There has been LOTS
of talk lately about the controversy over California's Senate Bill -
SB199. The purpose of this post is to (hopefully) clear up what its all
about and the possible ramifications to the sport if it were to pass.
~So to get us started, let's see the bill in its entirety~
Amended in Senate
January 6, 2014
Senate
Bill
No. 199
Introduced by Senator Senators De León, Evans and Wolk
(Principal coauthors:
Assembly Members Chesbro, Levine, and Yamada)
February 7, 2013
An
act to amend Sections 1230 and 1230.1
16250 and 16700 of the Penal Code, relating to BB Devices.
LEGISLATIVE COUNSEL’S
DIGEST
SB 199, as amended,
De León. Probation: community corrections.
BB devises
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 BB
devices from the definition of imitation firearm for these purposes.
This bill would include BB devices
within the definition of imitation firearm for purposes of that prohibition,
but would exclude spot marker guns that expel a projectile larger that 10
millimeters in caliber.
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.
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.
Existing
law authorizes each county to establish a Community Corrections Performance
Incentives Fund to receive state moneys to implement a community corrections
program consisting of a system of felony probation supervision services to,
among other things, manage and reduce offender risk while under felony
probation supervision and upon reentry from jail into the community. Existing
law requires a community corrections program to be implemented by probation and
advised by a local Community Corrections Partnership, consisting of specified
members, including, but not limited to, the sheriff and a chief of police.
Existing law requires a Community Corrections Partnership to recommend a local
plan to the county board of supervisors for the implementation of public safety
realignment.
This
bill would add a rank-and-file deputy sheriff or a rank-and-file police
officer, and a rank-and-file probation officer or a deputy probation officer,
each to be appointed by a local labor organization, to the membership of a
Community Corrections Partnership. The bill would require the vote of the
rank-and-file deputy sheriff or rank-and-file police officer, and the
rank-and-file probation officer or a deputy probation officer, on the local
plan.
Vote: majority.
Appropriation: no. Fiscal committee: no yes State-mandated
local program: no yes
The people of the State of California
do enact as follows:
P2
1
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 not
exceeding
6mm caliber,
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
1device 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 spot marker gun which expels a projectile that
is greater than 10mm caliber.
