The sun was smiling when the California airsoft community, together with the Airsoft Safety Foundation, trooped to Sacramento, California to show their opposition to the CA SB798 last Tuesday, 21 June 2011. They were joined by other organizations opposed to SB798, including paintball players. On that morning, the Committee on Public Safety voted 5-2 with most not in favor of the Bill at is present form.

Here is a video report from Dr. Airsoft of Airsoft Medicine:

Dr. Airsoft kindly provided us with links to how the Committee voted on the Bill, and it was not according to partisan lines when many were expecting for the worse as the Committee is dominated by the Democrats:

AYES: Cedillo (Dem-45), Mitchell (Dem-47)
NOES: Ammiano (Dem-13), Knight (Rep-36), Hagman (Rep-60), Hill (Dem-19), Skinner (Dem-14)

The Committe voted unanimously with no one abstaining for a reconsideration of the bill. There will be a second hearing which means the advocacy against the bill must continue on. According to the Airsoft Safety Foundation, the bill may be rewritten and resubmitted
 for approval.

We looked over the Analysis of the Bill as heard by the Committee and the arguments for and against the bill were the following:

Argument in Support:

According to the  Mayor, City of Los Angeles , "Under current law [imitation handguns], while oft considered 'toys,' end up in the hands of juveniles. Since law enforcement officers come in contact with these devices in the hands of individuals/juveniles, it is a responsible action to increase the ability to discern a replica gun from a real gun.  The current marking requirements of these devices continue to place law enforcement officers in a potential officer involved shooting situation.  Therefore, as a security precaution, it is incumbent to support SB 798."

Argument in Opposition:

a)   According to the  National Rifle Association, "Traditional air guns that fire metallic projectiles are exempt from federal marking requirements. In contrast to the imitation firearms Congress chose to regulate, traditional air guns fire metallic projectiles at higher velocities and have a far greater potential for injury is mishandled.  In creating the exemption, Congress recognized that traditional air guns are not toys, that they must be handled with additional care, and that marking them to appear as toys would actually increase the risk of injury associated with air gun misuse.  If SB 798 became law, a child seeing a brightly-colored or translucent air gun might well mistake it for a harmless toy, treats it as such, and suffer injury as a result."

b)   According to  Velocity Paintball, "This proposed legislation would lead to a dramatic decline in paintball participation in California.  Paintball consumers are looking for the 'video game experience,' which requires that the markers be darker and more mil-sim [military-simulation] in appearance.   Removing this aspect  from our products would effectively kill our industry, as forcing consumers to use unattractive markers would cause them to lose interest in continuing with the sport.

"On an employment level, there are 10 jobs at stake within my company alone if SB 798 is approved in the Assembly and approved by Governor Brown.  We employ a wide variety of local community residents at our facilities.  It will be impossible to avoid layoffs of the majority of my staff is the new restrictions in AB 798 are implemented as written.

"In addition, industry-wide paintball sales and participation at fields generated significant taxable income to state and local governments.  With more than 500,000 participants annually in California, sales tax receipts alone are as high at $3-$5 million annually for paintball related businesses, not to mention corporate and personal income taxes generated through the operation of these businesses. Finally, the industry as two large paintball marker companies headquartered in California."

The Opposing Camps show a bigger group of companies and organizations opposing the bill, as compared to those in favor of it:

Support

• Alameda Police Department
• AFSCME
• California Paintball Safety Coalition
• Los Angeles County Sherriff's Department
• Los Angeles Police Department
• Los Angeles School Police Department
• Mayor, City of Los Angeles
• Sacramento Police Department
• Women Against Gun Violence

Opposition

• Airgun Information International
• California Association of Firearms Retailers
• California Outdoor Heritage Alliance
• California Rifle and Pistol Association, Inc.
• Crossman Corporation
• Gamo Outdoor USA
• Gun Owners of California
• KWA Performance Industries, Inc.
• National Collegiate Paintball Association
• National Rifle Association
• National Shooting Sports Foundation, Inc.
• San Marino Police Department
• SoftAir USA
• S/R Industries, Inc.
• Umarex USA, Inc.
• Velocity Paintball
• 388 private individuals

BIG RIFT IN PAINTBALL

As you can see above (we have emphasized the names of the paintball organizations in support and against) , the Paintball Industry and Community are on opposite sides, showing the rift and that many paintball players are against the Paintball Industry's support to SB798. Even the California Paintball Safety Coalition itself is divided as we have gotten report that coalition members SC Village, Hollywood Sports Park, California Paintball Park, Giant Paintball Alpine and Giant Paintball Lakeside represented by Dennis Bukowski & Giovanni D’Egidio are not in favor in the bill and fully support the airsoft community's campaign.

What is very much glaring here is that the Paintball marker companies are for the bill, and their customers, who are paintball players and paintball fields who cater to airsoft are against it. This schism highlights the problems in Paintball, and we are happy to note that the players and fields took the high ground of supporting airsoft.

So what's the reason for this? We'll see if we can put out theories and why paintball got an exemption in another story.

IT'S NOT OVER YET

As many individuals and the Airsoft Safety Foundation stress, the SB798 is far from dead as it is up for reconsideration. Everyone should be vigilant and show unity with like minded organizations, including the well-reasoned paintball communities and fields who went against the request of the California Paintball Safety Coalition to support the bill.

Keep up the fight.

(Teaser illustration from Simo Hayha of xost.forumactif.net)