California Senate Bill SB1315 Amended / Bill

 BILL NUMBER: SB 1315AMENDED BILL TEXT AMENDED IN SENATE MARCH 29, 2012 INTRODUCED BY Senator De Len FEBRUARY 23, 2012 An act to amend Section 53071.5 of the Government Code, relating to imitation firearms. LEGISLATIVE COUNSEL'S DIGEST SB 1315, as amended, De Len. Imitation firearms: regulation: County of Los Angeles. Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles, as specified. Existing law defines "imitation firearm"  to include a "BB device" and defines a "BB device," for specified purposes, to include any spot marker gun   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  . This bill would provide an exception to those provisions by authorizing the County of Los Angeles, or any city within the County of Los Angeles, to enact and enforce an ordinance or resolution  regulating the manufacture, sale, possession, or use of a spot marker gun that expels a projectile larger than 16mm   that is more restrictive than state law regulating the manufacture, sale, possession, or use of 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 and that expels a projectile that is no more than 16 millimeters in diameter . 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 53071.5 of the Government Code is amended to read: 53071.5. (a) By the enactment of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined in subdivision (a) of Section 16700 of the Penal Code, and that subdivision shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles described in Section 16250 of the Penal Code. (b) Notwithstanding subdivision (a), the County of Los Angeles, and any city within the County of Los Angeles, may enact and enforce an ordinance or resolution  regulating the manufacture, sale, possession, or use of a spot marker gun that expels a projectile larger than 16mm.   that is more restrictive than state law regulating the   manufacture, sale, possession, or use of any BB device, toy gun, replica of a firearm, or other device that meets both of the following requirements:   (1) The device 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) The device expels a projectile that is no more than 16 millimeters in diameter.