Amended  IN  Assembly  April 10, 2018
Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2382

Introduced by Assembly Member Gipson

February 14, 2018

An act to amend Section 16520 of the Penal Code, relating to firearms. An act to amend Section 29805 of, to add Sections 16531 and 16532 to, and to add Article 6 (commencing with Section 30400), Article 7 (commencing with Section 30442), Article 8 (commencing with Section 30470), and Article 9 (commencing with Section 30485) to Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code, relating to firearms, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2382, as amended, Gipson. Firearms: frames and receivers. Firearms: firearm precursor parts.
(1) Existing law generally requires ammunition to be sold only to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current certificate of eligibility issued by the Department of Justice, or to a person who purchases or transfers the ammunition in a single ammunition transaction, as specified. Existing law imposes a per transaction fee not to exceed $1 on ammunition purchasers and transferees and requires that this money be deposited in the continuously appropriated Ammunition Safety and Enforcement Special Fund. Existing law requires a person or business to have a valid ammunition vendor license to sell more than 500 rounds of ammunition in any 30-day period. Existing law generally requires the sale or transfer of firearms to be conducted through a licensed firearms dealer.
This bill would, commencing July 1, 2020, require the sale of firearm precursor parts, as defined, to be conducted by or processed through a licensed firearm precursor part vendor. Commencing January 1, 2020, the bill would require a person or business to have a valid firearm precursor part vendor license to sell more than one firearm precursor part in any 30-day period. A violation of this provision would be a misdemeanor. The bill would require that a licensed firearm dealer or licensed ammunition vendor automatically be deemed a licensed firearm precursor part vendor. The bill would create an application process for firearm precursor part vendors, as specified. The bill would establish the Firearms Precursor Parts Special Account, into which vendor license fees would be deposited. The bill would continuously appropriate money in the fund to the department for purposes of implementing, administering, and enforcing the firearm precursor part authorization program, thereby making an appropriation. The bill would require the firearm precursor part vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified.
Commencing July 1, 2020, the bill would require the Department of Justice to electronically approve the purchase or transfer of firearm precursor parts through a vendor. The bill would generally limit the sale of firearm precursor parts to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess a firearm precursor part, to a person who has a current certificate of eligibility issued by the Department of Justice, or to a person who purchases or transfers the firearm precursor part in a single transaction, as specified.
The bill would create the Firearms Precursor Parts Enforcement Special Fund and would allow the department to charge firearm precursor part purchasers and transferees a per transaction fee not to exceed $1 to be deposited into the fund. The bill would continuously appropriate the fund to the department for the purposes of implementing, operating, and enforcing the firearm precursor part authorization program, thereby making an appropriation. The bill would also appropriate $6,000,000 from the General Fund as a loan for start-up costs of implementing, operating, and enforcing the provisions of the firearm precursor parts authorization program, thereby making an appropriation.
(2) Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a misdemeanor.
This bill would also add to the list of misdemeanors, the conviction for which is subject to the prohibition on possessing a firearm within 10 years of the conviction, the possession of ammunition and firearm precursor parts by an individual who is prohibited from possessing ammunition or firearm precursor parts. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
The bill would make it a misdemeanor to sell or give possession of a firearm precursor part to a person under 21 years of age. The bill would make it a misdemeanor for a person who is prohibited from possessing a firearm to possess a firearm precursor part. The bill would make it a misdemeanor to provide a firearm precursor part to a person who is prohibited from possessing firearm precursor parts. The bill would make it a misdemeanor to carry a firearm precursor part onto the grounds of a school. The bill would make it a misdemeanor to transfer a firearm precursor part without processing the transaction through a firearm precursor parts vendor. The bill would make it a misdemeanor to bring a firearm precursor part into the state without first having the part delivered to a licensed firearm precursor part vendor. By creating new crimes, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally regulates the transfer and possession of firearms. Existing law defines the term “firearm” for various regulatory purposes, including, among others and subject to exceptions, the requirement that firearms be transferred by or through a licensed firearms dealer, the requirement of a 10-day waiting period prior to delivery of a firearm by a dealer, the requirement that firearm purchasers be subject to a background check, and the prohibition on certain classes of persons, such as felons, possessing firearms. Existing law provides, for some of these provisions, that a violation of the provision is a crime.

