With State Senator Kevin De Leon unable to make SB798 pass at the Committee on Public Safety in the previous amended form where he exempts the Paintball Industry, he asked for a reconsideration to allow him to amend the bill. He was granted, and in less than two weeks, finding there is no way for the bill to pass as is, went for what I call a "nuclear option".

He totally nuked the text of SB798, changing it to "An Act to repeal Section 53071.5 of the Government Code, relating to  imitation  firearms".

Section 53071.5 of the California Government Code contains this:

By the enforcement of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined in subdivision (a) of Section 16700 of the Penal Code, and that section 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 described in Section 16250 of the Penal Code.

This section preempts any attempt by local municipalities all over the State of California to write local ordinances governing imitation firearms and air rifles to provide uniform treatment for all citizens in the State. With the latest amendment to the SB798, De Leon is attempting to remove the responsibility from the State Legislature and allow local municipalities to write their own ordinances.

This advertently, or inadvertently, covers paintball markers, putting the Paintball industry, who were confident of the exemption they got in the previous amendment and supported the SB798, back to square one.

So what are the new implications of repealing Section 53071.5 of the Government Code? Various associations, including the Airsoft Safety Foundation and the National Shooting Sports Association (NSSF) have this to say:

The amendments will completely void all language in the current bill and will include a repeal of the existing state preemption ordinance which regulates imitation firearms including airsoft guns, paintball guns, BB guns and pellet guns (Government Code Section 53071.5). If state preemption, which forbids localities from passing their own gun control measures, is over-ridden here, the door will be open for municipalities across the state to write their own gun control ordinances affecting ALL types of firearms. This would create criminals out of law-abiding citizens for merely turning down the 'wrong' street and crossing over a city border. Furthermore, by enacting such laws, cities would be able to apply business-killing regulations on lawful firearms retailers.

State preemption laws mandate equal treatment of all state residents. These preemption laws must stay intact in order to provide uniform statewide firearms laws and prevent municipalities from creating a patchwork of different firearms-related ordinances.

Thus, the intention of De Leon is to create confusion for the firearms enthusiasts who will be facing myriads of local ordinances in the State, especially in municipalities which have strong anti-gun advocates. An example of this would be Los Angeles, where the Mayor and the Police Chief have been in full of support of SB798 and Senator De Leon mentioned that the bill was written upon the request of LA Police Chief Charlie Beck. If the repeal happens, LA would one of the first to write such ordinances. And a big portion of the airsoft business in California happens to be in LA.

The next hearing by the Committee on Public Safety will be held on the 5th of July, this time there won't be any testimonies that will be heard. What the anti-SB798 advocates want is for everyone to keep on sending your opposition to the Bill to the Commitee members as listed below:

Tom Ammiano - Chair
(916) 319-2013
[email protected]

Steve Knight - Vice Chair
(916) 319-2036
[email protected]

Gilbert Cedillo
(916) 319-2045
[email protected]

Curt Hagman
(916) 319-2060 
[email protected]

Jerry Hill
(916) 319-2019
[email protected]

Holly J. Mitchell
(916) 319-2047
[email protected]

Nancy Skinner
(916) 319-2014
[email protected]

I don't know if the Airsoft Safety Foundation will be organizing another bus trip to Sacremento for the hearing. You can contact them if you want to join them in the next hearing. You can monitor any official statement from the foundation a their website or via their Facebook Page.