Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1621

Introduced by Assembly Member Gipson Members Gipson, Muratsuchi, and Ting

January 10, 2022

An act to amend Sections 16520, 16531, 18010, 23910, 23920, 23925, 27530, 29180, 29182, and 30420 of, to add Sections 16515, 16517, 17305, and 29185 to, to repeal Sections 16532, 29181, 30405, 30406, 30412, and 30414 of, to repeal Articles 2 (commencing with Section 30442), 3 (commencing with Section 30470), and 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4 of Part 6 of, and to repeal and add Section 30400 of, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1621, as amended, Gipson. Firearms: unserialized firearms.
(1) Existing law defines a firearm precursor part as a component of a firearm that is necessary to build or assemble a firearm and is either an unfinished handgun frame or a specified unfinished receiver, receiver tube, or receiver flat. Under existing law, commencing July 1, 2022, a firearm precursor part is required to be sold through a licensed firearm precursor part vendor, as specified.
This bill would redefine a firearm precursor part as any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted. This bill would extend the definition of a firearm to include a firearm precursor part for the purposes of most criminal and regulatory provisions related to the possession, sale, and transfer of a firearm, including provisions which do not apply to a frame or receiver under existing law. The bill would repeal provisions relating to the sale of firearm precursor parts through a licensed precursor part vendor, and would prohibit the sale, transfer, or possession of an unserialized firearm precursor part, except as specified.
(2) Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified.
This bill would repeal those provisions and instead prohibit a person from manufacturing or assembling an unserialized firearm. The bill would require any person in possession of an unserialized firearm to apply to the department for a unique mark of identification and to affix that mark to the firearm before July 1, 2023. The bill would explicitly prohibit the possession or transfer of a firearm without a serial number or mark of identification. The bill would authorize a new resident of the state to, within 60 days after arrival in the state, request a unique mark or identification for any unserialized firearm that is otherwise valid to possess in the state. The bill would also prohibit the possession, sale, or transfer of specified firearms manufacturing equipment, with exceptions for specified entities, including the Armed Forces of the United States, the National Guard, and law enforcement, as specified. The bill would declare its provisions to be severable.
(3) This bill would authorize the Department of Justice to adopt emergency regulations to carry out its provisions. The bill would make other conforming, technical, and nonsubstantive changes. By creating new crimes expanding the application of numerous crimes, this bill would impose a state-mandated local program.