This bill would define a frame or receiver as that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and would include within this definition a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon.

By expanding the scope of existing crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16531 is added to the Penal Code, to read:

16531.
 (a) As used in this part, commencing July 1, 2020, “firearm precursor part” means a component of a firearm that is generally necessary to build or assemble a firearm, as follows:
(1) A firearm barrel.
(2) An ammunition feeding device, including, but not limited to, a magazine or speed loader.
(3) An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10- or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate.
(4) A finished upper receiver for a multiple part receiver system such as an AR-10- and AR-15-style firearm.
(5) An unfinished handgun frame.
(6) A finished slide to be used to enclose a handgun barrel.
(7) A trigger pack or fire control group for a Heckler and Koch- or FN FAL-style firearm.
(b) The Department of Justice, consistent with this section, shall provide written guidance and pictorial diagrams demonstrating each category of firearm precursor part specified in subdivision (a).

SEC. 2.

 Section 16532 is added to the Penal Code, to read:

16532.
 (a) As used in this part, commencing July 1, 2020, “firearm precursor part vendor” means a person, firm, corporation, or other business enterprise that holds a current firearm precursor part vendor license issued pursuant to Section 30485.
(b) Commencing January 1, 2019, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, and a licensed ammunition vendor shall automatically be deemed a licensed firearm precursor part vendor, if the dealer and licensed ammunition vendor comply with the requirements of Article 2 (commencing with Section 30300) and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4.

SEC. 3.

 Section 29805 of the Penal Code is amended to read:

29805.
 (a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30305, 30315, 30405, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

SEC. 4.

 Article 6 (commencing with Section 30400) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:
Article  6. Restrictions Relating to Firearm Precursor Parts

30400.
 (a) A person, corporation, or dealer who does any of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:
(1) Sells a firearm precursor part to a person under 21 years of age.
(2) Supplies, delivers, or gives possession of a firearm precursor part to a minor who the person, corporation, or dealer knows, or using reasonable care should know, is prohibited from possessing a firearm or ammunition at that time pursuant to Chapter 1 (commencing with Section 29610) of Division 9.
(b) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this section.

30405.
 (a) (1) A person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall not own, possess, or have under custody or control a firearm precursor part.
(2) A violation of this subdivision is punishable by imprisonment in a county jail not to exceed one year or in the state prison, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) (1) A person who is not prohibited by subdivision (a) from owning, possessing, or having under the person’s custody or control a firearm precursor part, but who is enjoined from engaging in activity pursuant to an injunction issued pursuant to Section 3479 of the Civil Code against that person as a member of a criminal street gang, as defined in Section 186.22, may not own, possess, or have under the person’s custody or control a firearm precursor part.
(2) A violation of this subdivision is a misdemeanor.
(c) A violation of subdivision (a) or (b) is justifiable where all of the following conditions are met:
(1) The person found a firearm precursor part or took the firearm precursor part from a person who was committing a crime against the person who found or took the firearm precursor part.
(2) The person possessed the firearm precursor part no longer than was necessary to deliver or transport the firearm precursor part to a law enforcement agency for that agency’s disposition according to law.
(3) The person is prohibited from possessing any firearm precursor part solely because that person is prohibited from owning or possessing a firearm by virtue of Chapter 2 (commencing with Section 29800) of Division 9 or a firearm precursor part because of subdivision (b).
(d) Upon the trial for violating subdivision (a) or (b), the trier of fact shall determine whether the defendant is eligible for the justifiability exemption created by subdivision (c). The defendant has the burden of proving by a preponderance of the evidence that the defendant is within the scope of the justifiability exemption provided by subdivision (c).

