LEGISLATIVE ALERT – IMMEDIATE ACTION NEEDED!
NEW PROPOSED LEGISLATION, SB 1315 (DE LEON, D-LOS ANGELES),
WOULD ALLOW SEVERE LOCAL GOVERNMENT RESTRICTIONS ON AIRSOFT, BB AND PELLET GUNS, BUT NOT PAINTBALL GUNS!
SB 1315 WOULD PROVIDE A STATE SPONSORED UNFAIR MARKETING ADVANTAGE TO THE PAINTBALL INDUSTRY OVER THE MANUFACTURERS AND OWNERS OF THE OTHER BB DEVICE PRODUCTS!
THIS BILL WILL LIKEY RESULT IN LOCAL ORDINANCES THAT VIOLATE SPECIFIC FEDERAL PROHIBITIONS AGAINST STATE AND LOCAL BB DEVICE LAWS. IF IT PASSES, SB 1315 WILL RESULT IN COSTLY LAWSUITS!
YOUR IMMEDIATE ACTION IS NEEDED TO SAVE AIRSOFT, BB, AND PELLET GUNS FROM UNJUST, OVERLY RESTRICTIVE LOCAL LAWS!!!!
SB 1315 (De León) Imitation firearms: County of Los Angeles (As Amended 3/29/12) – Would repeal the current state preemption over local laws affecting the manufacture, sale, possession or use of Airsoft, BB, or pellet guns in the City of Los Angeles and in any city located within Los Angeles County. It would allow each local government to adopt its own different local ordinances!
PAINTBALL GUNS WOULD NOT BE AFFECTED!
The lobbyist for paintball guns, past Assembly Speaker Fabian Nunez, and the Mayor of Los Angeles, Antonio Villaraigosa, also a past member of the legislature, are good friends. The Mayor is the only listed supporter of SB 1315 in the Senate Public Safety Committee analysis of the bill and the L.A. City Police Chief is listed as its sponsor. This bill has the earmarks of favors for special interests written all over it!
MAJOR POINTS OF OPPOSITION:
* The affected BB device guns are widely used to train youth and other prospective shooters in the safe handling, operation, and use of guns. It is only after successfully completing such training that they are trained using real firearms. SB 1315 could stop much of this valuable training!
* Since Airsoft guns, BB guns, and pellet guns may be transported through several different cities while traveling from a person’s home to a place where they may be used, such as a recreational shooting facility, statewide uniformity of laws is of critical importance! If each local city had its own different laws, a person could easily and unknowingly be in and out of violation while driving en route!
* The need for statewide uniformity of laws affecting the possession and use of BB devices is clear. Local laws affecting their manufacture, sale, possession, or use are not appropriate. Furthermore, differing local laws would cause public confusion relative to what is or is not permitted!
* SB 1315 would provide an opportunity for, and result in, the implementation of inconsistent, unfair, and unduly restrictive local laws. That is why the current law, Government Code Section 53071.5, was enacted in the first place and why it must not be repealed for any reason. Statewide uniformity is critical!
* Federal law treats all BB devices essentially the same way. SB 1315 would break BB devices into two categories, each being treated differently. The categories are: 1) paintball guns and 2) all other BB devices. By dividing BB devices in this manner, SB 1315 may be in conflict with federal law.
* Federal law specifically preempts many of the local laws that SB 1315 would allow local governments to pass. It could result in the passage of illegal local laws!
* This bill contains an exemption for paint ball guns. It would provide a marketing advantage to paint ball gun manufacturers over manufacturers and owners of the other BB devices. It exempts paintball guns by limiting its scope only to BB devices that shoot projectiles 16mm or less in diameter. Paintball guns shoot projectiles over 16mm in diameter and thus they would not be restricted by the bill!
SB 1315 was passed earlier this week by the Senate Public Safety Committee and sent to the Senate Floor where there will be a vote on it very soon. Time is short.
HOW TO CONTACT SENATORS IN OPPOSITION TO SB 1315:
Please contact as many members of the California State Senate as you can right away. Let them know you are opposed to SB 1315 and ask them to vote “no” when SB 1315 has its hearing on the Senate Floor!
If you live in their senate district be sure to tell them that you live there and that they represent you.
WEBSITE FOR FINDING EACH SENATOR’S COMPLETE CONTACT INFORMATION:
TO FIND WHO YOUR SENATOR IS BY YOUR ZIP CODE:
Additional Related Resources:
Amended Senate Bill 1315
Senate Committee on Public Safety Analysis of SB1315
2012 Tentative Legislative Calendar
Please Note: An item in the body of text that is underlined and in blue ink is an embedded link. Holding the Control Key and clicking with your mouse on the links in this Alert will take you to SB 1315 and to contact information for your senator.