Amended in Senate June 22, 2016

Amended in Assembly May 31, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1673


Introduced by Assembly Member Gipson

(Coauthors: Assembly Members Bonta, Chiu, Jones-Sawyer, Levine, Santiago, and Ting)

January 19, 2016


An act to amend Section 16520 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1673, as amended, Gipson. Firearms: unfinished frame or receiver.

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.begin insert Under existing law, the term “firearm” includes the frame or receiver of the weapon.end insert Existing lawbegin delete provides, for some of these provisions, thatend deletebegin insert makesend insert a violation ofbegin delete the provision isend deletebegin insert certain of these prohibitionsend insert a crime.

begin delete

This bill would expand the definition of “firearm” for those purposes and other purposes to include a frame or receiver blank, casting, or machined body, that is designed and clearly identifiable as a component of a functional weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.

end delete
begin insert

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.

end insert

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

begin insert

This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by SB 894, SB 1407, and AB 857 which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last.

end insert

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: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 16520 of the Penal Code is amended to
2read:

3

16520.  

(a) As used in this part, “firearm” means a device,
4designed to be used as a weapon, from which is expelled through
5a barrel, a projectile by the force of an explosion or other form of
6combustion.

7(b) As used in the followingbegin delete provisions,end deletebegin insert sections,end insert “firearm”
8includes the frame or receiver of the weapon, begin delete or a frame or receiver
9blank, casting, or machined body, that is designed and clearly
10identifiable as a component of a functional weapon, from which
11is expelled through a barrel, a projectile by the force of an
12explosion or other form of combustion:end delete
begin insert as defined in subdivision
13(h):end insert

P3    1(1) Section 16550.

2(2) Section 16730.

3(3) Section 16960.

4(4) Section 16990.

5(5) Section 17070.

6(6) Section 17310.

7(7) Sections 26500 to 26588, inclusive.

8(8) Sections 26600 to 27140, inclusive.

9(9) Sections 27400 to 28000, inclusive.

10(10) Section 28100.

11(11) Sections 28400 to 28415, inclusive.

12(12) Sections 29010 to 29150, inclusive.

13(13) Sections 29610 to 29750, inclusive.

14(14) Sections 29800 to 29905, inclusive.

15(15) Sections 30150 to 30165, inclusive.

16(16) Section 31615.

17(17) Sections 31705 to 31830, inclusive.

18(18) Sections 34355 to 34370, inclusive.

19(19) Sections 8100, 8101, and 8103 of the Welfare and
20Institutions Code.

21(c) As used in the following provisions, “firearm” also includes
22a rocket, rocket propelled projectile launcher, or similar device
23containing an explosive or incendiary material, whether or not the
24device is designed for emergency or distress signaling purposes:

25(1) Section 16750.

26(2) Subdivision (b) of Section 16840.

27(3) Section 25400.

28(4) Sections 25850 to 26025, inclusive.

29(5) Subdivisions (a), (b), and (c) of Section 26030.

30(6) Sections 26035 to 26055, inclusive.

31(d) As used in the following provisions, “firearm” does not
32include an unloaded antique firearm:

33(1) Subdivisions (a) and (c) of Section 16730.

34(2) Section 16550.

35(3) Section 16960.

36(4) Section 17310.

37(5) Chapter 6 (commencing with Section 26350) of Division 5
38of Title 4.

39(6) Chapter 7 (commencing with Section 26400) of Division 5
40of Title 4.

P4    1(7) Sections 26500 to 26588, inclusive.

2(8) Sections 26700 to 26915, inclusive.

3(9) Section 27510.

4(10) Section 27530.

5(11) Section 27540.

6(12) Section 27545.

7(13) Sections 27555 to 27585, inclusive.

8(14) Sections 29010 to 29150, inclusive.

9(15) Section 25135.

10(e) As used in Sections 34005 and 34010, “firearm” does not
11include a destructive device.

12(f) As used in Sections 17280 and 24680, “firearm” has the
13same meaning as in Section 922 of Title 18 of the United States
14Code.