30406.
 (a) A person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives possession or control of a firearm precursor part to a person who he or she knows or using reasonable care should know is prohibited from owning, possessing, or having under custody or control a firearm precursor part is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) A person, corporation, firm, or other business enterprise that supplies, delivers, sells, or gives possession or control of a firearm precursor part to a person whom the person, corporation, firm, or other business enterprise knows or has cause to believe is not the actual purchaser or transferee of the firearms precursor part, with knowledge or cause to believe that the firearms precursor part is to be subsequently sold or transferred to a person who is prohibited from owning, possessing, or having under custody or control a firearm precursor part is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and another provision of law shall not be punished under more than one provision.

30410.
 (a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, a person shall not carry a firearm precursor part onto school grounds, except sworn law enforcement officers acting within the scope of their duties.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(3) Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United States who is engaged in the performance of that person’s duties.
(5) An armored vehicle guard who is engaged in the performance of that person’s duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(6) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether active or honorably retired.
(7) Any other duly appointed peace officer.
(8) Any honorably retired peace officer listed in subdivision (c) of Section 830.5.
(9) Any other honorably retired peace officer who, during the course and scope of his or her appointment as a peace officer, was authorized to, and did, carry a firearm.
(10) (A) A person carrying a firearm precursor part onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle.
(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850.
(c) A violation of this section is punishable by imprisonment in a county jail for a term not to exceed six months, a fine not to exceed one thousand dollars ($1,000), or both the imprisonment and fine.

30412.
 (a) (1) Commencing July 1, 2020, the sale of a firearm precursor part by any party shall be conducted by or processed through a licensed firearm precursor part vendor.
(2) When neither party to a firearm precursor part sale is a licensed firearm precursor part vendor, the seller shall deliver the firearm precursor part to a vendor to process the transaction. The firearm precursor part vendor shall promptly and properly deliver the firearm precursor part to the purchaser, if the sale is not prohibited, as if the firearm precursor part were the vendor’s own merchandise. If the firearm precursor part vendor cannot legally deliver the firearm precursor part to the purchaser, the vendor shall forthwith return the firearm precursor part to the seller after the seller has their background checked by the department. The firearm precursor part vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.
(b) Commencing July 1, 2020, the sale, delivery, or transfer of ownership of a firearm precursor part by any party may only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that a firearm precursor part may be purchased or acquired over the Internet or through other means of remote ordering if a licensed firearm precursor part vendor initially receives the firearm precursor part and processes the transaction in compliance with this section and Article 7 (commencing with Section 30442).
(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of a firearm precursor part to any of the following:
(1) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale, delivery, or transfer is for exclusive use by that government agency and, prior to the sale, delivery, or transfer of the firearm precursor part, written authorization from the head of the agency employing the purchaser or transferee is obtained, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency employing the individual.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties.
(3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(5) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(7) A firearm precursor part vendor.
(d) A violation of this section is a misdemeanor.

30414.
 (a) Commencing July 1, 2020, a resident of this state shall not bring or transport into this state a firearm precursor part that he or she purchased or otherwise obtained from outside of this state unless he or she first has that firearm precursor part delivered to a licensed firearm precursor part vendor for delivery to that resident pursuant to the procedures set forth in Section 30412.
(b) Subdivision (a) does not apply to any of the following:
(1) A firearm precursor part vendor.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties.
(3) An importer or manufacturer of ammunition or firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(4) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.
(c) A violation of this section is a misdemeanor.

30420.
 This article does not apply to or affect the sale to, purchase by, possession of, or use of a firearm precursor part by any member of the Army, Navy, Air Force, or Marine Corps of the United States, or the National Guard, while on duty and acting within the scope and course of employment, or any police agency or forensic laboratory or any person who is the holder of a valid permit issued pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2.

30425.
 This article does not prohibit the manufacture of firearm precursor parts under contracts approved by agencies of the state or federal government.

SEC. 5.

 Article 7 (commencing with Section 30442) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:
Article  7. Firearm Precursor Part Vendors

30442.
 (a) Commencing January 1, 2020, a valid firearm precursor part vendor license shall be required for any person, firm, corporation, or other business enterprise to sell more than one firearm precursor part in any 30-day period.
(b) A violation of this section is a misdemeanor.

