THIS WILL ALSO APPLY TO PAINTBALL!!!
In summary:
Currently, there is a $10,000 fine for the sale or transport of "imitation firearms" in the state of California. An "imitation firearm" is anything a reasonable person might perceive as a firearm, however, "BB devices" including paintball guns are currently excepted from this law.
The California Legislature is considering Senate Bill 798, which would remove the exception for "BB devices", including paintball guns. The result is that the sale or transfer of any paintball gun that is not entirely white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple could result in a $10,000 fine.
Preventing this bill from passing is important to all paintball players.
Because the entire surface of the device - potentially including your barrel, tank and hopper on an assembled gun - must be brightly colored, virtually no current paintball gun would be legal if this bill were passed.
State legislators also often copy bills passed by other states. If this bill is passed in California, it makes it much more likely that legislators in other states will attempt to pass similar legislation.
What can you do?
Most importantly, when communicating about this issue, be respectful of those you are speaking with, especially state legislators. Legislators want to hear your opinion, but you will have a much greater impact when communicating in a respectful manner.
SB 798 is currently in front of the California Assembly Committee on Public Safety. There are 7 Assembly Members on this committee, and their contact information is below. We want to make sure these assembly members are informed about why it is not necessary to include paintball guns in this law, why paintball is an important activity for you, and how this bill negatively impacts your ability to play paintball.
A form letter you can use to contact legislators should be available very soon. If you write your own letter, state that you are opposed to Senate Bill 798 because it would affect paintball guns, explain how the bill would negatively impact you, be sure to note that you are over 18 or have your parent or guardian sign in support of your letter if you are under 18, and if you live in California, make sure you include where in California you live.
Make sure to be overwhelmingly polite. Being rude in any way could very well hurt all of paintball.
Bill Author:
Senator Kevin De Leon
State Capitol
Room 5108
Sacramento, CA 95814
(916) 651-4022
Fax (916) 327-8817
Email: senator.deleon@sen.ca.gov
California Assembly Committee on Public Safety:
Assemblymember Tom Ammiano, Chair
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0013
Tel: (916) 319-2013
Fax: (916) 319-2113
Email: http://asmdc.org/members/a13/ (click Contact Tom)
Assemblymember Steve Knight, Vice-Chair
State Capitol
Sacramento, CA 95814
(P) (916) 319-2036
(F) (916) 319-2136
Email: http://arc.asm.ca.gov/member/36/?p=email
Assemblymember Gil Cedillo
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0045
Tel: (916) 319-2045
Fax: (916) 319-2145
http://asmdc.org/members/a45/ (click Contact Gil)
Assemblymember Curt Hagman
State Capitol
Sacramento, CA 95814
916-319-2060
916-319-2160 fax
Email: http://arc.asm.ca.gov/member/60/?p=email
Assembly Member Jerry Hill
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0019
Tel: (916) 319-2019
Fax: (916) 319-2119
Email: http://asmdc.org/members/a19/ (Click Contact Jerry)
Assemblymember Holly Mitchell
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0047
Tel: (916) 319-2047
Fax: (916) 319-2147
Email: http://asmdc.org/members/a47/ (Click Contact Holly)
Assemblymember Nancy Skinner
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0014
Tel: (916) 319-2014
Fax: (916) 319-2114
Email: http://asmdc.org/members/a14/ (Click Contact Nancy)
SB 798, as amended, De León. Firearms: BB devices: imitation firearms.
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 but 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. Existing law regulates the sale of BB devices and imitation firearms and makes it a misdemeanor for any person to change, alter, remove, or obliterate any coloration or marking that is required by any applicable state or federal law or regulation for any imitation firearm. Existing law further defines a handgun to be a pistol, revolver, or other firearm capable of being concealed upon the person. 97This bill would require, except as specified, every BB device and imitation firearm that appears to be a handgun that has a barrel less than 16 inches in length to have the entire exterior surface of the device white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominate color in combination with other colors in any pattern, or be constructed of transparent or translucent materials that permit unmistakable observation of the device’s complete contents.
This bill would make the provision imposing a civil fine on the sale, manufacture, transportation, receipt, or distribution of imitation firearms for commercial purposes applicable to BB devices.
Vote: majority.
Appropriation: no.
Fiscal committee: no.
State-mandated local program: no
SECTION 1. 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: 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 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.[/QUOTE]