15(g) As used in Sections 29010 to 29150, inclusive, “firearm”
16includes the unfinished frame or receiver of a weapon that can be
17readily converted to the functional condition of a finished frame
18or receiver.

begin insert

19
(h) As used in this section, “frame” and “receiver” means that
20part of a firearm which provides housing for the hammer, bolt, or
21breechblock, and firing mechanism, and which is usually threaded
22at its forward portion to receive the barrel, and includes a frame
23or receiver blank, casting, or machined body that requires further
24machining or molding to be used as part of a functional weapon
25so long as it has been designed and is clearly identifiable as being
26used exclusively as part of a functional weapon.

end insert
27begin insert

begin insertSEC. 1.1end insertbegin insert.end insert  

end insert

begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

16520.  

(a) As used in this part, “firearm” means a device,
29designed to be used as a weapon, from which is expelled through
30a barrel, a projectile by the force of an explosion or other form of
31combustion.

32(b) As used in the followingbegin delete provisions,end deletebegin insert sections,end insert “firearm”
33includes the frame or receiver of thebegin delete weapon:end deletebegin insert weapon, as defined
34in subdivision (h):end insert

35(1) Section 16550.

36(2) Section 16730.

37(3) Section 16960.

38(4) Section 16990.

39(5) Section 17070.

40(6) Section 17310.

begin insert

P5    1
(7) Sections 25250 to 25275, inclusive.

end insert
begin delete

2(7)

end delete

3begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.

begin delete

4(8)

end delete

5begin insert(9)end insert Sections 26600 to 27140, inclusive.

begin delete

6(9)

end delete

7begin insert(10)end insert Sections 27400 to 28000, inclusive.

begin delete

8(10)

end delete

9begin insert(11)end insert Section 28100.

begin delete

10(11)

end delete

11begin insert(12)end insert Sections 28400 to 28415, inclusive.

begin delete

12(12)

end delete

13begin insert(13)end insert Sections 29010 to 29150, inclusive.

begin delete

14(13)

end delete

15begin insert(14)end insert Sections 29610 to 29750, inclusive.

begin delete

16(14)

end delete

17begin insert(15)end insert Sections 29800 to 29905, inclusive.

begin delete

18(15)

end delete

19begin insert(16)end insert Sections 30150 to 30165, inclusive.

begin delete

20(16)

end delete

21begin insert(17)end insert Section 31615.

begin delete

22(17)

end delete

23begin insert(18)end insert Sections 31705 to 31830, inclusive.

begin delete

24(18)

end delete

25begin insert(19)end insert Sections 34355 to 34370, inclusive.

begin delete

26(19)

end delete

27begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
28Institutions Code.

29(c) As used in the following provisions, “firearm” also includes
30a rocket, rocket propelled projectile launcher, or similar device
31containing an explosive or incendiary material, whether or not the
32device is designed for emergency or distress signaling purposes:

33(1) Section 16750.

34(2) Subdivision (b) of Section 16840.

35(3) Section 25400.

36(4) Sections 25850 to 26025, inclusive.

37(5) Subdivisions (a), (b), and (c) of Section 26030.

38(6) Sections 26035 to 26055, inclusive.

39(d) As used in the following provisions, “firearm” does not
40include an unloaded antique firearm:

P6    1(1) Subdivisions (a) and (c) of Section 16730.

2(2) Section 16550.

3(3) Section 16960.

4(4) Section 17310.

begin insert

5
(5) Division 4.5 (commencing with Section 25250) of Title 4.

end insert
begin delete

6(5)

end delete

7begin insert(end insertbegin insert6)end insert Chapter 6 (commencing with Section 26350) of Division 5
8of Title 4.

begin delete

9(6)

end delete

10begin insert(end insertbegin insert7)end insert Chapter 7 (commencing with Section 26400) of Division 5
11of Title 4.

begin delete

12(7)

end delete

13begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.

begin delete

14(8)

end delete

15begin insert(end insertbegin insert9)end insert Sections 26700 to 26915, inclusive.

begin delete

16(9)

end delete

17begin insert(10)end insert Section 27510.

begin delete

18(10)

end delete

19begin insert(1end insertbegin insert1)end insert Section 27530.

begin delete

20(11)

end delete

21begin insert(1end insertbegin insert2)end insert Section 27540.

begin delete

22(12)

end delete

23begin insert(1end insertbegin insert3)end insert Section 27545.

begin delete

24(13)

end delete

25begin insert(1end insertbegin insert4)end insert Sections 27555 to 27585, inclusive.

begin delete

26(14)

end delete

27begin insert(1end insertbegin insert5)end insert Sections 29010 to 29150, inclusive.

begin delete

28(15)

end delete

29begin insert(1end insertbegin insert6)end insert Section 25135.