30445.
 A vendor shall comply with all of the conditions, requirements, and prohibitions enumerated in this article.

30447.
 (a) A firearm precursor part vendor shall require any agent or employee who handles, sells, delivers, or has under his or her custody or control any firearms precursor part to obtain and provide to the vendor a certificate of eligibility from the Department of Justice issued pursuant to Section 26710. On the application for the certificate, the agent or employee shall provide the name and address of the firearm precursor part vendor with whom the person is employed, or the name and California firearms dealer number of the firearm precursor part vendor, if applicable.
(b) The department shall notify the firearm precursor part vendor in the event that the agent or employee who has a certificate of eligibility is or becomes prohibited from possessing firearms, ammunition, or firearm precursor parts under state or federal law.
(c) A firearm precursor part vendor shall not permit any agent or employee who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, deliver, or have under his or her custody or control a firearm precursor part in the course and scope of employment.

30448.
 (a) Except as provided in subdivision (b), the sale of firearm precursor parts by a licensed vendor shall be conducted at the location specified in the license.
(b) A vendor may sell firearm precursor parts at a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle.
(c) For purposes of this section, “gun show or event” means a function sponsored by any national, state, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community.
(d) Sales of firearm precursor parts at a gun show or event shall comply with all applicable laws.

30450.
 A firearm precursor part vendor shall not sell or otherwise transfer ownership of, offer for sale or otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership of any firearm precursor part in a manner that allows a firearm precursor part to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.

30452.
 (a) Commencing July 1, 2020, a firearm precursor part vendor shall not sell or otherwise transfer ownership of a firearm precursor part without, at the time of delivery, legibly recording the following information on a form to be prescribed by the Department of Justice:
(1) The date of the sale or other transfer.
(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was issued.
(3) The brand, type, and amount of firearm precursor parts sold or otherwise transferred.
(4) The purchaser’s or transferee’s full name and signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The purchaser’s or transferee’s full residential address and telephone number.
(7) The purchaser’s or transferee’s date of birth.
(b) Commencing July 1, 2020, a firearm precursor part vendor shall electronically submit to the department the information required by subdivision (a) for all sales and transfers of ownership of a firearm precursor part. The department shall retain this information in a database to be known as the Firearm Precursor Part Purchase Records File. This information shall remain confidential and may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, only for law enforcement purposes. The firearm precursor part vendor shall not use, sell, disclose, or share the information for any other purpose other than the submission required by this subdivision without the express written consent of the purchaser or transferee.
(c) Commencing on July 1, 2020, only those persons listed in this subdivision, or those persons or entities listed in subdivision (e), shall be authorized to purchase firearm precursor parts. Prior to delivering any firearm precursor part, a firearm precursor part vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the firearm precursor part is a person or entity listed in subdivision (e) or one of the following:
(1) A person authorized to purchase firearm precursor parts pursuant to Section 30470.
(2) A person who was approved by the department to receive a firearm from the firearm precursor part vendor, pursuant to Section 28220, if that vendor is a licensed firearms dealer, and the firearm precursor part is delivered to the person in the same transaction as the firearm.
(d) Commencing July 1, 2020, the firearm precursor part vendor shall verify with the department, in a manner prescribed by the department, that the person is authorized to purchase firearm precursor parts. If the person is not listed as an authorized firearm precursor part purchaser, the vendor shall deny the sale or transfer.
(e) Subdivisions (a) and (d) shall not apply to sales or other transfers of ownership of firearm precursor parts by firearm precursor part vendors to any of the following, if properly identified:
(1) A firearm precursor part vendor.
(2) A person who is on the centralized list of exempted federal firearms licensees maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith.
(4) A wholesaler.
(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(6) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the firearm precursor part, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed.
(7) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties.
(B) (i) Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of the officer’s duties.
(ii) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or transferee shall provide bona fide evidence of identity to verify that he or she is the person authorized in the certification.
(iii) The vendor shall keep the certification with the record of sale and submit the certification to the department.
(f) The department is authorized to adopt regulations to implement the provisions of this section.

