BILL NUMBER: AB 2333 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Solorio
FEBRUARY 24, 2012
An act to amend Sections 626.10, 16700, and 20150 of, and to add
Section 19920 to, the Penal Code, relating to imitation firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2333, as introduced, Solorio. BB devices: imitation firearms.
(1) Existing law provides that any person who brings or possesses
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 upon the grounds of any grades K--12, inclusive, school is
guilty of a public offense, punishable as a misdemeanor or a felony.
This bill would revise these provisions to provide that the public
offense is committed by any person who brings or possesses 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 upon the grounds of any grades K--12,
inclusive, school. By expanding the definition of a crime, this bill
would impose a state-mandated local program.
(2) Existing law defines "BB device" to mean 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.
Existing law defines "imitation firearm" to mean 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. Existing law provides that a BB device is not an imitation
firearm in regard to a provision imposing a civil fine on the sale,
manufacture, transportation, receipt, or distribution of imitation
firearms for commercial purposes.
This bill would clarify the definition of "imitation firearm" to
mean a BB device, toy gun, replica of a firearm, or other device that
is so substantially similar in overall appearance to an existing
firearm, as specified. The bill would recast the definition of BB
device for purposes of the exemption from the civil fine described
above by including within the exemption 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, and a BB device other than one of those
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, as specified.
(3) Existing law provides that furnishing a BB device to a minor
without the express or implied consent of the minor's parent or legal
guardian is a misdemeanor.
This bill would provide that any person who keeps a BB device
within any premises that is under the person's custody or control,
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 legal guardian, and a minor obtains access to that BB device and
thereafter carries the BB device off-premises, is subject to
specified civil penalties.
(4) Existing law provides that anyone who changes, alters,
removes, or obliterates any coloration or markings that are required
by state or federal law for any imitation firearm or BB device in a
way that makes the imitation firearm or BB device look more like a
firearm, is guilty of a misdemeanor.
This bill would clarify that coloration or markings includes any
color permanently affixed to the exterior surface of the barrel,
covering the circumference of the barrel beginning at the muzzle end.
(5) 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 626.10 of the Penal Code is amended to read:
626.10. (a) (1) Any person, except a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, razor with an unguarded blade, taser, or
stun gun, as defined in subdivision (a) of Section 244.5, any
instrument that expels a metallic projectile
, such as a BB or a pellet, not exceeding 6mm caliber,
through the force of air pressure, CO 2
gas 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 any of grades 1 to 12, inclusive, is
guilty of a public offense, punishable by imprisonment in a county
jail not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.
(2) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses a razor blade or a box cutter
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year.
(b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 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 a
county jail not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.
(c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches, a razor
with an unguarded blade, a razor blade, or a box cutter upon the
grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, or
any private university, state university, or community college at the
direction of a faculty member of the private university, state
university, or community college, or a certificated or classified
employee of the school for use in a private university, state
university, community college, or school-sponsored activity or class.
(d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, a razor with an unguarded blade, a razor blade, or a box
cutter upon the grounds of, or within, a public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, or any private university, state university, or community
college for a lawful purpose within the scope of the person's
employment.
(e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
(f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such
, as a BB or a pellet, not exceeding 6mm caliber,
through the force of air pressure, CO 2
gas pressure, or spring action, or any spot marker gun, or any
razor blade or box cutter upon the grounds of, or within, a public
or private school providing instruction in kindergarten or any of
grades 1 to 12, inclusive, if the person has the written permission
of the school principal or his or her designee.
(g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
(h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
(i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 16780, or a
stun gun, as defined in Section 17230, upon the grounds of or within,
a public or private college or university campus is guilty of a
misdemeanor.
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 BB device.
(3) (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.
(B) A BB device that is not described by subparagraph (A) 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 six millimeters in compliance with
Section 5001 of Title 15 of the United States Code and Section
1150.3(b) of Title 15 of the Code of Federal Regulations.
(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, 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.
SEC. 3. Section 19920 is added to the Penal Code, to read:
19920. (a) Any person who keeps a BB device within any premises
that are under the person's custody or control, 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 legal
guardian, and a minor obtains access to that BB device and thereafter
carries the BB device off-premises, is subject to the following:
(1) For the first instance, a civil fine not to exceed two hundred
fifty dollars ($250) or be required to successfully complete a
course of instruction applicable to BB devices that includes the
principles of safe handling and storage, or both the fine and
successfully completing the course of instruction.
(2) For the second instance, a civil fine not to exceed five
hundred dollars ($500) or be required to successfully complete an
advanced course of instruction applicable to BB devices that includes
the principles of safe handling and storage, or both the fine and
successfully completing the course of instruction.
(3) For a third or subsequent instance, a civil fine not to exceed
one thousand dollars ($1,000) or a requirement to perform community
service, or both that fine and community service.
(b) As used in this section, "off-premises" means premises other
than the premises where the BB device was stored.
SEC. 4. Section 20150 of the Penal Code is amended to read:
20150. (a) Any person who changes, alters, removes, or
obliterates any coloration or markings , including any color
permanently affixed to the exterior surface of the barrel, covering
the circumference of the barrel beginning at the muzzle end,
that are required by any applicable state or federal law or
regulation, for any imitation firearm, or any device described in
subdivision (b) of Section 16700, in a way that makes the imitation
firearm or device look more like a firearm, is guilty of a
misdemeanor.
(b) This section does not apply to a manufacturer, importer, or
distributor of imitation firearms.
(c) This section does not apply to lawful use in theatrical
productions, including motion pictures, television, and stage
productions.
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.