Existing

(4) Existing law prohibits possession of a firearm without a serial number. Existing law prohibits possession of a firearm that has had the serial number altered, removed, or obliterated. Existing law defines a firearm to include the frame or receiver.
Existing law requires any person in the business of manufacturing firearms, as specified, to be licensed. Existing law requires a person, other than a manufacturer, who assembles a firearm to apply to the Department of Justice for a serial number and to affix that number to the firearm, as specified.
This bill would make certain findings and declarations and would express the intent of the Legislature to enact legislation relating to unserialized firearms.
(5) 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: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) The proliferation of unserialized ghost guns built from firearm precursor parts has caused enormous harm and suffering, hampered the ability of law enforcement to trace crime guns and investigate firearm trafficking and other crimes, and dangerously undermined the effectiveness of laws and protections critical to the health, safety, and well-being of Californians.
(1) Like completed frames and receivers, the sole function of firearm precursor parts is to be used to assemble a weapon designed and capable of ending human life. Sellers and manufacturers of firearm precursor parts frequently market these products by emphasizing the fact that they are sold without traceable serial numbers and are otherwise significantly less regulated than firearms or completed frames or receivers.
(2) Law enforcement officials from cities across California have reported massive increases in the number of unserialized self-assembled ghost guns recovered from homicide cases and other crimes in recent years.
(3) For instance, law enforcement officials in San Francisco reported that 44 percent of guns recovered in San Francisco homicide cases in 2020 were unserialized ghost guns, compared with 6 percent in 2019. Law enforcement officials in San Diego reported recovering 360 ghost guns in just the first nine months of 2021, more than four times as many as the department recovered in all of 2019. According to an October 2021 report by the Los Angeles Police Department, the number of ghost guns seized by the department increased 400 percent since 2017 and more than doubled from 2020 to 2021 alone; the report concluded that “the current trend shows these figures will continue to grow exponentially” and that “ghost guns are an epidemic not only in Los Angeles, but nationwide.” In August 2021, the Los Angeles Police Department reported that ghost guns accounted for 33 percent of all guns recovered by the department in its investigations of suspected criminal activity.
(4) Community violence intervention professionals have also warned that the proliferation of ghost guns in vulnerable communities has intensified in recent years and contributed to a surge in gun deaths disproportionately impacting young people.
(5) Whatever legitimate interest and enjoyment unlicensed firearm manufacturers have in assembling firearms from firearm precursor parts, as opposed to completed frames or receivers, has been substantially outweighed by the devastating violent harms Californians have suffered as a result of the alarming proliferation of unserialized ghost guns across the state. These unfinished, less regulated products built from firearm precursor parts have become a leading source of crime guns, including firearms built by people such as minors who cannot legally possess or acquire firearms in our state, as well as individuals seeking to conceal their involvement in firearm trafficking and other crimes.
(6) The Legislature enacted AB 879 in 2019 to address this growing threat and bring needed accountability, transparency, and regulation to the sale and transfer of firearm precursor parts. Some key provisions of that legislation will become effective on July 1, 2022, including provisions ensuring that firearm precursor parts are sold in person through licensed sellers, pursuant to California background check and sale record requirements.
(7) Tragic events have continued to make clear that a more comprehensive response is needed now to protect public health and safety by ensuring that firearm precursor parts are regulated to the same extent as completed frames or receivers.
(8) Further reform is necessary, for instance, to halt the sale of unserialized firearm precursor parts in California, and to ensure that individuals purchasing firearm precursor parts undergo a full background check of all relevant records available to the Department of Justice when conducting background checks related to the purchase of a firearm or completed frame or receiver, including records available through the National Instant Criminal Background Check System. Further reform is also necessary to ensure that firearm precursor parts are sold in accordance with other gun safety laws applicable to the sale, manufacture, or possession of completed frames and receivers, such as the waiting period requirement, and to expressly prohibit the sale or transfer of ownership of firearms assembled or manufactured by people and entities that do not have a license to manufacture firearms.
(9) The Legislature seeks to protect public health and safety by halting the sale of firearm precursor parts in California until and unless such unfinished parts are regulated as firearms or frames under federal law and required, accordingly, to be serialized by federally licensed firearm manufacturers, importers, or other authorized federal firearms licensees.
(10) This act will authorize unlicensed individuals to continue to assemble or manufacture firearms for personal use from completed frames and receivers, which are subject to critical California and federal gun safety laws. This act will also authorize unlicensed individuals to assemble or manufacture firearms from firearm precursor parts if and when such parts are treated as firearms or frames under federal law, and required to be serialized accordingly.

SEC. 2.

 Section 16515 is added to the Penal Code, to read:

16515.
 “Federal licensee authorized to serialize firearms” means a person, firm, corporation, or other entity that holds any valid federal firearms license that authorizes the person, firm, corporation, or other entity to imprint serial numbers onto firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.

SEC. 3.

 Section 16517 is added to the Penal Code, to read:

16517.
 “Federally licensed manufacturer or importer” means a person, firm, corporation, or other entity that holds a valid license to manufacture or import firearms issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.

SEC. 4.

 Section 16520 of the Penal Code, as added by Section 3 of Chapter 682 of the Statutes of 2021, 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: weapon, and includes a firearm precursor part:
(1) Section 136.1.
(2) Section 646.91.
(3) Sections 16515 and 16517.

(1)

(4) Section 16550.

(2)

(5) Section 16730.

(3)

(6) Section 16960.

(4)

(7) Section 16990.

