With the continuing saga of the Californian Airsoft Community's campaign against Senate Bill 798, which was recently amended by State Senator Kevin De Leon that would leave the regulations up to the local governments in State of California, the Airsoft Safety Foundation found a big ally that would help in making the State Assembly think twice before approving the bill.

The California Retailers Association (CRA) represents all the sectors in the retail industry that covers the big name retailers to small ones. The combined employmnent of the members of association is around 2.7 million people and with an annual turnover of over half a trillion US dollars. They are the ones which keep the trading and business lifeblood of the State running and without a healthy retail industry, California would not be where it's known for, a vibrant economy among the world's largest, being the 8th largest economy in the world.

One of the concerns of the CRA is the implication of SB798 that would make such regulations non-uniform as stated in their letter to the State Assembly members: "Major retailers have stores in multiple jurisdictions throughout California. A patchwork of different local ordinances makes it virtually impossible for retailers and their customers to stay in compliance in the various jurisdictions of the state. The legal requirements for each store could easily be different from other stores, creating misunderstanding and confusion relative to what laws and regulations apply." Airsoft retailers are the lone sellers of airsoft guns, but they're the ones highly specialized in the airsoft. Other retailers also have airsoft in their shelves, albeit just one of the myriads of items that they sell to their customers. But it's still a concern for them as one of their revenue streams is threatened by SB798.

As stressed before, Section 53071.5 of the California Government Code was enacted to avoid confusion and uniformity state-wide. With its repeal, there legal are implications for replica firearms when they travel from one jurisdiction to another as they might get into trouble in area which bans airsoft guns on thei way to another jurisdiction that allows use. For airsoft retailers, it's the headache of complying to various requriements of different jurisdictions that would make it a costly administrative headache that either they would not expand business in one place, and deny potential revenues and employment in one area, or just shut down and not do business at all brought about by exasparation in complying with so many requirements put out by local governments.

The Airsoft Safety Foundation and the California Airsoft Community have picked up a very valuable ally in their fight against SB798. Now, if only they can gather more support from individuals and other organizations to bring the fight home.

You can download a copy of the CRA's letter at the Airsoft Safety Foundation's website or read it below:

August 19, 2011

The Honorable
Kevin de Leon
California State Senate
State Capitol, Room 5108
Sacramento, CA 95814

RE: SB 798 (de Leon)  Imitation Firearms: regulation

Dear Senator de Leon:

I am writing to inform you that the California Retailers Association opposes the enactment of SB 798 regarding imitation firearms.

SB 798 would repeal the current state preemption law (Government Code Section 53071.5) that has protected retailers from each local government enacting their own and different retail ordinances. The preemption law has protected them by establishing statewide uniformity in laws governing the sale, manufacture, and possession of BB devices. If state preemption is repealed it will open the door for local governments to each enact their own separate and different imitation firearms ordinances.

There has been some misperception that, if Section 53071.5 is repealed, it would not make any difference because the federal preemption would still apply and would prevent local governments from enacting their own ordinances. However, the federal preemption law applies only to the markings or identification of imitation firearms and, in the case of BB guns, paintball guns, and pellet guns, to a prohibition on the sale to adults as well. California's Government Code Section 53071.5 applies specifically to all sale, manufacture, or possession of imitation firearms. It goes well beyond the provisions of the federal preemption which apply only to color and identification markings, and which prohibit a ban on sales to adults. Thus, a repeal of section 53071.5 would still allow a broad range of local ordinances governing the sale (except for a prohibition on sale to adults), manufacture (except for color or identifying markings), and possession.

Major retailers have stores in multiple jurisdictions throughout California. A patchwork of different local ordinances makes it virtually impossible for retailers and their customers to stay in compliance in the various jurisdictions of the state. The legal requirements for each store could easily be different from other stores, creating misunderstanding and confusion relative to what laws and regulations apply. That is why section 53071.5 was enacted in the first place and why it must not be repealed. We support continuing statewide uniformity.

The California Retailers Association is the only statewide trade association representing all segments of the retail industry including general merchandise, department stores, mass merchandisers, fast food restaurants, convenience stores, supermarkets and grocery stores, chain drug and specialty retails such as auto, vision, jewelry, hardware and home stores. CRA works on behalf of California’s retail industry, which currently operates over 164,200 stores with sales in excess of $571 billion annually and employs 2,776,000 people – nearly one fifth of California’s total employment.

Sincerely,

Pamela William
Senior Vice President

cc: Assembly Floor Consultants