The controversy over California's Senate Bill - SB199

 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

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Introduced by Senator Senators De León, Evans and Wolk

(Principal coauthors: Assembly Members Chesbro, Levine, and Yamada)

February 7, 2013

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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.

(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

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.

SECTION 1.  

Section 1230 of the Penal Code is amended to read:

1230.  

(a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives
Fund (CCPIF), to receive all amounts allocated to that county for
purposes of implementing this chapter.

(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the
fund, for the implementation of the community corrections program
authorized by this chapter.

(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community
Corrections Partnership.

(2) The local Community Corrections Partnership shall be
chaired by the CPO and comprised of the following membership:

(A) The presiding judge of the superior court, or his or her designee.

(B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.

(C) The district attorney.

(D) The public defender.

(E) The sheriff.

(F) A rank-and-file deputy sheriff or a rank-and-file police
officer, appointed by the local labor organization.

(G) A chief of police.

H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.

(I) The head of the county department of social services.

(J) The head of the county department of mental health.

(K) The head of the county department of employment.

(L) The head of the county alcohol and substance abuse
programs.

(M) The head of the county office of education.

(N) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.

(O) An individual who represents the interests of victims.

(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs,
as defined in subdivision (d) of Section 1229, which may include,
but are not limited to, the following:

(A) Implementing and expanding evidence-based risk and needs
assessments.

(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative
justice programs, work furlough programs, and incarceration in
county jail for up to 90 days.

(C) Providing more intensive probation supervision.

(D) Expanding the availability of evidence-based rehabilitation
programs, including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.

(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.

(4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received
to evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A
CPO may petition the Administrative Office of the Courts to have
this restriction waived, and the Administrative Office of the Courts
shall have the authority to grant that petition, if the CPO can
demonstrate that the department is already devoting sufficient
funds to the evaluation of these programs and practices.

(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.

SEC. 2.  

Section 1230.1 of the Penal Code is amended to read:

1230.1.  

(a) Each county local Community Corrections
Partnership established pursuant to subdivision (b) of Section 1230
shall recommend a local plan to the county board of supervisors
for the implementation of the 2011 public safety realignment.

(b) The plan shall be voted on by an executive committee of
each county’s Community Corrections Partnership consisting of
the chief probation officer of the county as chair, a chief of police,
the sheriff, a rank-and-file deputy sheriff or a rank-and-file police
officer, the district attorney, the public defender, the presiding
judge of the superior court, or his or her designee, a rank-and-file
probation officer or a deputy probation officer, and one department
representative listed in either subparagraph (I), (J), or (L) of
paragraph (2) of subdivision (b) of Section 1230, as designated by
the county board of supervisors for purposes related to the
development and presentation of the plan.

(c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of four-fifths
of the board, in which case the plan goes back to the Community
Corrections Partnership for further consideration.

(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment
of criminal justice resources in evidence-based correctional
sanctions and programs, including, but not limited to, day reporting
centers, drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs,
victim restitution programs, counseling programs, community
service programs, educational programs, and work training
programs.

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So lets break this down...

"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."

Well so far so good - No selling to minors without the parents permission...

 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.

Here is the first hit - deleting the 6mm limit of the current law

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.

First this sounds like double talk but then it makes sense, by removing the current restriction, they (airsoft guns) are now going to be re-classified as “imitation firearms.” 

 

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.

Now here it comes...

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.

So now (if this passes) Airsoft guns and the " purchasing, selling, manufacturing, shipping, transporting, distributing, or receiving an imitation firearm" would be subject to "a civil fine of not more than $10,000 for a violation of this prohibition." But look at the wording, "but would exclude spot marker guns that expel a projectile larger that 10 millimeters in caliber" Paintball or other markers would be ok if over 10mm....

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.

Wait so now California is deleting the federal laws that define BB guns vs. imatation firearms.

 

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.

And now that state puts the burden of paying for enforcement on the cities and counties. 

 

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.

This sounds like an Airsoft gun to me.

 

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.

So if it looks like the real thing, it will be viewed as the real thing...

(b) As used in Section 20165, “imitation firearm” does not
include any of the following:

Now for the fun! 

(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.

Greater than 10mm - not a “imitation firearm”

 

(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,

Look at the pictures below - Real Firearms! Every one of them!!! This really becomes a joke when you consider that there are already "real" firearms that come in colors...

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

contents.

So the only comply with this proposed law would be to:

1. Have an airsoft gun the in no way appears like an actual gun (open to interpretation).
2. Be clear so that all internal components can be seen. It appears that this would include the magazines as well.
3. Be greater than 10mm in projectile size.  (This would also be open to interpretation) 

 The Bottom Line...

So if passed into law, you would no longer be able to buy, sell, manufacture, ship, TRANSPORT, distribute or receive any airsoft gun in the State of California that doesn't fit the three definitions above.

So who all is affected?

1.  You as the owner of that “imitation firearm.” You would be in violation of the law if you were to do virtually anything but destroy it.
2. ALL Airsoft Companies that do business in the State of California.
3. The employees of any airsoft company.
4. Any mom n pop stores that rely of airsoft products as a part of their sales.
5. Fields and business that host airsoft games and their employees.
6. ANY company that has their products shipped through any port in California. So all shipments would be, by following the letter of the law have to bypass California!
7.  The movie and television industries! You may or my not realize it, but because of the relatively inexpensive prices of airsoft replicas vs real weapons, much of what you see used is actually airsoft replicas! Those industries, their employees and their money will go elsewhere

You might be tempted to say "So what, I don't live in California, that won't affect me!" Listen up! when our sport is affected in one state it hurts us in all. Do you think that prices won't be affected when airsoft companies have to avoid major shipping ports? Do you think that costs associated with movie and television production won't be passed on? If the law is passed in one state it could be passed in them all!!!

So what you can do to help stop this? 

Below is a list of the names and phone numbers of the members of the California State Senate - Call them, share the facts with them, BE POLITE but FIRM! The clock is ticking and we are down to 6 days till the vote.

* The above senate information was provided by Developmental Tactics Airsoft Team

Padre' out...