(5)

(8) Section 17070.

(6)

(9) Section 17310.

(7)

(10) Sections 18100 to 18205, 18500, inclusive.
(11) Section 23900 to 23925, inclusive.

(8)

(12) Sections 26500 to 26588, 26590, inclusive.

(9)

(13) Sections 26600 to 27140, inclusive.

(10)

(14) Sections 27400 to 28000, 27200 to 28490, inclusive.

(11)Section 28100.

(12)Sections 28400 to 28415, inclusive.

(13)

(15) Sections 29010 to 29150, inclusive.

(14)Section 29180.

(16) Section 29185.

(15)

(17) Sections 29610 to 29750, inclusive.

(16)

(18) Sections 29800 to 29905, inclusive.

(17)

(19) Sections 30150 to 30165, inclusive.

(18)

(20) Section 31615.

(19)

(21) Sections 31705 31700 to 31830, inclusive.

(20)

(22) Sections 34355 to 34370, inclusive.
(23) Sections 527.6 to 527.9, inclusive, of the Code of Civil Procedure.

(21)

(24) Sections 8100, 8101, and 8103 8100 to 8108, inclusive, of the Welfare and Institutions Code.
(25) Section 15657.03 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) 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, 29180 to 29184, 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. weapon.

(h)As used in Sections 18100 to 18205, inclusive, “firearm” includes a firearm precursor part. “Firearm precursor part” has the same meaning as in subdivision (a) of Section 16531.

(i)This section shall become operative on July 1, 2022.

SEC. 5.

 Section 16531 of the Penal Code is amended to read:

16531.
 (a) As used in this part, “firearm precursor part” means a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories: any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted.

(1)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.

(2)An unfinished handgun frame.

(b) The Department of Justice, consistent with this section, shall provide written guidance and pictorial diagrams demonstrating each category examples of firearm precursor part specified in subdivision (a). parts.
(c) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170, are not firearm precursor parts.
(d) A firearm precursor part is not a firearm or the frame or receiver thereof. A firearm precursor part that is attached or affixed to a firearm is not subject to the requirements of Chapter 1.5 (commencing with Section 30400) of Division 10 of Title 4 of Part 6 or Section 18010.

SEC. 6.

 Section 16532 of the Penal Code is repealed.
16532.

(a)As used in this part, “firearm precursor part vendor” means a person, firm, corporation, or other business enterprise that holds a valid firearm precursor part vendor license issued pursuant to Section 30485.

(b)Commencing April 1, 2022, 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. 7.

 Section 17305 is added to the Penal Code, to read:

17305.
 “Unserialized firearm precursor part” means a firearm precursor part that is not required by federal law to be imprinted with a serial number and is not imprinted with such a serial number.

SEC. 8.

 Section 18010 of the Penal Code is amended to read:

