BILL NUMBER: SB 199 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2014
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 , repeal, and add 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 , commencing January 1, 2016, 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 , commencing January 1, 2016, make BB
devices that expel a projectile, such as a BB or a pellet, that is 6
millimeters or 8 millimeters in caliber subject to that prohibition
unless the devices meet specified coloration requirements
, and would exclude spot marker guns that expel a projectile larger
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 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. (a) As used in this part, "BB device"
means any instrument that expels a projectile, such as a BB or a
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 16250 is added to the
Penal Code , to read:
16250. (a) 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.
(b) This section shall be operative on January 1, 2016.
SEC. 3. 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 BB device.
(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.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. Section 16700 is added to the
Penal Code , 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.
(4) A BB device that is an airsoft gun that expels a projectile,
such as a BB or pellet, that is 6 mm or 8 mm caliber which meets the
following:
(A) If the airsoft gun is configured as a handgun, in addition to
the blaze orange ring on the barrel required by federal law, the
airsoft gun has a trigger guard that has fluorescent coloration over
the entire guard, and there is a two centimeter wide adhesive band
around the circumference of the protruding pistol grip that has
fluorescent coloration.
(B) If the airsoft gun is configured as a rifle or long gun, in
addition to the blaze orange ring on the barrel required by federal
law, the airsoft gun has a trigger guard that has fluorescent
coloration over the entire guard, and there is a two centimeter wide
adhesive band with fluorescent coloring around the circumference of
any two of the following:
(i) The protruding pistol grip.
(ii) The buttstock.
(iii) A protruding ammunition magazine or clip.
(5) 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.
(c) The adhesive bands described in paragraph (4) of subdivision
(b) shall be applied in a manner not intended for removal, and shall
be in place on the airsoft gun prior to sale to a customer.
(d) This section shall be operative on January 1, 2016.
SEC. 5. 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.
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.
(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.