Senate Bill 199 was introduced by state Sen. Kevin de León, D-Los Angeles, now the Senate president pro tem. It was passed last year and signed into law by Gov. Jerry Brown. It targeted BB and pellet guns, mandating bright colors meant to distinguish them from “real” guns. First implemented in January, the so-called Imitation Firearms Safety Act has been working its way slowly across the state.

But it has aroused particular disbelief among police on the one hand and hobbyists on the other.

According to a statement from de Leon’s office, the well meaning legislation sought to:

“Help law enforcement distinguish toy guns from the real thing when they are confronted with youngsters brandishing play firearms. Currently toy guns such as airsoft and BB guns are not included in California’s legal definition of imitation weapons. SB199 requires these look-a-likes to have their entire exterior surface painted a bright color, or to feature florescent strips in salient parts of the gun to make them easily distinguishable.”

Support for SB199 gathered in response to the kind of police altercation that makes headlines — armed but mistaken confrontations with minors. Recently, two LAPD officers fired on a South L.A. teenager holding a replica thought to be a handgun. Although the teen was not wounded, a nearby 15-year-old was.

While pellet gun hobbyists have balked at the legislation — popular Airsoft guns base their appeal on their realistic look and feel — gun manufacturers and police unions have registered even stronger opposition. As the Los Angeles Times reported, they have long claimed “the law will do little to prevent mistaken shootings and could actually make things more confusing for officers who must make split-second decisions whether to fire or not.”

In the summer of 2013, the Los Angeles Police Protective League, an LAPD union, warned the city of Los Angeles against similar regulations under municipal consideration. League President Tyler Izen pulled no punches:

“This is a horrible idea that may cause officers to hesitate when confronted with a colored rifle when we already know that fully operable handguns and rifles have been painted bright colors.”

In a dramatic demonstration of Izen’s objections, a quick search for pink firearms at the website GunsAmerica.com yielded over 250 results, including both handguns and rifles that incorporate the kind of vibrant, telltale coloration required by SB199.

Microstamping guns

The second bill is AB1471. It was signed into law in 2007 by Gov. Arnold Schwarzenegger, a Republican. It sought to reduce crime through “microstamping,” a process that would theoretically enable law enforcement to trace every cartridge left at the scene of a crime back to the gun from which it came.

AB1471 did not take effect until 2013. It since has became the subject of intense litigation in the courts. And now, a key decision from a district court judge has pushed the case further up the judicial food chain. Recently handed an adverse ruling in the form of a summary judgment against them, the anti-microstamping plaintiffs have appealed the judge’s decision to the Ninth Circuit Court of Appeals. Expectations have hardened that the case could continue to rise, on appeal, all the way to the U.S. Supreme Court.

The terms of AB1471 required firearms manufacturers “to engrave the serial number in the gun’s chamber so that it becomes stamped on each bullet as it is fired,” as the San Francisco Chronicle reported. Although law enforcement groups did support the law, Attorney General Kamala Harris did not authorize its implementation until she was convinced two years ago the necessary technology was available.

Gun manufacturers, however, vehemently disagreed the necessary process was feasible. As a result, Fox News reported, new models of firearms have begun to disappear from California stores:

“Since the law took effect in 2013, no manufacturer has made a new firearm that complies with the requirement. Two major manufacturers, Smith & Wesson and Sturm, Ruger & Co., announced last year they would stop selling new firearms in the California market, and blamed the microstamping law. The technology has been demonstrated, but gunmakers say requirements that each new model, or even modification, must be re-tested for compliance makes the entire scheme unworkable.”

The controversy led to accusations that microstamping would effectively phase out ownership of new guns in California.

On Jan. 28, the California Senate passed Senate Bill 199, by state Sen. Kevin de Leon, D-Los Angeles. The vote was 23 to 8. The bill would require BB and airsoft guns to be painted bright colors to make them “readily identifiable” so law enforcement officers could distinguish them from real firearms.