18010.
 (a) The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any item that constitutes a nuisance under any of the following provisions:
(1) Section 19290, relating to metal handgrenades.
(2) Section 20390, relating to an air gauge knife.
(3) Section 20490, relating to a belt buckle knife.
(4) Section 20590, relating to a cane sword.
(5) Section 20690, relating to a lipstick case knife.
(6) Section 20790, relating to a shobi-zue.
(7) Section 20990, relating to a writing pen knife.
(8) Section 21190, relating to a ballistic knife.
(9) Section 21890, relating to metal knuckles.
(10) Section 22290, relating to a leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot.
(11) Section 22490, relating to a shuriken.
(12) Section 24390, relating to a camouflaging firearm container.
(13) Section 24490, relating to a cane gun.
(14) Section 24590, relating to a firearm not immediately recognizable as a firearm.
(15) Section 24690, relating to an undetectable firearm.
(16) Section 24790, relating to a wallet gun.
(17) Section 30290, relating to flechette dart ammunition and to a bullet with an explosive agent.
(18) Section 31590, relating to an unconventional pistol.
(19) Section 32390, relating to a large-capacity magazine.
(20) Section 32990, relating to a multiburst trigger activator.
(21) Section 33290, relating to a short-barreled rifle or a short-barreled shotgun.
(22) Section 33690, relating to a zip gun.
(b) The weapons described in subdivision (a) shall be subject to confiscation and summary destruction whenever found within the state.
(c) The weapons described in subdivision (a) shall be destroyed in the same manner described in Section 18005, except that upon the certification of a judge or of the district attorney that the ends of justice will be served thereby, the weapon shall be preserved until the necessity for its use ceases.
(d) (1) Commencing July 1, 2022, the The Attorney General, a district attorney, or a city attorney may bring an action to enjoin the importation into the state or sale of any firearm precursor part that is unlawfully imported into this state or sold within this state in violation of Article 1 (commencing with Section 30400), Article 2 (commencing with Section 30442), Article 3 (commencing with Section 30470), and Article 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4. state.
(2) Commencing July 1, 2022, Any firearm precursor parts that are unlawfully imported in this state or sold within this state in violation of Article 1 (commencing with Section 30400), Article 2 (commencing with Section 30442), Article 3 (commencing with Section 30470), and Article 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4 are a nuisance and are subject to confiscation and destruction pursuant to Section 18005.

SEC. 9.

 Section 23910 of the Penal Code is amended to read:

23910.
 The Department of Justice, upon request, may assign a distinguishing number or mark of identification to any firearm whenever the firearm lacks a manufacturer’s number or other mark of identification. Whenever the manufacturer’s number or other mark of identification or a distinguishing number or mark assigned by the department has been destroyed or obliterated, the Department of Justice, upon request, shall may assign a distinguishing number or mark of identification to any firearm in accordance with Section 29182.

SEC. 10.

 Section 23920 of the Penal Code is amended to read:

23920.
 (a) Except as provided in Section 23925, any person who, with knowledge of any change, alteration, removal, or obliteration described in this section, buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model, or the manufacturer’s number or other mark of identification, including any distinguishing number or mark assigned by the Department of Justice, changed, altered, removed, or obliterated, is guilty of a misdemeanor.
(b) Except as provided in Section 23925, any person who knowingly possesses or imports into the state any firearm that does not have a valid serial number or mark of identification is guilty of a misdemeanor.
(c) As used in this section, “valid serial number or mark of identification” means any of the following:
(1) A serial number imprinted by a federal licensee authorized to serialize firearms.
(2) A serial number or mark of identification issued by the California Department of Justice pursuant to Section 23910 or 29180.
(3) A serial number or other mark of identification that was issued pursuant to the laws of another state to a resident of that state, if the Department of Justice determines, in any manner and at the department’s discretion, that the laws and processes for issuing firearm serial numbers in that state include adequate provisions for public safety. The department shall provide information listing any those states on the internet website for the Bureau of Firearms.

SEC. 11.

 Section 23925 of the Penal Code is amended to read:

23925.
 (a) Section 23920 does not apply to any of the following:

(a)

(1) The acquisition or possession of a firearm described in Section 23920 by any member of the military forces of this state or of the United States, while on duty and acting within the scope and course of employment.

(b)

(2) The acquisition or possession of a firearm described in Section 23920 by any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, while on duty and acting within the scope and course of employment.

(c)

(3) The acquisition or possession of a firearm described in Section 23920 by any employee of a forensic laboratory, while on duty and acting within the scope and course of employment.

(d)

(4) The possession and disposition of a firearm described in Section 23920 by a person who meets all of the following:

(1)

(A) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

(2)

(B) The person possessed the firearm no longer than was necessary to deliver it to a law enforcement agency for that agency’s disposition according to law.

(3)

(C) If the person is transporting the firearm, the person is transporting it to a law enforcement agency in order to deliver it to the agency for the agency’s disposition according to law.

(4)

(D) If the person is transporting the firearm to a law enforcement agency, the person has given prior notice to the agency that the person is transporting the firearm to that agency for the agency’s disposition according to law.