30454.
 Commencing July 1, 2020, the records required by this article shall be maintained on the premises of the firearm precursor part vendor for a period of not less than five years from the date of the recorded transfer.

30456.
 Within 48 hours of discovery, a firearms precursor parts vendor shall report the loss or theft of any firearm precursor parts to the appropriate law enforcement agency in the city, county, or city and county where the vendor’s business premises are located.

SEC. 6.

 Article 8 (commencing with Section 30470) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:
Article  8. Firearm Precursor Parts Purchase Authorizations

30470.
 (a) Commencing July 1, 2020, the department shall electronically approve the purchase or transfer of firearm precursor parts through a vendor, as defined in Section 16532, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the firearm precursor part. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30452, the following persons are authorized to purchase firearm precursor parts:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess firearm precursor parts as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from purchasing or possessing firearm precursor parts in a single firearm precursor part transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).
(b) To determine if the purchaser or transferee is eligible to purchase or possess firearm precursor parts pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the firearm precursor part purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing firearm precursor parts by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.
(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing a firearm precursor part may be approved for a single firearm precursor part transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the firearm precursor part transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.
(d) A vendor is prohibited from providing a purchaser or transferee a firearm precursor part without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess firearm precursor parts via an Internet connection, the department shall provide a telephone line to verify eligibility. This option is available to firearm precursor part vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging firearms precursor parts purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs.
(f) A fund to be known as the Firearms Precursor Parts Enforcement Special Fund is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Firearms Precursor Parts Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the firearm precursor part authorization program provided for in this section and Section 30452 and for repaying the startup loan provided for in Section 30471.
(g) The Department of Justice is authorized to adopt regulations to implement this section.

30471.
 (a) There is hereby appropriated six million dollars ($6,000,000) from the General Fund as a loan for the startup costs of implementing, operating, and enforcing the provisions of the firearm precursor part authorization program provided for in Sections 30452 and 30470.
(b) For purposes of repaying the loan, the Controller shall, after disbursing moneys necessary to implement, operate, and enforce the firearm precursor part authorization program provided for in Sections 30452 and 30370, transfer all proceeds from fees received by the Firearms Precursor Parts Special Fund up to the amount of the loan provided by this section, including interest at the pooled money investment account rate, to the General Fund.

SEC. 7.

 Article 9 (commencing with Section 30485) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:
Article  9. Firearm Precursor Part Vendor Licenses

30485.
 (a) The Department of Justice is authorized to issue firearm precursor part vendor licenses pursuant to this article. The department shall, commencing January 1, 2019, commence accepting applications for firearm precursor part vendor licenses. If an application is denied, the department shall inform the applicant of the reason for the denial in writing. The annual fee shall be paid on January 1, or the next business day, of every year.
(b) The firearm precursor part vendor license shall be issued in a form prescribed by the department. The department may adopt regulations to administer the application and enforcement provisions of this article. The license shall allow the licensee to sell firearms precursor parts at the location specified in the license or at a gun show or event as set forth in Section 30448.
(c) (1) In the case of an entity other than a natural person, the department shall issue the license to the entity but shall require a responsible person to pass the background check pursuant to Section 30495.
(2) For purposes of this article, “responsible person” means a person having the power to direct the management, policies, and practices of the entity as it pertains to firearm precursor parts.
(d) Commencing January 1, 2019, a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, and licensed ammunition vendor shall automatically be deemed a firearm precursor parts vendor, provided the dealer complies with the requirements of Article 2 (commencing with Section 30300) and Article 3 (commencing with Section 30342).

