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.
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 deleteThis 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 insertBy expanding the scope of existing crimes, this bill would impose a state-mandated local program.
begin insertThis 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 insertThe 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:
Section 16520 of the Penal Code is amended to
2read:
(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
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.
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.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(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.
2(7)
end delete3begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.
4(8)
end delete5begin insert(9)end insert Sections 26600 to 27140, inclusive.
6(9)
end delete7begin insert(10)end insert Sections 27400 to 28000, inclusive.
8(10)
end delete9begin insert(11)end insert Section 28100.
10(11)
end delete11begin insert(12)end insert Sections 28400 to 28415, inclusive.
12(12)
end delete13begin insert(13)end insert Sections 29010 to 29150, inclusive.
14(13)
end delete15begin insert(14)end insert Sections 29610 to 29750, inclusive.
16(14)
end delete17begin insert(15)end insert Sections 29800 to 29905, inclusive.
18(15)
end delete19begin insert(16)end insert Sections 30150 to 30165, inclusive.
20(16)
end delete21begin insert(17)end insert Section 31615.
22(17)
end delete23begin insert(18)end insert Sections 31705 to 31830, inclusive.
24(18)
end delete25begin insert(19)end insert Sections 34355 to 34370, inclusive.
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.
6(5)
end delete
7begin insert(end insertbegin insert6)end insert Chapter 6 (commencing with Section 26350) of Division 5
8of Title 4.
9(6)
end delete
10begin insert(end insertbegin insert7)end insert Chapter 7 (commencing with Section 26400) of Division 5
11of Title 4.
12(7)
end delete13begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.
14(8)
end delete15begin insert(end insertbegin insert9)end insert Sections 26700 to 26915, inclusive.
16(9)
end delete17begin insert(10)end insert Section 27510.
18(10)
end delete19begin insert(1end insertbegin insert1)end insert Section 27530.
20(11)
end delete21begin insert(1end insertbegin insert2)end insert Section 27540.
22(12)
end delete23begin insert(1end insertbegin insert3)end insert Section 27545.
24(13)
end delete25begin insert(1end insertbegin insert4)end insert Sections 27555 to 27585, inclusive.
26(14)
end delete27begin insert(1end insertbegin insert5)end insert Sections 29010 to 29150, inclusive.
28(15)
end delete29begin 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.
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.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(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.
28(13)
end delete29begin insert(14end insertbegin insert)end insert Sections 29610 to 29750, inclusive.
30(14)
end delete31begin insert(15end insertbegin insert)end insert Sections 29800 to 29905, inclusive.
32(15)
end delete33begin insert(16end insertbegin insert)end insert Sections 30150 to 30165, inclusive.
34(16)
end delete35begin insert(17end insertbegin insert)end insert Section 31615.
36(17)
end delete37begin insert(18end insertbegin insert)end insert Sections 31705 to 31830, inclusive.
38(18)
end delete39begin insert(19end insertbegin insert)end insert Sections 34355 to 34370, inclusive.
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.
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.
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.
begin insertSection 16520 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(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.
26(7)
end delete27begin insert(8end insertbegin insert)end insert Sections 26500 to 26588, inclusive.
28(8)
end delete29begin insert(9end insertbegin insert)end insert Sections 26600 to 27140, inclusive.
30(9)
end delete31begin insert(10end insertbegin insert)end insert Sections 27400 to 28000, inclusive.
32(10)
end delete33begin insert(11end insertbegin insert)end insert Section 28100.
34(11)
end delete35begin insert(1end insertbegin insert2)end insert Sections 28400 to 28415, inclusive.
36(12)
end delete37begin insert(1end insertbegin insert3)end insert Sections 29010 to 29150, inclusive.
begin insert
38
(14) Section 29180.
39(13)
end delete40begin insert(1end insertbegin insert5)end insert Sections 29610 to 29750, inclusive.
P10 1(14)
end delete2begin insert(1end insertbegin insert6)end insert Sections 29800 to 29905, inclusive.
3(15)
end delete4begin insert(1end insertbegin insert7)end insert Sections 30150 to 30165, inclusive.
5(16)
end delete6begin insert(1end insertbegin insert8)end insert Section 31615.
7(17)
end delete8begin insert(1end insertbegin insert9)end insert Sections 31705 to 31830, inclusive.
9(18)
end delete10begin insert(end insertbegin insert20)end insert Sections 34355 to 34370, inclusive.
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.
31(5)
end delete
32begin insert(6end insertbegin insert)end insert Chapter 6 (commencing with Section 26350) of Division 5
33of Title 4.
34(6)
end delete
35begin insert(7end insertbegin insert)end insert Chapter 7 (commencing with Section 26400) of Division 5
36of Title 4.
37(7)
end delete38begin insert(end insertbegin insert8)end insert Sections 26500 to 26588, inclusive.
39(8)
end delete40begin insert(end insertbegin insert9)end insert Sections 26700 to 26915, inclusive.
P11 1(9)
end delete2begin insert(10)end insert Section 27510.
3(10)
end delete4begin insert(1end insertbegin insert1)end insert Section 27530.
5(11)
end delete6begin insert(12end insertbegin insert)end insert Section 27540.
7(12)
end delete8begin insert(1end insertbegin insert3)end insert Section 27545.
9(13)
end delete10begin insert(1end insertbegin insert4)end insert Sections 27555 to 27585, inclusive.
11(14)
end delete12begin insert(15end insertbegin insert)end insert Sections 29010 to 29150, inclusive.
13(15)
end delete14begin insert(1end insertbegin insert6)end insert Section 25135.
begin insert
15
(17) Section 29180.
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.
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.
(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.
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.
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.
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
96