(5)

(E) The firearm is transported in a locked container as defined in Section 16850.
(b) Subdivision (b) of Section 23920 does not apply to any of the following:
(1) The possession of a firearm that was made or assembled prior to December 16, 1968 and is not a handgun.
(2) The possession of a firearm that has been entered, before July 1, 2018, into the centralized registry set forth in Section 11106, as being owned by a specific individual or entity, if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.
(3) The possession of a firearm that is a curio or relic, or an antique firearm, as those terms are defined in Section 479.11 of Title 27 of the Code of Federal Regulations.
(4) The possession of a firearm by a federally licensed firearms manufacturer or importer, or any other federal licensee authorized to serialize firearms.
(5) The possession of a firearm by a person who, before July 1, 2023, has applied in good faith to the Department of Justice for a unique serial number or mark of identification, pursuant to Section 29180, and fully complies with the provisions of that section, including imprinting the serial number or mark of identification onto the firearm within 10 days after receiving the serial number or mark of identification from the department.
(6) (A) The possession of a firearm by a new resident who applies for a unique serial number or other mark of identification from the Department of Justice within 60 days after arrival in the state, for any firearm the resident wishes to legally possess in the state that does not have a valid serial number or mark of identification.
(B) The good faith effort by a new resident to apply for a unique serial number or other mark of identification after the expiration of the 60-day period specified in this paragraph, or any other person’s good faith effort to apply for a unique serial number or mark of identification for a firearm that does not have a valid serial number or other mark of identification, shall not constitute probable cause for a violation of Section 23920.
(C) It is the intent of the Legislature to ensure that firearms possessed in the state have a valid serial number or mark of identification and to authorize penalties for violating that requirement, while encouraging instead of deterring people who are in possession of unserialized firearms to make good faith efforts to bring those firearms into compliance with the law.

SEC. 12.

 Section 27530 of the Penal Code is amended to read:

27530.
 (a) No person shall sell or otherwise transfer ownership in a handgun unless the firearm bears either: of a firearm that is not imprinted with a valid serial number or mark of identification as defined in Section 23920.

(a)The name of the manufacturer, the manufacturer’s make or model, and a manufacturer’s serial number assigned to that firearm.

(b)The identification number or mark assigned to the firearm by the Department of Justice pursuant to Section 23910.

(b) This section does not apply to either of the following:
(1) A firearm made or assembled prior to December 16, 1968, that is not a handgun.
(2) A firearm that is a curio or relic, or an antique firearm, as those terms are defined in Section 479.11 of Title 27 of the Code of Federal Regulations.

SEC. 13.

 Section 29180 of the Penal Code is amended to read:

29180.
 (a) For purposes of this chapter, “manufacturing” or “assembling” a firearm means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.

(b)Commencing July 1, 2018, prior to manufacturing or assembling a firearm, a person manufacturing or assembling the firearm shall do all of the following:

(1)Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.

(2)(A)Within 10 days of manufacturing or assembling a firearm in accordance with paragraph (1), the unique serial number or other mark of identification provided by the department shall be engraved or permanently affixed to the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.

(B)If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction with the unique serial number engraved or otherwise permanently affixed in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto.

(3)

(b) After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the assembling a firearm, a person shall notify the department of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, serial number of the frame or receiver, and a description of the firearm in a manner prescribed by the department.

(c)By January 1, 2019, any person who, as of July 1, 2018, owns a firearm that does not bear a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto, shall do all of the following:

