BILL NUMBER: AB 1798	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 8, 2016

   An act to amend Section 16700 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1798, as introduced, Cooper. Firearms: imitation firearms:
gun-shaped phone cases.
   Existing federal law prohibits a person from manufacturing,
entering into commerce, shipping, transporting, or receiving any toy,
look-alike, or imitation firearm unless the firearm contains, or has
affixed to it, a marking approved by the federal Secretary of
Commerce.
   Existing state law defines "imitation firearm" as 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. Under existing law, a manufacturer, importer, or
distributor of imitation firearms that, among other things, fails to
comply with any applicable federal law or regulation governing the
marking of a toy, look-alike, or imitation firearm, as defined by
federal law or regulation, is guilty of a misdemeanor.
   This bill would specify that the definition of imitation firearm
described above includes, but is not limited to, a protective case
for a cellular telephone 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.
   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 16700 of the Penal Code is amended to read:
   16700.  (a)  (1)    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. 
   (2) "Imitation firearm" also includes, but is not limited to, a
protective case for a cellular telephone that is so substantially
similar in coloration and overall appearance to an existing firearm
as to lead a reasonable person to perceive that the case 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 6mm or 8mm caliber.
   (4) A BB device that is an airsoft gun that expels a projectile,
such as a BB or pellet, that is 6mm or 8mm 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.