The war on airsoft just never ends, and this time, two new fronts in the USA have opened and the airsoft communities around the States will have to divide their attention on these two developments. If these became actual laws, then airsoft gets crippled in these states. So if you think that the last round of failed proposed legislation are the last of it, think again. As long as there are some legislators who do not actually understand airsoft and lumping it as a deadly firearm, then bills to regulate them hard or ban them will just appear.

New Jersey S810

For this year, we have the State of New Jersey with the introduction of Senate Bill 810 (NJ 810) filed by State Senator Bob Smith (Democratic Party, District 17, Middlesex and Somerset) on the 10th of January 2012 and co-sponsored by Senator Scutari that aims to "clarify airsoft is being firearms". The full text of legislation can be found here, and in a nutshell:

This bill would clarify that "airsoft" guns constitute firearms and therefore are subject to this State's strict laws regulating the sale, possession, and use of firearms.

Airsoft guns are replica firearms used primarily for sporting and recreational purposes, including military games.  They use compressed-air, gas, or spring or electric-operated pistons to shoot non-metallic pellets or balls.  Because these guns shoot plastic rather than metal pellets, it is not clear under current law whether they are considered firearms similar to "BB" guns.  Therefore, the bill revises the definition of a firearm by specifying that any air gun, spring gun, gun utilizing a gas or electric-operated piston, pistol, including one that is shoulder-fired, or similar weapon which ejects a pellet or ball made of polymer or metallic-coated polymer constitutes a firearm.  Under this revised definition, airsoft guns would be considered firearms and regulated similar to BB guns.  For example, a person would have to be at least 21 years of age to purchase an airsoft handgun or 18 years of age to purchase airsoft rifles.  The  person also would have to obtain a permit to purchase the gun, pass a criminal background check, and not be subject to any disqualifications for firearms ownership.

Police officers in municipalities throughout this State report an increase in the use of these authentic looking airsoft guns by juveniles.  While federal law mandates that toy guns have an orange tip, including airsoft guns, they have been known to be sold without these tips.  And even if they are lawfully sold with the appropriate tip, both juvenile and adult buyers often alter the tips so that they cannot be differentiated from real guns.  This situation resulted in tragedy in Longwood, Florida when 15 year-old Chris Penley threatened his classmates with an airsoft gun which appeared to be a Beretta 9mm.  Penley was killed when he pointed the gun at a police officer.  It is the sponsor's hope that such tragic consequences can be avoided in this State by strictly regulating airsoft guns.

The status of this bill is that it's at the Senate Law and Public Safety Committee and has not yet been discussed. So far the New Jersey Airsoft Community has been working hard and coordinating with the office of Senator Bob Smith for a face to face meeting and thresh out the concerns of both the office and the airsoft community. You can get updates on this at the No On NJ S810 Facebook Page.

Meanwhile Airsoft Invasion took time to produce some videos on the proposed bill, bette watch them to understand more the implications for the airsoft community in the state and for the local economy.

CALIFORNIA SB 1315

Well, this guy just never gives up after SB 798 failed last year. Senator Kevin De León now introduced Senate Bill 1315 which specifically will allow the County of Los Angeles to introduce any legislation to regulate:

"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."

There is some confusion with this bill as section 1 (b) as it says:

This bill would provide an exception to those provisions by authorizing the County of Los Angeles, or any city within the County of Los Angeles, to enact and enforce an ordinance or resolution regulating the manufacture, sale, possession, or use of a spot marker gun that expels a projectile larger than 16mm. (Italics and emphasis ours)

I do agree with the Pyramyd Airsoft Blog that the 16mm might be a mistake. But if the text as is, is to deliberated by the State Senate Committee on Public Safety, then airsoft guns are exempt and would cover paintball guns as these come in 17mm to 18mm while airsoft is 6mm to 8mm. But if it does affect paintball, then it's also time for us to object to this legislation if it will produce an outright ban on paintball, given that paintball players (no thanks to the manufacturers) supported the airsoft community against SB 798.

If this bill, after the first deliberation by the Committee on Public Safety, gets revised by Senator De León to mean a "projectile 6mm or larger" then we will be all in this together--- airsoft, air rifle (they have up to 9mm) and paintball communities.

What is advised for now is to be vigilant on the progress of these bills, as we must never let our guard down. Anything that will outright ban, or put unreasonable regulations that will cripple our hobby should be opposed. If these bills get stopped early, then its better. Time to cordially visit these honorable legislators and reason out with them.