BB Gun Felony - Repeal SB 532
Repeal BB Gun Felony SB 532
expands existing prohibitions against willful discharges of a firearm that could result in an injury or death to include discharges of BB devices. Violations of these provisions are punishable as an alternate felony-misdemeanor ("wobbler").
SB199 D Kevin De Leon -Really? stop making non-criminals into criminals; just as the nra guy said, what if grandpa gives the guys' granddaughter his daisy bb gun, which have been around for over a hundred years and guess what!!! still a 'BB Gun; not a fire arm. put it on the manufacturers but not making criminals out of people, someone needs to earn their paycheck and you need to go! you simply didn't cover your basis because you're not out to help folks, just put them in jail.
Unlawful & Unconstitutional
from: Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chairwoman
Regarding Senate Bill (SB) 532 by Torlakson
May 5 2005 at 6:02 PM
"He was helpful in that he revealed the legislation that his "report " is contorted to justify. SB 532. This makes firing a BB gun that ---"could"--- strike some one the same crime as a shooting a .44 magnum at someone. However , although initially stating he would report any mistakes he finished by stating his full understanding of foot pounds energy, stating his (killer benj legacy) claims were valid and correct . Furthermore, he refuse to simply refer to any standard ballistics reference for firearms and airguns. Synopsis of proposed law note the felony or misdemeanor penalty . Guess it depends on the judges mood or feelings about air guns? Now I would be open to any real need to close a "loop hole" but assault IS assault. Why should a BB gun be worse than a rock? Political correctness I guess. Better yet use a baseball bat, a lot less deadly than a .177 they seem to think.The real strategy here is to start treating BB guns (let alone pellet guns & note no definitions given) THE SAME AS ANY FIREARM. Then gradually expand in every aspect. . Of course there's a "good" reason. They always will have one. Action recommendations will be outlined in a post above. Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chairwoman
Above a 9mm Beretta and Below .177" (4.5mm) BB Gun (non-firearm)
Unless a bb device is a powerful rifle, the bb cannot penetrate the skin and has no stopping power, nor are there hollow tipped bbs like a 9mm hollow-tipped bullet that can have the same stopping power as a .45 caliber. The 'bb device' simply isn't a firearm, regardless of how it's used, a bb gun is a bb gun.
Instead of Paying $10,000/day to prosecute non-criminals for non-firearm felonies unconstitutionally and stupidly; perhaps we can make the below bb gun the international/nationwide standard and congress/state legislature could actually earn their paycheck instead of putting non-criminals in prison @ $45k/yr + incarceration and court costs (over $100k of tax payer $). If the bb device would be used grossly and/or a negligent manner then assault and battery (et al.) would still apply. A felony simply isn't warranted for a .177 inch projectile that cannot do more than a bruise. Throwing a rock or even a rubberband is significantly more dangerous and actually capable of damage.
Remove Jurisdiction over BB Guns from CA Penal Codes: pc 246, 246.3, 417, 417.3, 422, 245(a)(1)
A ‘BB device’ is not a deadly weapon, nor has any stopping power, nor is it a ‘firearm’ by the definition of the California State legislature as a ‘bb device’ is either air/spring/co2 loaded. When used in self-defense situations because it's considered a felony currently under SB 532 and other laws where it's a wobbler, where the prosecutor can charge felony or a misdemeanor. LAPD will charge the felony and enable perpetrators to harass/stalk and continue criminal conduct with no accountability due to the bb device being a felony and give leeway to an unconstitutional back door open for discrimination by LAPD and others.
Amend the following jurisdiction to remove bb gun from 'firearm' status where bb gun is exempt from 'firearm' and/or 'gun' for the following California Penal Codes: 422, 417/417.3, 245(a)(1), 246, and 246.3, where a bb gun is can no longer be tried as a felony charge, as it's not a firearm, nor a deadly weapon causing 'great bodily injury.'
California Penal Code 417 PC is often times charged in connection with Penal Code 245(a)(1) PC, California’s “assault with a deadly weapon” law.
Penal Code 417 - prohibits “drawing, exhibiting, or using a firearm or deadly weapon”.1 This offense is commonly referred to as "brandishing" a weapon.10In re Jose A. (1992) 5 Cal.App.4th 697. (“Here, [California Penal Code] section 12001, subdivision (g), specifically includes pellet guns in its definition of firearm for the purpose of prohibiting their sale to minors, while pellet gun is not included in sections 245, subdivision (a)(2) or [California Penal Code] 417, subdivision (a)(2). The Legislature presumably was aware of those sections when it amended section 12001 in 1991. The Legislature's failure to define firearm in titles 8 and 11, while expressly including pellet gun in its definition of firearm in section 12001 as applied to section 12551, raises a strong inference the word “firearm” was intended to be used for purposes of gun control and minors in a sense different from its common meaning. (See People v. Drake (1977) 19 Cal.3d 749, 755 [139 Cal.Rptr. 720, 566 P.2d 622].) We conclude the Legislature intended to restrict the meaning of firearm in sections 245, subdivision (a)(2) and 417, subdivision (a)(2) [California’s brandishing a weapon law] to exclude such instruments as pellet or BB guns.”)
A deadly weapon - is “any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury”.3 "Great bodily injury" is a significant or substantial physical injury.4
Deadly weapons do not include body parts, as deadly weapons are necessarily extrinsic to the human body.5Penal Code 417.3 Disturbing the Peace - Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar ($3,000) fine.
Nothing in this section shall preclude or prohibit prosecution under any other statute.
A "criminal threat" is when you threaten to kill or physically harm someone and
- that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
- the threat is specific and unequivocal and
- you communicate the threat verbally, in writing, or via an electronically transmitted device.1
Criminal threats can be charged whether or not you have the ability to carry out the threat...and even if you don't actually intend to execute the threat.2
Examples of conduct leading to a criminal threats charge include (but are by no means limited to):
- threatening to shoot another person while you are holding a gun,
Amend and define 'gun' to be a 'firearm' and exempt bb/pellet guns.Penal Code 245(a)(1) - defines assault with a deadly weapon (more commonly referred to as ADW) as an assault that is committed with a deadly weapon or other means of force likely to cause great bodily injury to another person.27 An “assault” is “an unlawful attempt, coupled with a present ability, to commit a violent injury on another person”.28
Penal Code 246 - "Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar…or inhabited camper…is guilty of a felony."2
Penal Code 246.3 - California's "negligently discharging a firearm" law, prohibits willfully firing a gun or BB device in a grossly negligent manner that could result in death or injury to a person".1
The state legislature can respectively, as well as congress, and collectively request and require that bb gun manufacturers use a different schema to easily and unequivocally identify a bb gun, rather than prosecute unwarranted felony/misdemeanor charges; especially in cases of deterring a perpetrator while brandishing or shooting at them within the legal defense laws defined and (pc417.3 and 198.5 castling law to amend and include 'special places' and 'vehicles') under future provocation self defense laws.