30(e) As used in Sections 34005 and 34010, “firearm” does not
31include a destructive device.

32(f) As used in Sections 17280 and 24680, “firearm” has the
33same meaning as in Section 922 of Title 18 of the United States
34Code.

35(g) As used in Sections 29010 to 29150, inclusive, “firearm”
36includes the unfinished frame or receiver of a weapon that can be
37readily converted to the functional condition of a finished frame
38or receiver.

begin insert

39
(h) As used in this section, “frame” and “receiver” means that
40part of a firearm which provides housing for the hammer, bolt, or
P7    1breechblock, and firing mechanism, and which is usually threaded
2at its forward portion to receive the barrel, and includes a frame
3or receiver blank, casting, or machined body that requires further
4machining or molding to be used as part of a functional weapon
5so long as it has been designed and is clearly identifiable as being
6used exclusively as part of a functional weapon.

end insert
7begin insert

begin insertSEC. 1.2end insertbegin insert.end insert  

end insert

begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

8

16520.  

(a) As used in this part, “firearm” means a device,
9designed to be used as a weapon, from which is expelled through
10a barrel, a projectile by the force of an explosion or other form of
11combustion.

12(b) As used in the followingbegin delete provisions,end deletebegin insert sections,end insert “firearm”
13includes the frame or receiver of thebegin delete weapon:end deletebegin insert weapon, as defined
14in subdivision (h):end insert

15(1) Section 16550.

16(2) Section 16730.

17(3) Section 16960.

18(4) Section 16990.

19(5) Section 17070.

20(6) Section 17310.

21(7) Sections 26500 to 26588, inclusive.

22(8) Sections 26600 to 27140, inclusive.

23(9) Sections 27400 to 28000, inclusive.

24(10) Section 28100.

25(11) Sections 28400 to 28415, inclusive.

26(12) Sections 29010 to 29150, inclusive.

begin insert

27
(13) Section 29180.

end insert
begin delete

28(13)

end delete

29begin insert(14end insertbegin insert)end insert Sections 29610 to 29750, inclusive.

begin delete

30(14)

end delete

31begin insert(15end insertbegin insert)end insert Sections 29800 to 29905, inclusive.

begin delete

32(15)

end delete

33begin insert(16end insertbegin insert)end insert Sections 30150 to 30165, inclusive.

begin delete

34(16)

end delete

35begin insert(17end insertbegin insert)end insert Section 31615.

begin delete

36(17)

end delete

37begin insert(18end insertbegin insert)end insert Sections 31705 to 31830, inclusive.

begin delete

38(18)

end delete

39begin insert(19end insertbegin insert)end insert Sections 34355 to 34370, inclusive.

begin delete

40(19)

end delete

P8    1begin insert(20)end insert Sections 8100, 8101, and 8103 of the Welfare and
2Institutions Code.

3(c) As used in the following provisions, “firearm” also includes
4a rocket, rocket propelled projectile launcher, or similar device
5containing an explosive or incendiary material, whether or not the
6device is designed for emergency or distress signaling purposes:

7(1) Section 16750.

8(2) Subdivision (b) of Section 16840.

9(3) Section 25400.

10(4) Sections 25850 to 26025, inclusive.

11(5) Subdivisions (a), (b), and (c) of Section 26030.

12(6) Sections 26035 to 26055, inclusive.

13(d) As used in the following provisions, “firearm” does not
14include an unloaded antique firearm:

15(1) Subdivisions (a) and (c) of Section 16730.

16(2) Section 16550.

17(3) Section 16960.

18(4) Section 17310.

19(5) Chapter 6 (commencing with Section 26350) of Division 5
20of Title 4.

21(6) Chapter 7 (commencing with Section 26400) of Division 5
22of Title 4.

23(7) Sections 26500 to 26588, inclusive.

24(8) Sections 26700 to 26915, inclusive.

25(9) Section 27510.

26(10) Section 27530.

27(11) Section 27540.

28(12) Section 27545.

29(13) Sections 27555 to 27585, inclusive.