(c) Any person who owns a firearm or firearm precursor part that does not bear a valid serial number or mark of identification, as defined in Section 23920, shall be deemed to be in compliance with subdivision (b) of Section 23920 if they, by no later than July 1, 2023, do all of the following:
(1) Apply to the Department of Justice for a unique serial number or other mark of identification pursuant to Section 29182.
(2) Within 10 days of receiving a unique serial number or other mark of identification from the department, the unique serial number or other mark of identification provided by the department shall be engraved engrave or permanently affixed affix that serial number or mark of identification to the firearm in accordance with regulations prescribed by the department pursuant to Section 29182 and in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto. If the firearm is manufactured or assembled from polymer plastic, 3.7 ounces of material type 17-4 PH stainless steel shall be embedded within the plastic upon fabrication or construction.
(3) After the serial number provided by the department is engraved or otherwise permanently affixed to the firearm, the person shall notify the department of that fact in a manner and within a time period specified by the department and with sufficient information to identify the owner of the firearm, the unique serial number or mark of identification provided by the department, and the firearm in a manner prescribed by the department.
(d) (1) The sale or transfer of ownership of a firearm manufactured or assembled pursuant to this section is prohibited. No person, other than a federally licensed manufacturer or importer, shall sell or transfer ownership of a firearm in this state that is manufactured or assembled by that person, except by operation of law.
(2) Paragraph (1) does not apply to the transfer, surrender, or sale of a firearm to a law enforcement agency.
(3) Any firearms confiscated by law enforcement that do not bear an engraved serial number or other mark of identification pursuant to subdivision (b) or (c), or a firearm surrendered, transferred, or sold to a law enforcement agency pursuant to paragraph (2) shall be destroyed as provided in Section 18005.
(4) Sections 26500 and 27545, and subdivision (a) of Section 31615, do not apply to the transfer, sale, or surrender of firearms to a law enforcement agency pursuant to paragraph (2).

(e)A new resident to the state shall apply for a unique serial number or other mark of identification pursuant to Section 29182 within 60 days of arrival for any firearm the resident wishes to possess in the state that the resident previously manufactured or assembled or a firearm the resident owns, that does not have a unique serial number or other mark of identification.

(f)

(e) A person, corporation, or firm shall not knowingly allow, facilitate, aid, or abet the manufacture or assembling of a firearm pursuant to this section by a person who is within any of the classes identified by 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.
(f) A person, corporation, or firm shall not knowingly manufacture or assemble, or knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of a firearm that is not imprinted with a valid serial number or mark of identification as defined in Section 23920.
(g) If the firearm is a handgun, a violation of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. For all other firearms, a violation of this section is punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Each firearm found to be in violation of this section constitutes a distinct and separate offense. This section does not preclude prosecution under any other law providing for a greater penalty.

SEC. 14.

 Section 29181 of the Penal Code is repealed.
29181.

Section 29180 does not apply to or affect any of the following:

(a)A firearm that has a serial number assigned to it pursuant to either Section 23910 or Chapter 44 (commencing with Section 921) of Part 1 of Title 18 of the United States Code and the regulations issued pursuant thereto.

(b)A firearm made or assembled prior to December 16, 1968, that is not a handgun.

(c)A firearm which was entered into the centralized registry set forth in Section 11106 prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.

(d)A firearm that has a serial number assigned to it pursuant to Chapter 53 of Title 26 of the United States Code and the regulations issued pursuant thereto.

(e)A firearm that is a curio or relic, or an antique firearm, as those terms are defined in Section 479.11 of Title 27 of the Code of Federal Regulations.

SEC. 15.

 Section 29182 of the Penal Code is amended to read:
29182.

(a)(1)The Department of Justice shall accept applications from, and shall grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to manufacture or assemble firearms pursuant to subdivision (b) of Section 29180.

(2)

29182.
 (a) The Department of Justice shall may accept applications from, and shall may grant applications in the form of serial numbers pursuant to Section 23910 to, persons who wish to own a firearm described in subdivision (c) of or firearm precursor part that does not have a valid serial number or mark of identification as defined in Section 29180. 23920.
(b) An application made pursuant to subdivision (a) shall only be granted by the department if the applicant does all of the following:
(1) For each transaction, completes a firearms eligibility check pursuant to Section 28220 demonstrating that the applicant is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(2) (A)Presents proof of age and identity as specified in Section 16400. Except as provided in subparagraph (B), the applicant shall be 16400 demonstrating that person is 21 years of age or older to obtain a unique serial number or mark of identification for a firearm. older.

