California 2011-2012 Regular Session Status: Passed Senate

SB 798 — Imitation firearms: regulation.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles, as specified. Existing law defines "imitation firearm" to include a "BB device" and defines a "BB device," for specified purposes, to include any spot marker gun. This bill would narrow those preemption provisions to instead provide that it is the intent of the Legislature to occupy the entire field of regulation of spot marker guns which expel a projectile larger than 16mm, and that no city, county, city and county, or other local government entity may enact any ordinance or resolution prohibiting or regulating the manufacture, sale, possession, or use of any spot marker gun which expels a projectile larger than 16mm.

Bill Text

Action History

  1. From Assembly without further action.

  2. Returned to Chief Clerk pursuant to Joint Rule 62(a).

  3. Set, final hearing. Failed passage in committee.

  4. Joint Rule 62(a) file notice suspended. (Page 2885.)

  5. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  6. Ordered to third reading.

  7. Read third time and amended. (Page 2446.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (July 5).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  11. Set, second hearing. Failed passage in committee. Reconsideration granted.

  12. Set, first hearing. Hearing canceled at the request of author.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  14. Referred to Com. on PUB. S.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 21. Noes 16. Page 8991.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 742.) (April 26).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  20. Set for hearing April 26.

  21. Re-referred to Com. on PUB. S.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 22.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • De León · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • De León

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Failed 3 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3202
Total 3202
% of votes cast 43%29%0%29%
How each member voted (7)
Member Party Vote
Mitchell — Yea
Hagman — Nay
Hill — Yea
Ammiano — Not Voting
Cedillo — Yea
Skinner — Not Voting
Knight — Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hagman — Nay
Mitchell — Yea
Cedillo — Yea
Knight — Nay
Ammiano — Yea
Hill — Yea
Skinner — Yea

Official roll call →

Do pass.

Failed 2 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2500
Total 2500
% of votes cast 29%71%0%0%
How each member voted (7)
Member Party Vote
Mitchell — Yea
Hagman — Nay
Cedillo — Yea
Hill — Nay
Ammiano — Nay
Knight — Nay
Skinner — Nay

Official roll call →

3rd Reading SB798 De León

Passed 21 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 191503
Democratic 2000
Republican 0100
Total 211603
% of votes cast 53%40%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Corbett — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
DeSaulnier — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wyland — Nay
Runner — Nay
Rubio — Not Voting
Negrete McLeod — Not Voting
Cannella — Nay
Fuller — Nay
Harman — Nay
Huff — Nay
Blakeslee — Nay
Correa — Nay
Dutton — Nay
Alquist — Yea
Anderson — Nay
Hernandez — Yea
Walters — Nay
Wright — Not Voting
Emmerson — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Anderson — Nay
Price — Yea
Steinberg — Yea
Harman — Nay
Liu — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 798 do?
Existing law provides that the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined, and that those provisions shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles, as specified. Existing law defines "imitation firearm" to include a "BB device" and defines a "BB device," for specified purposes, to include any spot marker gun. This bill would narrow those preemption provisions to instead provide that it is the intent of the Legislature to occupy the entire field of regulation of spot marker guns which expel a projectile larger than 16mm, and that no city, county, city and county, or other local government entity may enact any ordinance or resolution prohibiting or regulating the manufacture, sale, possession, or use of any spot marker gun which expels a projectile larger than 16mm.
Who sponsors SB 798?
SB 798 is sponsored by De León.
What is the current status of SB 798?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 798?
Track SB 798 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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