Police shooting of 13-year-old

In the Senate debate on Jan. 23, de Leon addressed the recent shooting death of 13-year-old Andy Lopez in Santa Rosa, who was carrying an airsoft BB replica of an AK-47 automatic rifle.

“Law enforcement officers have extreme difficulty distinguishing between the real thing and what is fake,” de Leon said. “This is about saving lives.”

Sen. Steve Knight, R-Lancaster, disagreed. The former Los Angeles police officer said, “Today a brand new 9 millimeter gun can look like a toy. A brightly colored gun isn’t necessarily a toy. Are we going to write a bill when a police officer gets shot by a real gun painted bright orange?”

“The tragedy has rocked Santa Rosa and Sonoma County to its very core,” said Sen. Noreen Evans, D-Santa Rosa, a co-author of the bill. “A toy should look like a toy. A toy should not get a child killed.”

Santa Rosa police said that Lopez’ airsoft gun did not have the required orange marker.

Similar incidents have occurred elsewhere in America. In 2012, police fatally shot a Texas eighth-grader who was carrying a pellet gun resembling a black Glock. In 2011, Miami police shot and killed a man carrying a realistic-looking replica gun.

However, bright colored firearms — real guns — already exist. There are bright pink Glocks, white AR15s, pretty pearl-handled revolvers, Burberry print rifles and even a 9 millimeter with a leopard print grip — all designed to appeal to women.

For many years gang members, and some suspected narcotics dealers near the border with Mexico, have painting their weapons to resemble airsoft weapons.

The bad guys

“The problem is, we can’t control the bad guys from painting their weapons,” said Sen. Joel Anderson, R-San Diego. “If this bill was about educating our youth how to react to law enforcement, I’d support it.”

Anderson told a story about a man in San Diego apprehended by police. He came at officers with a trowel — and they shot and killed him.

“The bill puts false hope out there,” Anderson said.

Airsoft is a sport

Redding resident T.J. Armstrong is an airsoft enthusiast. “It’s a community sport,” Armstrong said. “It is a father-son sport.”

Armstrong plays on an all father-son team in Redding and told CalWatchdog.com what SB199 will do to the sport. “This bill just kills another sport and successful industry,” he said.

Armstrong said the area property he uses was a local eyesore. So his team asked the property owner if they could use the land for airsoft sporting in exchange for a huge cleanup and ongoing maintenance of the land.

Now, not only do all of the airsoft players in Redding use the field, local police and sheriffs participate for training and ongoing exercises.

Armstrong said that if SB199 becomes law, it will shutter many businesses and thousands of people will lose their jobs. “This bill will not improve public safety at all,” he said.

Specifics

Specifically, SB199 would require that all toy guns, replica guns and BB guns be painted bright orange, purple, red, blue, green and yellow colors.

And in would make it illegal to own all weapons that shoot a 6 mm BB. “No more Red Ryder Daisy BB Guns, no more Pellet Guns, no more Airsoft guns,” Armstrong said.

Armstrong provided a partial list of of groups and businesses located throughout the state of California that would be affected:

AirsoftGI

Airsoft Megastore

Evike.com

Airsplat

U.S. Airsoft

Fort Ord

CQB City

Shorty Airsoft

Lion Claws

Airsoft Extreme

DogTag Airsoft

And the communities which have active Airsoft facilities:

Redding Area Airsoft

The Shadow Legion Airsoft Team

The Jefferson State Regulators Airsoft Team

U.S. Airsoft Team

The Misfits Airsoft Team

The SMS Airsoft Team

Sacramento Airsoft

Butte County Regional Airsoft

Easy Company Airsoft

Airsoft Craigslist

Sutter Yuba Airsoft

Airsoft World Wide

Magpul Masada PTS

Phantom Force Airsoft

Susanville Airsoft Squad S.A.S.

Polarstar Airsoft Owners’ Group

I Play Airsoft

PTW Sales & Forum

BoE Airsoft

The Airsoft Exchange