(B)The department shall grant an application to an applicant who is at least 18 years of age, but less than 21 years of age, for a serial number for a firearm that is not a handgun, if that application is made before February 1, 2019.

(3) Provides a description of the firearm that he or she the applicant owns or intends to manufacture or assemble, in a manner prescribed by the department.
(4) Has a valid firearm safety certificate or handgun safety certificate.
(c) The department shall inform applicants who are denied an application of the reasons for the denial in writing.
(d) All applications shall be granted or denied within 15 calendar days of the receipt of the application by the department.
(e) (1) This chapter does not authorize a person to manufacture, assemble, or possess a weapon prohibited under Section 16590, an assault weapon as defined in Section 30510 or 30515, a machinegun as defined in Section 16880, a .50 BMG rifle as defined in Section 30530, or a destructive device as defined in Section 16460.
(2) This chapter does not authorize a person, on or after July 1, 2018, to manufacture or assemble an unsafe handgun, as defined in Section 31910.
(f) A new resident to the state shall be deemed to be in compliance with subdivision (b) of Section 23920 if, within 60 days after arriving in the state, they apply for a unique serial number or other mark of identification pursuant this section for any firearm that they wish to legally possess in the state and that does not have a unique serial number or other mark of identification.

(f)

(g) The department shall adopt regulations to administer this chapter.

SEC. 16.

 Section 29185 is added to the Penal Code, to read:

29185.
 (a) It is unlawful to sell, offer to sell, or transfer a computer numerical control (CNC) milling machine in this state that has the sole or primary function of manufacturing firearms to any person other than a federally licensed firearms manufacturer or importer.
(b) It is unlawful for any person in this state other than a federally licensed firearms manufacturer or importer to possess, purchase, or receive a CNC milling machine that has the sole or primary function of manufacturing firearms.
(c) This section does not apply to:
(1) A person who is engaged in the business of selling manufacturing equipment to a federally licensed firearms manufacturer or importer who possesses a CNC milling machine with the intent to sell or transfer the CNC milling machine to a federally licensed firearms manufacturer or importer.
(2) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(3) Any member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.

SEC. 17.

 Section 30400 of the Penal Code is repealed.
30400.

(a)Commencing July 1, 2022, a person, corporation, or dealer who does either 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 have known, 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 their agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of the age of majority and identity shall be a defense to any criminal prosecution under this section.

(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.

SEC. 18.

 Section 30400 is added to the Penal Code, to read:

30400.
 Except as provided in Section 30420, it shall be unlawful for a person to do either of the following:
(a) Sell, offer to sell, or transfer ownership of an unserialized firearm precursor part in this state to a person that is not either of the following:
(1) A federally licensed firearms manufacturer or importer.
(2) A federal licensee authorized to serialize firearms.
(b) Purchase or receive an unserialized firearm precursor part in this state unless the person is either of the following:
(1) A federally licensed firearms manufacturer or importer.
(2) A federal licensee authorized to serialize firearms.

SEC. 19.

 Section 30405 of the Penal Code is repealed.
30405.

(a)(1)Commencing July 1, 2022, 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, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(b)A violation of subdivision (a) does not occur if 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.

(c)Upon the trial for violating subdivision (a), the trier of fact shall determine whether the defendant is eligible for the exemption created by subdivision (b). The defendant has the burden of proving by a preponderance of the evidence that the defendant is within the scope of the exemption provided by subdivision (b).

(d)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.

SEC. 20.

 Section 30406 of the Penal Code is repealed.
30406.

(a)Commencing July 1, 2022, a person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives possession or control of a firearm precursor part to anybody who that person 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)Commencing July 1, 2022, 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 firearm precursor part, with knowledge or cause to believe that the firearm 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.

SEC. 21.

 Section 30412 of the Penal Code is repealed.
30412.

