all BB's regardless of the material from which
manufactured. In order to differentiate BB's from
other kinds of projectiles, such as the rubber suction
cup tipped plastic darts of the kind actually expelled
by some toys, it was decided to specify that the BB's
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must be 6 mm or less in diameter. This will include
all known BB's fired by air guns.
"Along with safety, there are other considerations in
seeking the enactment of this bill. These include the
fact that, because of their realistic appearance, they
are collected by many individuals and put on display in
their homes and offices. They are also used by the
motion picture industry . . . Airsoft guns are also
popular in reenactment skirmishes, and as a substitute
for paint ball guns in adult paint ball activities.
"Lastly, without this bill, Airsoft, which is sold
worldwide, would have to manufacture brightly colored
models just for California."
NOTE: The National Airsoft Sports Industry Association
"represents manufacturers and distributors of
Airsoft products."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/15/03)
National Airsoft Sports Industry Association (source)
Association of Los Angeles Deputy Sheriffs
Riverside Sheriffs' Association
California Peace Officers Association
California Police Chiefs' Association
ARGUMENTS IN SUPPORT : According to the author's office,
"Current law requires that toy guns be colored either
bright orange or green to differentiate them from guns that
are not toys. Air guns are not toys, and so they were
exempted from the coloration requirement - if they fire
metallic BB's. Airsoft air guns use 'plastic' projectiles,
not metallic, and other air guns in the future might use
ceramic or other materials for their projectiles. The
primary purpose of AB 1455 is to add Airsoft air guns to
the types of air guns already exempted from the existing
coloration requirement so that adults and children alike
will not mistake them for toys."
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ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Chan, Chavez, Chu, Cogdill, Cohn, Corbett,
Correa, Cox, Daucher, Diaz, Dutra, Dutton, Dymally,
Firebaugh, Frommer, Garcia, Goldberg, Hancock, Harman,
Jerome Horton, Shirley Horton, Jackson, Keene, Kehoe,
Koretz, La Malfa, La Suer, Laird, Leno, Levine, Lieber,
Liu, Longville, Lowenthal, Maldonado, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nakano,
Nation, Negrete McLeod, Nunez, Oropeza, Pacheco, Parra,
Pavley, Plescia, Reyes, Richman, Ridley-Thomas, Runner,
Salinas, Samuelian, Simitian, Spitzer, Steinberg,
Strickland, Vargas, Wiggins, Wolk, Wyland, Wesson
RJG:cm 7/16/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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