30(14) Sections 29010 to 29150, inclusive.

31(15) Section 25135.

begin insert

32
(16) Section 29180.

end insert

33(e) As used in Sections 34005 and 34010, “firearm” does not
34include a destructive device.

35(f) As used in Sections 17280 and 24680, “firearm” has the
36same meaning as in Section 922 of Title 18 of the United States
37Code.

38(g) As used in Sections 29010 to 29150, inclusive, “firearm”
39includes the unfinished frame or receiver of a weapon that can be
P9    1readily converted to the functional condition of a finished frame
2or receiver.

begin insert

3
(h) As used in this section, “frame” and “receiver” means that
4part of a firearm which provides housing for the hammer, bolt, or
5breechblock, and firing mechanism, and which is usually threaded
6at its forward portion to receive the barrel, and includes a frame
7 or receiver blank, casting, or machined body that requires further
8machining or molding to be used as part of a functional weapon
9so long as it has been designed and is clearly identifiable as being
10used exclusively as part of a functional weapon.

end insert
11begin insert

begin insertSEC. 1.3end insertbegin insert.end insert  

end insert

begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

12

16520.  

(a) As used in this part, “firearm” means a device,
13designed to be used as a weapon, from which is expelled through
14a barrel, a projectile by the force of an explosion or other form of
15combustion.

16(b) As used in the followingbegin delete provisions,end deletebegin insert sections, end insert “firearm”
17includes the frame or receiver of thebegin delete weapon:end deletebegin insert weapon, as defined
18in subdivision (h):end insert

19(1) Section 16550.

20(2) Section 16730.

21(3) Section 16960.

22(4) Section 16990.

23(5) Section 17070.

24(6) Section 17310.

begin insert

25
(7) Sections 25250 to 25275, inclusive.

end insert
begin delete

26(7)

end delete

27begin insert(8end insertbegin insert)end insert Sections 26500 to 26588, inclusive.

begin delete

28(8)

end delete

29begin insert(9end insertbegin insert)end insert Sections 26600 to 27140, inclusive.

begin delete

30(9)

end delete

31begin insert(10end insertbegin insert)end insert Sections 27400 to 28000, inclusive.

begin delete

32(10)

end delete

33begin insert(11end insertbegin insert)end insert Section 28100.

begin delete

34(11)

end delete

35begin insert(1end insertbegin insert2)end insert Sections 28400 to 28415, inclusive.

begin delete

36(12)

end delete

37begin insert(1end insertbegin insert3)end insert Sections 29010 to 29150, inclusive.

begin insert

38
(14) Section 29180.

end insert
begin delete

39(13)

end delete

40begin insert(1end insertbegin insert5)end insert Sections 29610 to 29750, inclusive.

begin delete

P10   1(14)

end delete

2begin insert(1end insertbegin insert6)end insert Sections 29800 to 29905, inclusive.

begin delete

3(15)

end delete

4begin insert(1end insertbegin insert7)end insert Sections 30150 to 30165, inclusive.

begin delete

5(16)

end delete

6begin insert(1end insertbegin insert8)end insert Section 31615.

begin delete

7(17)

end delete

8begin insert(1end insertbegin insert9)end insert Sections 31705 to 31830, inclusive.

begin delete

9(18)

end delete

10begin insert(end insertbegin insert20)end insert Sections 34355 to 34370, inclusive.

begin delete

11(19)

end delete

12begin insert(21end insertbegin insert)end insert Sections 8100, 8101, and 8103 of the Welfare and
13Institutions Code.

14(c) As used in the following provisions, “firearm” also includes
15a rocket, rocket propelled projectile launcher, or similar device
16containing an explosive or incendiary material, whether or not the
17device is designed for emergency or distress signaling purposes:

18(1) Section 16750.

19(2) Subdivision (b) of Section 16840.

20(3) Section 25400.

21(4) Sections 25850 to 26025, inclusive.

22(5) Subdivisions (a), (b), and (c) of Section 26030.

23(6) Sections 26035 to 26055, inclusive.

24(d) As used in the following provisions, “firearm” does not
25include an unloaded antique firearm:

26(1) Subdivisions (a) and (c) of Section 16730.

27(2) Section 16550.

28(3) Section 16960.

