AB 2333
Page 1
Date of Hearing: April 10, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
ABPCA Bill Id: AB 2333 (Author:Solorio) – As Introduced: Ver: February 24, 2012
As Proposed to be Amended in Committee
SUMMARY: Revises the definition and regulation of BB devices, as specified. Specifically, this bill:
1) Specifies that, for purposes of bringing weapons on to the grounds of a public or private school, for prohibited devices that expel a projectile, the projectile need not be metallic, the projectile may not exceed 6 millimeters, and may be expelled through the force of any gas, not only carbon dioxide (CO2).
2) Specifies that the definition of "imitation firearm" for purposes of sale, purchase, manufacture, receipt, or distribution for commercial purposes, does not include:
a) A traditional BB, paintball, or pellet-firing air gun that expels a projectile through the force of compressed air, compressed gas, or mechanical spring action, or any combination thereof; or,
b) A BB device that is not described above, that has a blaze orange marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters in compliance with federal law.
3) Prohibits any person from changing, altering, removing, or obliterating any color permanently affixed to the exterior surface of the barrel or covering the circumference of the barrel beginning at the muzzle end that is required by any applicable state or federal law.
4) Specifies that any person who keeps a BB device within any premises that are under the person's control or custody, who knows or reasonably should know that a minor is likely to gain access to that BB device without the permission of the minor's parent or guardian, and the minor obtains access to the BB device and carries that device off the premises other than where the device is stored, is subject to the following:
a) For a first instance, a civil fine not to exceed $250, or be required to successfully complete a course of instruction applicable to the BB devices that includes the principles of safe handling and storage, or both the fine and the class;
b) For a second instance, a civil fine not to exceed $500, or be required to successfully complete an advanced course of instruction applicable to the BB devices that includes the principles of safe handling and storage, or both the fine and the class; and,
c) For a third or subsequent instance, a civil fine not to exceed $1,000, or a requirement to perform community service, or both the fine and community service.
EXISTING LAW:
1) States that prohibitions on the sale, purchase, manufacture, transportation, receipt or distribution for commercial purposes does not apply to the following devices:
a) A nonfiring collector's replica that is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case;
b) A BB device; or,
c) 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. (Penal Code Section 16700.)
2) States that any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives, by mail order or in any other manner, an imitation firearm except as authorized by this section shall be liable for a civil fine in an action brought by the city attorney or the district attorney of not more than $10,000 for each violation. [Penal Code Section 20165(a).]
3) Authorizes the manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of imitation firearms if the device is manufactured, purchased, sold, shipped, transported, distributed, or received for any of the following purposes:
a) Solely for export in interstate or foreign commerce;
b) Solely for lawful use in theatrical productions, including motion picture, television, and stage productions;
c) For use in a certified or regulated sporting event or competition;
d) For use in military or civil defense activities, or ceremonial activities; or,
e) For public displays authorized by public or private schools. [Penal Code Section 20165(b).]
4) Defines "BB device" as 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. (Penal Code Section 16250.)
5) States that the sale of a BB device to a minor is a misdemeanor. (Penal Code Section 19910.)
6) States that furnishing a BB device to a minor, including loaning or transfer without a sale, is a misdemeanor. (Penal Code Section 19915)
7) States that any person who, for commercial purposes, purchases, sells, manufacturers, 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. (Penal Code Section 23800.)
8) Requires that no person shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm ("device"), as defined, unless such device contains, or has affixed to it a bright orange marking, as specified, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters, unless exempted, as specified. This requirement does not apply to traditional BB, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure. [15 U.S.C. Section 5001(a) to (c).]
9) Preempts any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or prohibit the sale (other than prohibiting the sale to minors) of traditional BB, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure. [15 U.S.C. Section 5001(g).]
10) Provides that any person, except as specified, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than two- and one-half inches, folding knife with a locking blade, razor with an unguarded blade, taser or stun gun, an instrument that expels a metallic projectile such as a BB or pellet through the use of air pressure, CO2 pressure or spring action, or any spot marker gun upon the grounds of, or within, any public or private school providing instruction in kindergarten or Grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in county jail not to exceed one year for a misdemeanor or by imprisonment in the county jail for 16 months, 2 or 3 years for a felony. [Penal Code Section 626.10(a)(1).]
11) Provides that any person, except as specified, who brings or possesses any razor blade or box cutter upon the grounds of, or within, any public or private school providing instruction in kindergarten or Grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in county jail not to exceed one year for a misdemeanor or by imprisonment in the county jail for 16 months, 2 or 3 years for a felony. [Penal Code Section 626.10(a)(2).]