30490.
 (a) The Department of Justice may charge firearm precursor part vendor license applicants a reasonable fee sufficient to reimburse the department for the reasonable estimated costs of administering the license program, including the enforcement of this program and maintenance of the registry of firearms precursor parts vendors.
(b) The fees received by the department pursuant to this article shall be deposited in the Firearms Precursor Parts Special Account, which is hereby created. Notwithstanding Section 13340 of the Government Code, the revenue in the fund is continuously appropriated for use by the department for the purpose of implementing, administering, and enforcing the provisions of this article, and for collecting and maintaining information submitted pursuant to Section 30452.
(c) The revenue in the Firearms Safety and Enforcement Special Fund shall also be available upon appropriation by the Legislature to the department for the purpose of implementing and enforcing the provisions of this article.

30495.
 (a) The Department of Justice is authorized to issue firearms precursor parts vendor licenses to applicants who the department has determined, either as an individual or a responsible person, are not prohibited from possessing, receiving, owning, or purchasing firearms or firearm precursor parts under subdivision (a) of Section 30405 or federal law, and who provide a copy of any regulatory or business license required by local government, a valid seller’s permit issued by the State Board of Equalization, a federal firearms license if the person is federally licensed, and a certificate of eligibility issued by the department.
(b) The department shall keep a registry of all licensed firearm precursor part vendors. Law enforcement agencies shall be provided access to the registry for law enforcement purposes.
(c) A firearm precursor part vendor license is subject to forfeiture for a breach of any of the prohibitions and requirements of Article 2 (commencing with Section 30300) or Article 3 (commencing with Section 30342).

SEC. 8.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 16520 of the Penal Code is amended to read:
16520.

(a)As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

(b)As used in the following provisions, “firearm” includes the frame or receiver of the weapon:

(1)Section 16550.

(2)Section 16730.

(3)Section 16960.

(4)Section 16990.

(5)Section 17070.

(6)Section 17310.

(7)Sections 26500 to 26588, inclusive.

(8)Sections 26600 to 27140, inclusive.

(9)Sections 27400 to 28000, inclusive.

(10)Section 28100.

(11)Sections 28400 to 28415, inclusive.

(12)Sections 29010 to 29150, inclusive.

(13)Section 29180.

(14)Sections 29610 to 29750, inclusive.

(15)Sections 29800 to 29905, inclusive.

(16)Sections 30150 to 30165, inclusive.

(17)Section 31615.

(18)Sections 31705 to 31830, inclusive.

(19)Sections 34355 to 34370, inclusive.

(20)Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.

(c)As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:

(1)Section 16750.

(2)Subdivision (b) of Section 16840.

(3)Section 25400.

(4)Sections 25850 to 26025, inclusive.

(5)Subdivisions (a), (b), and (c) of Section 26030.

(6)Sections 26035 to 26055, inclusive.

(d)As used in the following provisions, “firearm” does not include an unloaded antique firearm:

(1)Subdivisions (a) and (c) of Section 16730.

(2)Section 16550.

(3)Section 16960.

(4)Section 17310.

(5)Chapter 6 (commencing with Section 26350) of Division 5 of Title 4.

(6)Chapter 7 (commencing with Section 26400) of Division 5 of Title 4.

(7)Sections 26500 to 26588, inclusive.

(8)Sections 26700 to 26915, inclusive.

(9)Section 27510.

(10)Section 27530.

(11)Section 27540.

(12)Section 27545.

(13)Sections 27555 to 27585, inclusive.

(14)Sections 29010 to 29150, inclusive.

(15)Section 25135.

(16)Section 29180.

(e)As used in Sections 34005 and 34010, “firearm” does not include a destructive device.

(f)As used in Sections 17280 and 24680, “firearm” has the same meaning as in Section 922 of Title 18 of the United States Code.

(g)As used in Sections 29010 to 29150, inclusive, “firearm” includes the unfinished frame or receiver of a weapon that can be readily converted to the functional condition of a finished frame or receiver.

(h)As used in this section, “frame” and “receiver” means that part of a firearm which provides housing for the hammer, bolt, or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel, and includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional weapon so long as it has been designed and is clearly identifiable as being used exclusively as part of a functional weapon.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.