BB devices.

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, commencing January 1, 2016, 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 all BB devices from the definition of imitation firearm for these purposes. This bill would, commencing January 1, 2016, make BB devices that expel a projectile, such as a BB or a pellet, that is 6 millimeters or 8 millimeters in caliber subject to that prohibition unless the devices meet specified coloration requirements, and would exclude spot marker guns that expel a projectile larger than 10 millimeters in caliber from the prohibition. 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 cross-reference to the federal provisions. 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.