12) Provides that with the exception of a peace officer, a person summoned to assist a peace officer, or a member of the military engaged in the performance of his or her duties, any person who brings or possesses any dirk, dagger, ice pick or knife having a fixed blade longer than two- and one-half inches, upon the grounds of, or within, any private university, the University of California, the California State University, or the California Community Colleges is guilty of a public offense, punishable by imprisonment in county jail not to exceed one year for a misdemeanor or by imprisonment in the county jail for 16 months, 2 or 3 years for a felony. [Penal Code Section 626.10(b).]
13) States that the above provisions do not apply to any person who brings a knife, as specified, or a razor with an unguarded blade upon the grounds of specified schools and universities for use in a school-sponsored activity or class, or possesses an ice pick or knife upon the grounds of any specified university or college for lawful use in food preparation or consumption, or within the scope of the person's employment. [Penal Code Section 626.10(c)-(e).]
14) Provides that the prohibition on an instrument that expels a metallic projectile such as a BB or pellet or any spot marker gun shall not apply if the person has the written permission of the school principal or his or her designee. [Penal Code Section 626.10(f).]
15) 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 as to lead a reasonable person to perceive that the device is a firearm. [Penal Code Section 16700(a).]
16) Creates the "Gun-Free School Zone Act of 1995" which prohibits the possession of a firearm in a school zone. (Penal Code Section 626.9.)
17) Defines "school zone" as an area in, or on the grounds of, a public or private school providing instruction in Kindergarten or Grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. [Penal Code Section 626.9(e)(1).]
18) Provides that any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in Kindergarten or Grades 1 to 12, inclusive, shall be punished by imprisonment in county jail for two, three, or five years. [Penal Code Section 626.9(f)(1).]
FISCAL EFFECT: Unknown
COMMENTS:
1) Author's Statement: According to the author, "Assembly Bill 2333 would make several changes and updates to the California Penal Code sections relating to imitation firearms. Specifically, AB 2333 would amend current law regarding the possession of imitation firearms on school grounds to cover the characteristics of imitation firearms, which will encompass other types of projectiles, such as paintballs. The measure also conforms California to federal law by adopting the federal definition of imitation firearms for the purposes of commerce. Additionally, this bill would hold adults accountable for providing unlawful access to an imitation firearm by a minor through civil penalties, in order to encourage courts to impose punishment on violators. Finally, AB 2333 would add a provision to clarify that an individual is prohibited from altering any coloration and/or marking that makes an imitation firearm clearly identifiable."
2) Background: According to information provided by the author, "The BB device category of imitation firearms includes any instrument that expels a projectile through the force of air pressure, gas pressure, and/or spring action, and includes traditional BB guns, pellet guns, paintball guns, and airsoft guns. In 2008, Governor Schwarzenegger signed into law AB 352 (Statutes of 2008, Chapter 422), which added public schools, colleges, and universities to the existing list of public locations where openly displaying an imitation firearm is prohibited. However, since then, the realism in appearance of these devices has continued to evolve such that the statute pertaining to school grounds no longer effectively covers all of the various types of imitation firearms.
"Current law governing the possession of imitation firearms on school grounds is inconsistent regarding the types of devices and projectiles prohibited. Penal Code Section 626.10(a)(1) applies only to metallic projectiles, and therefore excludes imitation firearm devices that shoot plastic projectiles (e.g. airsoft, plastic pellets, or paintballs). This inconsistency in the law creates confusion, and would allow for an assertion that devices that expel non-metallic pellets are permitted on school grounds.
"In 1988, Congress defined imitation firearms for the purposes of commerce based on distinctive markings, but California has not yet adopted these federal provisions as applied to the coloration of muzzles and barrels on these devices. This has led to conflicts in the law regarding the necessity of blaze orange markings on the exterior surface of various imitation firearms.
"Additionally, public safety officials have expressed concerns that minors and their guardians often fail to observe existing imitation firearm laws because there lacks an enforceable punishment for compliance. It is unlawful to store firearm weapons where a child is likely to gain access to the weapon, but there lack a similar penalty to ensure safe storage of imitation firearms. There have been documented cases where a child has brought and displayed imitation firearms in academic settings, which has caused other students and teachers to reasonably fear for their safety and security. Law enforcement representatives have suggested that civil, not criminal, penalties are more effective punishments to apply on adults whose negligent actions result in a minor obtaining unlawful possession of an imitation firearm.
"Finally, while imitation firearm manufacturers have complied with existing federal and state law, the law is ambiguous with regards to owners themselves on the removal or alteration of color and/or markings on the barrels of imitation firearms. When owners modify the statutorily-mandated imitation firearm identifiers, law enforcement personnel may respond to this as a perceived threat and as if the imitation firearm was an actual firearm weapon, leading to tragic consequences."