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Old 05-28-2011, 07:22 PM #1
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Impending Paintball Legislation that could affect us all - C.a S.b 798

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)[/quote]

THIS WILL ALSO APPLY TO PAINTBALL!!!


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.

19920. Except as authorized in this part, every BB device that appears to be a handgun that has a barrel less than 16 inches in length shall have the entire exterior surface of the device be 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.

SEC. 2. Section 20153 is added to the Penal Code, to read: 20153. Except as authorized in this part, every imitation firearm that appears to be a handgun that has a barrel less than 16 inches
in length shall have the entire exterior surface of the device be 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.
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Last edited by jamesrules89 : 06-08-2013 at 07:41 PM.
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Old 05-28-2011, 07:57 PM #2
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so basicly it says anything that Looks like a Real firearm Cant be Black...

it wont effect Normal paintball markers
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Old 05-28-2011, 08:10 PM #3
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Quote:
Originally Posted by Physcojosh View Post
so basicly it says anything that Looks like a Real firearm Cant be Black...

it wont effect Normal paintball markers
May affect certain milsim style guns if paintball guns are indeed considered "BB devices" as defined by state law.
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Old 05-28-2011, 08:14 PM #4
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Any spot marker gun...

Talking about a Paintball gun. This is lame.
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Old 05-28-2011, 08:14 PM #5
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Originally Posted by Physcojosh View Post
So basically it says anything that looks like a real firearm can't be black.

It won't effect normal paintball markers.
To us, a paintball marker is nothing like a firearm. They use different means of firing, different types of ammunition, and yes, look nothing like a firearm, due to hoppers and air tanks. But to millions of soccer moms, they see markers as guns for the simple reason that it shoots something, which makes them evil. This bill is already up for a vote, and I see nothing stopping it from passing. I live in Illinois, so you might say "How will this effect you?". My answer can be given by using the example of ANSgear.com. If I buy a marker from them, they have to comply with California law, which means my marker must be a neon color. Would I care, not really, because I have Duracoat in my garage, but that does not invalidate the fact that I am effected by California law.

Also, you forgot about the entire world of woodsball. You may or may not be involved in it, but I don't think anyone trying to blend in would like a gun painted in hot pink. And I'll leave you with this:
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Old 05-28-2011, 09:27 PM #6
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I'd rock that all day long^^^, but I play xball... I hope this does not happen for the people in our sport that would actually be effected by it.
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Old 05-28-2011, 09:35 PM #7
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If you wouldn't read you'd have seen it only said handgun, and classified a handgun as something that could be easily conceled on a person... Idk about you guys but my dm8 doesn't fit tucked into my belt...
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Old 05-28-2011, 09:42 PM #8
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Junior Brown posted it on a CA forum (ballerscafe) stating it will affect paintball.

Not too sure myself though.
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Old 05-28-2011, 09:48 PM #9
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Quote:
Originally Posted by Homelessballerz View Post
If you wouldn't read you'd have seen it only said handgun, and classified a handgun as something that could be easily conceled on a person... Idk about you guys but my dm8 doesn't fit tucked into my belt...
Quote:
Originally Posted by jamesrules89 View Post
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.
That could potentially have implications for, say, a Tippmann X7 Phenom with a 14" barrel. Way bigger potential problem for the milsim crowd where realism is the name of the game.
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Old 05-28-2011, 09:58 PM #10
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regardless of whether or not *this* bill effects paintball (it seems to read that it will) the *next bill* WILL effect paintball. They are tired of restricting real guns so now they're going after stuff that looks like real guns. I would rather have them require buyers to be 18 and users under 18 to be directly supervised by a parent then to require bright colors etc (even though I play woodsball and primarily use a bright red automag).
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Old 05-28-2011, 10:08 PM #11
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by definition it will end up affecting paintball markers. Honestly you have to look at the reasoning for this law. It isnt to make the markers less desired it is to protect those that are using them. I'll use bb guns as an example, person A is carrying a bb gun and lets say he is acting aggressive to a police officer and he tries to be a more aggressive by pulling the bb gun out. Now the police officer is forced to act (he may not know that the gun is just a simple bb gun). This could lead to any amount of bad situations.

