AB 1798: Firearms: imitation firearms: gun-shaped phone cases.

Existing federal law prohibits a person from manufacturing, entering into commerce, shipping, transporting, or receiving any toy, look-alike, or imitation firearm unless the firearm contains, or has affixed to it, a marking approved by the federal Secretary of Commerce.

Existing state law defines imitation firearm as any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. Under existing law, a manufacturer, importer, or distributor of imitation firearms that, among other things, fails to comply with any applicable federal law or regulation governing the marking of a toy, look-alike, or imitation firearm, as defined by federal law or regulation, is guilty of a misdemeanor.

This bill would specify that the definition of imitation firearm described above includes, but is not limited to, a protective case for a cellular telephone that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.