As we continue to monitor the progress of California Senate Bill 798,  the latest update is that it has went to third reading at the State Assembly last August 18, with the Assembly re-referring it the Committe on Public Safety pursuant to Assembly Rule 77.2 which is a rule of Substantially Amended Bills:

77.2.  If the analysis of an amendment adopted on the floor discloses that the amendment makes a substantial substantive change to a bill as passed by the last committee of reference, the bill, as amended, may be referred by the Speaker to the appropriate committee.

A bill that was previously reported from a policy or fiscal committee of reference in compliance with Joint Rule 61 is not subject to the deadlines in Joint Rule 61 if the bill is subsequently referred to a policy or fiscal committee pursuant to this rule.

If the digest to an Assembly Bill that has been returned to the Assembly by the Senate for concurrence in Senate amendments discloses that the Senate has made a substantial substantive change in the bill as first passed by the Assembly, the bill may be referred by the Speaker to the appropriate committee.

SB 798 was substantially amended by CA State Senator Kevin De Leon, totally "nuking" the original text and replacing it with an amended one that will allow local governments to enact their own ordinances on replica firearms. The Bill has gone through 4 amendments before the latest one, and on the fifth amendment, here are the latest provisions:

SB 798, as amended, De León.  BB devices: imitation firearms.   Imitation firearms: regulation.

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  repeal 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.  Section 53071.5 of the Government Code, as amended by Section 1 of Chapter 607 of the Statutes of 2004, is repealed.

SEC. 2.  Section 53071.5 of the Government Code, as amended by Section 35 of Chapter 178 of the Statutes of 2010, is repealed.

SEC. 3.    Section 53071.5 is added to the   Government Code, to read:

53071.5.  It is the intent of the Legislature to occupy the entire field of regulation of spot marker guns that expel a projectile larger than 16mm. No city, county, city and county, or other local government entity may enact or enforce 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.

The latest amendment wasn't modified to include paintball guns as this bill was obviously tailored to the wishes of the Paintball Industry which is now being accused of trying to monopolize the recreational shooting industry by airsoft and paintball players alike.

The Airsoft Safety Foundation (ASF) is now refocusing all its efforts to lobby the members of the Committe on Public Safety which is comprised of 5 Democrats and 2 Republicans. This is better as there are fewer members to focus on and as such all concerned will need to download this latest update from the ASF. According to them, the Bill must be heard before September 9, which means that there are just two weeks for all to send again their opposition to the Bill.

Another move that is being taken by all those opposed to the Bill is to contact the local Police Departments and ask the association if they oppose it and be included in the "opponents list". The No On SB798 FaceBook page state that of they have asked several police officers what they think of the Bill and they oppose it as it "will put them in danger or complicates their job to the point of impossible."

So burn the lines again to state your opposition to the Bill, draft a letter to send to the Committe Members, or join in whatever action that the ASF organizes to oppose the bill. There's not let down on the continuing campaign against SB798.