BILL ANALYSIS Ó
AB 1673
Page 1
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1673 (Gipson) - As Amended March 29, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill expands the definition of "firearm" to include the
frame or receiver of the weapon or a frame or receiver "blank,"
"casting" or "machined body" that is designed and clearly
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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.
FISCAL EFFECT:
Initial moderate DOJ cost in the range of $250,000 for each of
the first two years, and $40,000 on every year thereafter
(Dealers' Record of Sale Account). These cost include one-time
cost for software programming, development and testing to
register the new firearms. Current law requires DOJ to charge a
dealer a fee for every firearm purchased.
COMMENTS:
1)Current law:
a) Federal law requires licensed importers and
manufacturers to identify each gun imported or manufactured
by using the serial number engraved or cast on the receiver
or frame.
b) The U.S. Undetectable Firearms Act of 1988 makes it
illegal to manufacture, import, sell, possess, or receive
any gun that is not as detectable by walk-through metal
detection by containing at least 3.7 oz. of steel, or any
gun with major components that do not generate an accurate
image before standard airport imaging technology.
c) Allows the state DOJ, upon request, to assign a
distinguishing number or mark to any gun that lacks a
manufacturer's number or other mark of identification, or
if the manufacturer's number or other mark of
identification, or a distinguishing number or mark assigned
by the department has been destroyed.
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d) Requires that firearms dealers obtain certain
identifying information from firearms purchasers and
forward that information, via electronic transfer to the
DOJ to perform a background check on the purchaser to
determine whether he or she is prohibited from possessing a
firearm
e) Requires purchasers to present a handgun safety
certificate prior to the submission of DROS information for
a firearm, or provide the dealer with proof of exemption
f) Makes it a misdemeanor, with exceptions, to buy,
receive, sell, or possess a gun that has had the name of
the maker or model, or the manufacturer's number or other
mark of identification altered, or obliterated.
There are no provisions in existing law, however, which
prevent a person from buying an 80% lower receiver and then
making it into a fully functional firearm. According to
Tactical Machining, "An 80% Receiver is a partially completed
piece of material that requires special tooling and skills to
be completed and considered a firearm."
Because 80% lower receivers are not considered firearms, a
person purchasing them does not have to go through a federal
firearms dealer, and does not have to undergo a background
check. Additionally, according to the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) "firearms that began as
receiver blanks have been recovered after shooting incidents,
from gang members and from prohibited people after they have
been used to commit crimes."
2)Purpose. According to the author, AB 1673 will close a
dangerous loophole that allows anyone to sell, trade and
manufacture in partial-completion the only part of a firearm
that is subject to serial-number identification and
registration. Unfinished receivers and frames will be treated
the same way a finished receiver is treated, and require
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background checks in order to be sold, prohibit them from the
possession of the mentally ill and convicted felons, and
require mandatory serial number application.
3)Support: According to the California Chapters of the Brady
Campaign, "Although existing California law requires
background checks and the retention of transfer records,
people have found that they can avoid these requirements and
other California gun laws by creating and marketing partially
complete or "80 percent" lower receivers or frames. According
to media reports and law enforcement, there is a growing
number of firearms assembled from partially complete receivers
and fames and these firearms are increasingly used in crime.
AB 1673 will address this problem.
"A person with a drill press can easily drill the necessary
holes to complete the receiver or frame and advances in 3D
printing technology is increasing the availability of
unfinished lower receivers and frames. Firearms assembled
from these partially complete lower receivers and frames are
untraceable for law enforcement."
4)Opposition. According to the Firearms Policy Coalition, "AB
1673 would change the definition of a firearm to include
things that are not firearms.
"In order to comply with AB 1673, non-firearm firearms would
need to be taken to and transferred through a licensed (real)
firearms dealer. These 'readily convertible' pieces of
plastic, wood, aluminum, iron, or steel would then need to be
entered into the California Department of Justice (DOJ)
Dealer's Record of Sale Entry System (DROS DES) in order to
provide the DOJ with the information required to register the
non-firearm with the state. (Can you imagine what the DOJ's
DROS DES technical support logs will look like after AB 1673?)
"Unfortunately for Assemblymember Gipson, the DOJ's systems
are designed for actual firearms. AB 1673 would necessitate
the promulgation of new regulations as well as costly
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modifications to DOJ's many systems and databases. (While the
cost of doing as much would certainly be substantial,
California would at least have bragging rights to the first
non-firearm firearm database in the known history of the
world.)
"Adding insult to injury, following the entry of the
non-firearm firearm into the DROS system, the non-firearm
firearm owner would then be required to wait at least 10 days
(and up to 30) to take possession of their non-firearm firearm
from the transferring dealer.
"And should the non-firearm firearm owner ever be found or
thought to be prohibited from firearm possession, the person
would be placed into the DOJ's failed Armed Prohibited Persons
system so DOJ agents or local law enforcement could confiscate
the non-firearm firearm."
5)Related Legislation: SB 1407 (De Leon), requires a person who
manufactures or assembles a firearm to first apply to the DOJ
for a unique serial number or other identifying mark; requires
any person who owns a firearm that does not bear a serial
number to likewise apply to the department for a unique serial
number or other mark of identification; prohibits the sale or
transfer of ownership of a firearm manufactured or assembled
pursuant to these provisions; and prohibits a person from
aiding in the manufacture or assembly of a firearm by a person
who is prohibited from possessing a firearm. SB 1407 has been
referred to Senate Rules Committee for further assignment.
6)Prior Legislation: SB 808 (De Leon) of the 2013-2014
legislative session, required a person, commencing January 1,
2016, to apply to and obtain from the Department of Justice
(DOJ) a unique serial number or other mark of identification
prior to manufacturing or assembling a firearm. The Governor
vetoed the bill with the following message:
"I am returning Senate Bill 808 without my signature.
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"SB 808 would require individuals who build guns at home to
first obtain a serial number and register the weapon with
the Department of Justice.
"I appreciate the author's concerns about gun violence, but
I can't see how adding a serial number to a homemade gun
would significantly advance public safety."
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081