(a)(1)Commencing July 1, 2022, 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 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, 2022, 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. 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 2 (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 governmental 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.

(8)An authorized representative of a city, county, city and county, or state or federal government, if the firearm precursor part is obtained as part of an authorized, voluntary program in which the governmental entity is buying or receiving firearm precursor parts from private individuals.

(d)Any firearm precursor part acquired pursuant to paragraph (8) of subdivision (c) shall be disposed of pursuant to the applicable provisions of Sections 18000, 18005, and 34000.

(e)A violation of this section is a misdemeanor.

(f)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.

SEC. 22.

 Section 30414 of the Penal Code is repealed.
30414.

(a)Commencing July 1, 2022, a resident of this state shall not bring or transport into this state a firearm precursor part that they purchased or otherwise obtained from outside of this state unless they first had 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.

(6)A licensed common carrier or an authorized agent or employee of a licensed common carrier, when acting in the course and scope of duties incident to the delivery of or receipt of that firearm in accordance with federal law.

(c)A violation of this section is a misdemeanor.

(d)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.

SEC. 23.

 Section 30420 of the Penal Code is amended to read:

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 any of the following persons:
(a) A member of the United States Armed Forces, Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any police law enforcement 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. laboratory.
(b) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(c) An authorized representative of a city, county, city and county, or state or federal government that receives an unserialized firearm precursor part as part of an authorized, voluntary program in which the governmental entity is buying or receiving firearms or firearm precursor parts from private individuals.

SEC. 24.

 Article 2 (commencing with Section 30442) of Chapter 1.5 of Division 10 of Title 4 of Part 6 of the Penal Code is repealed.

SEC. 25.

 Article 3 (commencing with Section 30470) of Chapter 1.5 of Division 10 of Title 4 of Part 6 of the Penal Code is repealed.

SEC. 26.

 Article 4 (commencing with Section 30485) of Chapter 1.5 of Division 10 of Title 4 of Part 6 of the Penal Code is repealed.

SEC. 27.

 The Department of Justice is authorized to adopt emergency regulations to implement this Act.

SEC. 28.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 29.

 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.

The Legislature finds and declares the following:

(a)With rising homicides, the President of the United States has urged Congress to take action to end the gun violence epidemic.

(b)During the pandemic, cities across the country have experienced record-setting homicide numbers.

(c)The City of Los Angeles recorded over 352 homicides in 2021, and Chicago, Illinois, recorded over 756, with increases of 12 percent and 4 percent over the prior year, respectively. In Houston, Texas, homicides increased 18 percent from 2020.

(d)The nation’s capital recorded over 200 homicides in 2021, the highest number since 2004. Officers there have taken more than 2,000 guns off the street and, as the city works to curb gun violence, there is growing concern over ghost guns, which are sold as parts and then assembled by the customer.

(e)A commercially manufactured firearm is made by a licensed company and then sold by a licensed firearms dealer. All commercially manufactured firearms sold in the United States are required to have a serial numbers etched or engraved on the frame or receiver.

(f)Conversely, a ghost gun is manufactured from components that can be assembled at the home of the purchaser. There is generally no requirement to pass a background check to obtain the components of a ghost gun. These parts are sold online as kits that include an “80 percent receiver,” meaning that the frame or receiver is 80-percent complete, and the buyers must complete the final 20 percent themselves.

(g)A key selling point for many buyers is that a ghost gun does not have a serial number, that law enforcement agencies can use to trace the gun from the manufacturer to the dealer and then to any subsequent purchaser. Under current rules, the Bureau of Alcohol, Tobacco, Firearms and Explosives does not treat these unfinished receivers as traditional firearms.

(h)States including California, Connecticut, Delaware, Hawaii, Nevada, New Jersey, New York, Rhode Island, Virginia, and Washington, and the District of Columbia, have enacted laws to at least partially address the problem of unserialized firearms, but many states have left them completely unregulated.

SEC. 2.

It is the intent of the Legislature to enact legislation to further prohibit unserialized firearms in the state.