29(4) Section 17310.

begin insert

30
(5) Division 4.5 (commencing with Section 25250) of Title 4.

end insert
begin delete

31(5)

end delete

32begin insert(6end insertbegin insert)end insert Chapter 6 (commencing with Section 26350) of Division 5
33of Title 4.

begin delete

34(6)

end delete

35begin insert(7end insertbegin insert)end insert Chapter 7 (commencing with Section 26400) of Division 5
36of Title 4.

begin delete

37(7)

end delete

38begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.

begin delete

39(8)

end delete

40begin insert(end insertbegin insert9)end insert Sections 26700 to 26915, inclusive.

begin delete

P11   1(9)

end delete

2begin insert(10)end insert Section 27510.

begin delete

3(10)

end delete

4begin insert(1end insertbegin insert1)end insert Section 27530.

begin delete

5(11)

end delete

6begin insert(12end insertbegin insert)end insert Section 27540.

begin delete

7(12)

end delete

8begin insert(1end insertbegin insert3)end insert Section 27545.

begin delete

9(13)

end delete

10begin insert(1end insertbegin insert4)end insert Sections 27555 to 27585, inclusive.

begin delete

11(14)

end delete

12begin insert(15end insertbegin insert)end insert Sections 29010 to 29150, inclusive.

begin delete

13(15)

end delete

14begin insert(1end insertbegin insert6)end insert Section 25135.

begin insert

15
(17) Section 29180.

end insert

16(e) As used in Sections 34005 and 34010, “firearm” does not
17include a destructive device.

18(f) As used in Sections 17280 and 24680, “firearm” has the
19same meaning as in Section 922 of Title 18 of the United States
20Code.

21(g) As used in Sections 29010 to 29150, inclusive, “firearm”
22includes the unfinished frame or receiver of a weapon that can be
23readily converted to the functional condition of a finished frame
24or receiver.

begin insert

25
(h) As used in this section, “frame” and “receiver” means that
26part of a firearm which provides housing for the hammer, bolt, or
27breechblock, and firing mechanism, and which is usually threaded
28at its forward portion to receive the barrel, and includes a frame
29or receiver blank, casting, or machined body that requires further
30machining or molding to be used as part of a functional weapon
31so long as it has been designed and is clearly identifiable as being
32used exclusively as part of a functional weapon.

end insert
33begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

(a) Section 1.1 of this bill incorporates amendments
34to Section 16520 of the Penal Code proposed by both this bill and
35Senate Bill 894. It shall only become operative if (1) both bills are
36enacted and become effective on or before January 1, 2017, (2)
37each bill amends Section 16520 of the Penal Code, (3) Senate Bill
381407 and Assembly Bill 857 are not enacted or as enacted do not
39amend that section, and (4) this bill is enacted after Senate Bill
P12   1894, in which case Sections 1, 1.2, and 1.3 of this bill shall not
2become operative.

end insert
begin insert

3
(b) Section 1.2 of this bill incorporates amendments to Section
416520 of the Penal Code proposed by this bill and both Senate
5Bill 1407 and Assembly Bill 857. It shall only become operative
6if (1) all bills are enacted, or just this bill and either Senate Bill
71407 or Senate Bill 857 are enacted and become effective on or
8before January 1, 2017, (2) each bill as enacted amends Section
916520 of the Penal Code, (3) Senate Bill 894 is not enacted or as
10enacted does not amend that section, and (4) this bill is enacted
11after Senate Bill 1407 and Assembly Bill 857 in which case Sections
121, 1.1, and 1.3 of this bill shall not become operative.

end insert
begin insert

13
(c) Section 1.3 of this bill incorporates amendments to Section
1416520 of the Penal Code proposed by this bill, Senate Bill 894,
15Senate Bill 1407, and Assembly Bill 857. It shall only become
16operative if (1) all bills are enacted, or this bill, Senate Bill 894,
17and either Senate Bill 1407 or Assembly Bill 857 are enacted and
18become effective on or before January 1, 2017, (2) each bill as
19enacted amends Section 16520 of the Penal Code, and (3) this bill
20is enacted after Senate Bill 894 and both Senate Bill 1407 and
21Assembly Bill 857, in which case Sections 1, 1.1, and 1.2 of this
22bill shall not become operative.

end insert
23

begin deleteSEC. 2.end delete
24
begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



O

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