BILL NUMBER: SB 199	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2014
	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senators De León, Evans, and Wolk
   (Principal coauthors: Assembly Members Chesbro, Levine, and
Yamada)

                        FEBRUARY 7, 2013

   An act to amend Sections 16250 and 16700 of the Penal Code,
relating to BB devices.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 199, as amended, De León. BB devices.
   Existing law prohibits a person from furnishing a BB device,
defined to include a spot marker gun, to a minor without the
permission of the minor's parent or guardian, and prohibits selling a
BB device to a minor. Violation of either of these prohibitions is a
crime. Existing law defines a BB device as any instrument that
expels a projectile, such as a BB or pellet, that does not exceed 6
millimeters in caliber.
   This bill would delete the 6 millimeter restriction from the
definition of a BB device. By including a device that expels a BB or
pellet that exceeds 6 millimeters in caliber within the definition of
a BB device, this bill would expand the scope of existing crimes,
and impose a state-mandated local program.
   Existing law generally prohibits anyone from purchasing, selling,
manufacturing, shipping, transporting, distributing, or receiving an
imitation firearm. A person is liable for a civil fine of not more
than $10,000 for a violation of this prohibition. Existing law
excludes  all  BB devices from the definition of imitation
firearm for these purposes.
   This bill would  include   make  BB
devices  within the definition of imitation firearm for
purposes of   that expel a projectile, such as a BB or a
pellet, that is 6 millimeters or 8 millimeters in caliber subject to
 that prohibition,  but   and  would
exclude spot marker guns that expel a projectile larger  that
  than  10 millimeters in caliber  from the
prohibition  .
   Existing law, for purposes of regulating imitation firearms,
adopts coloration and construction schemes prescribed by federal law.
Existing law includes a cross-reference to those federal provisions.

   This bill would delete the  federal provision 
cross-reference  to the federal provisions  .
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16250 of the Penal Code is amended to read:
   16250.  As used in this part, "BB device" means 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.
  SEC. 2.  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 10mm caliber. 
   (3) A BB device that expels a projectile, such as a BB or pellet,
that is other than 6 mm or 8 mm caliber.  
   (3) 
    (4)  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, or where the entire device is constructed of transparent or
translucent materials which permits unmistakable observation of the
device's complete contents.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.