I honestly see this as a good thing in the end.
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Old 05-28-2011, 11:16 PM #12
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Remember everyone, paintball has its majority in woodsball. Woodsball and airsoft in CA will literally be killed by this bill. When the time comes, vote "No." This is the same idiot senator who's proposing all the ammo laws and gun control crap. All these laws do are impose upon the law abiding citizens.
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Old 05-28-2011, 11:37 PM #13
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Old 05-28-2011, 11:46 PM #14
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Quote:
Originally Posted by Alted4

To us, a paintball marker is nothing like a firearm. They use different means of firing, different types of ammunition, and yes, look nothing like a firearm, due to hoppers and air tanks. But to millions of soccer moms, they see markers as guns for the simple reason that it shoots something, which makes them evil. This bill is already up for a vote, and I see nothing stopping it from passing. I live in Illinois, so you might say "How will this effect you?". My answer can be given by using the example of ANSgear.com. If I buy a marker from them, they have to comply with California law, which means my marker must be a neon color. Would I care, not really, because I have Duracoat in my garage, but that does not invalidate the fact that I am effected by California law.

Also, you forgot about the entire world of woodsball. You may or may not be involved in it, but I don't think anyone trying to blend in would like a gun painted in hot pink. And I'll leave you with this:
I wasn't neglecting anything, I should have been more clear by when I said normal I was referring to Speedball markers , which are generally Flashy , and not woods/milsim.

It will defineatly affect new sales in the woodsball market.
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Old 05-28-2011, 11:55 PM #15
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What state is that in?
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Old 05-28-2011, 11:57 PM #16
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What state is that in?
California.
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Old 05-29-2011, 01:17 AM #17
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glad I dont live in commifornia, regardless hope this bill gets voted down for all the california ballers.
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Old 05-29-2011, 01:20 AM #18
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Quote:
Originally Posted by wildcat65gt500 View Post
by definition it will end up affecting paintball markers. Honestly you have to look at the reasoning for this law. It isnt to make the markers less desired it is to protect those that are using them. I'll use bb guns as an example, person A is carrying a bb gun and lets say he is acting aggressive to a police officer and he tries to be a more aggressive by pulling the bb gun out. Now the police officer is forced to act (he may not know that the gun is just a simple bb gun). This could lead to any amount of bad situations.

I honestly see this as a good thing in the end.

I could not disagree with you more on this just on two basic principles I have.

1 laws that are em-placed to save us from ourselves which is what i feel like this is. Goes against the basic principle's of this republic.

2 California is full of tards I don't mean the overall resident's of the great state I lived there for almost two years its a beautiful state with the best weather ever but the legislature of that state is just ridiculous.
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Old 05-29-2011, 02:23 AM #19
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Why does everybody seem to think this bill affects Milsim or woods ball at all? So T8s and those stupid Kingman pistols will have to be a bright color now, woooo. Your X7 isn't affected by the law....
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Old 05-29-2011, 03:08 AM #20
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Why does everybody seem to think this bill affects Milsim or woods ball at all? So T8s and those stupid Kingman pistols will have to be a bright color now, woooo. Your X7 isn't affected by the law....
Your scholarly legal advice aside, that's hardly beyond the realm of possibility since a lot of milsim type guns, X7 included, have barrels under 16 inches in length and can be concealed and/or mistaken for a pistol-style firearm relatively easily - especially when they are stripped of a tank and hopper. It may take a legal challenge to determine with more specificity what is covered and what is not. Until then I would want to err on the side of caution as a manufacturer or distributor in CA.
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Old 05-29-2011, 03:59 AM #21
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Originally Posted by dr.strangelove View Post
Your scholarly legal advice aside, that's hardly beyond the realm of possibility since a lot of milsim type guns, X7 included, have barrels under 16 inches in length and can be concealed and/or mistaken for a pistol-style firearm relatively easily - especially when they are stripped of a tank and hopper. It may take a legal challenge to determine with more specificity what is covered and what is not. Until then I would want to err on the side of caution as a manufacturer or distributor in CA.
When was the last time you saw a paintball marker built to resemble an assault rifle that looked anything like a handgun? The law only covers handgun imitations, not rifle-type markers.
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