BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1673       Hearing Date:    June 14, 2016    
          
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          |Author:    |Gipson                                               |
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          |Version:   |May 31, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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                  Subject:  Firearms:  Unfinished Frame or Receiver



          HISTORY

          Source:   Author

          Prior Legislation:  SB 808 (De León) - 2013, vetoed
                         AB 809 (Feuer) - Chap. 745, Stats. of 2011
                         AB 302 (Beall) - Chap. 344, Stats. of 2010
                              AB 1810 (Feuer) - 2010, failed passage on  
          the Senate floor
                                AB 161 (Steinberg) - Chap. 754, Stats. of  
          2003
                                   AB 950 (Brulte) - Chap. 944, Stats. of  
          2001
                                   AB 2188 (Scott) - Chap. 398, Stats. of  
          1998


          Support:  American Academy of Pediatrics; California Chapters of  
                    the Brady Campaign; California Civil Liberties  
                    Advocacy; City of Carson; City of Santa Monica; Law  
                    Center to Prevent Gun Violence

          Opposition:California Association of Federal Firearms Licensees;  
                    California Rifle and Pistol Association; California  
                    Sportsmen's Lobby; Crossroads of the West Gun Shows;  







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                    Firearms Policy Coalition; Gun Owners of California;  
                    National Rifle Association; National Shooting Sports  
                    Foundation; Outdoor Sportsmen's Coalition of  
                    California; Safari Club International

          Assembly Floor Vote:                 44 - 33


          PURPOSE

          The purpose of this bill is to expand the definition of  
          "firearm" 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.
          
          Existing federal law requires licensed firearms dealers, before  
          they may deliver a firearm to a purchaser, to perform a  
          background check on the purchaser through the federal National  
          Instant Criminal Background Check System ("NICS").  (18 U.S.C §§  
          921, et seq.)

          Existing federal law requires licensed importers and licensed  
          manufacturers to identify each firearm imported or manufactured  
          by using the serial number engraved or cast on the receiver or  
          frame of the weapon, in such manner as prescribed by the  
          Attorney General.  (18 U.S.C. § 923(i).) 

          Under existing federal law, the United States Undetectable  
          Firearms Act of 1988 makes it illegal to manufacture, import,  
          sell, ship, deliver, possess, transfer, or receive any firearm  
          that is not as detectable by walk-through metal detection as a  
          security exemplar containing 3.7 oz of steel, or any firearm  
          with major components that do not generate an accurate image  
          before standard airport imaging technology.  (18 U.S.C. §  
          922(p).)  

          Existing law requires all sales, loans, and transfers of  
          firearms to be processed through or by a state-licensed firearms  
          dealer or a local law enforcement agency.  (Penal Code § 27545.)

          Existing law defines "firearm" as 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  







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          combustion.  (Penal Code § 16520.)

          Existing law provides that there is a 10-day waiting period when  
          purchasing a firearm through a firearms dealer.  During which  
          time, a background check is conducted.  (Penal Code §§ 26815 and  
          27540.)

          Existing law requires a person be at least 18 years of age to  
          purchase a rifle or shotgun.  To purchase a handgun, a person  
          must be at least 21 years of age.  As part of the Dealer Record  
          of Sales (DROS) process, the purchaser must present "clear  
          evidence of identity and age" which is defined as a valid,  
          non-expired California Driver's License or Identification Card  
          issued by the Department of Motor Vehicles.  (Penal Code §§  
          27510 and 16400.) 

          Existing law requires purchasers to present a handgun safety  
          certificate prior to the submission of DROS information for a  
          handgun or provide the dealer with proof of exemption pursuant  
          to California Penal Code Section 31700.  Beginning on January 1,  
          2015, this requirement was extended to all firearms.  (Penal  
          Code § 26840.)

          Existing law requires that firearms dealers obtain certain  
          identifying information from firearms purchasers and forward  
          that information, via electronic transfer to the Department of  
          Justice to perform a background check on the purchaser to  
          determine whether he or she is prohibited from possessing a  
          firearm.  (Penal Code §§ 28160-28220.)

          Existing law requires firearms to be centrally registered at the  
          time of transfer or sale by way of transfer forms centrally  
          compiled by DOJ.  The DOJ is required to keep a registry from  
          data sent to DOJ indicating who owns what firearm by make,  
          model, and serial number and the date thereof.  (Penal Code §  
          11106(a) and (c).) 

          Existing law requires that, upon receipt of the purchaser's  
          information, DOJ shall examine its records, as well as those  
          records that it is authorized to request from the State  
          Department of Mental Health pursuant to Section 8104 of the  
          Welfare and Institutions Code, in order to determine if the  
          purchaser is prohibited from purchasing a firearm because of a  
          prior felony conviction or because they had previously purchased  
          a handgun within the last 30 days, or because they had received  







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          inpatient treatment for a mental health disorder, as specified.   
          (Penal Code § 28220.) 




          Existing law allows the DOJ to require the dealer to charge each  
          firearm purchaser a fee not to exceed $14, except that the fee  
          may be increased at a rate not to exceed any increase in the  
          California Consumer Price Index as compiled and reported by the  
          Department of Industrial Relations.  This fee, known as the DROS  
          fee, shall be no more than is necessary to fund specific  
          codified costs.  (Penal Code § 28225.)

          Under existing law, the DOJ may charge a fee sufficient to  
          reimburse it for each of the following but not to exceed  
          fourteen dollars ($14), except that the fee may be increased at  
          a rate not to exceed any increase in the California Consumer  
          Price Index as compiled and reported by the Department of  
          Industrial Relations:

                 For the actual costs associated with the preparation,  
               sale, processing, and filing of forms or reports required  
               or utilized pursuant to any provision listed in subdivision  
               (a) of Section 16585.

                 For the actual processing costs associated with the  
               submission of a Dealers' Record of Sale to the department.

                 For the actual costs associated with the preparation,  
               sale, processing, and filing of reports utilized pursuant  
               to Sections 26905, 27565, or 28000, or paragraph (1) of  
               subdivision (a) of Section 27560.

                 For the actual costs associated with the electronic or  
               telephonic transfer of information pursuant to Section  
               28215.

                 Any costs incurred by the Department of Justice to  
               implement this section shall be reimbursed from fees  
               collected and charged pursuant to this section.  No fees  
               shall be charged to the dealer pursuant to Section 28225  
               for implementing this section.  (Penal Code § 28230.)

          Under existing law, the Attorney General shall establish and  







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          maintain an online database to be known as the Prohibited Armed  
          Persons File.  The purpose of the file is to cross-reference  
          persons who have ownership or possession of a firearm on or  
          after January 1, 1991, as indicated by a record in the  
          Consolidated Firearms Information System, and who, subsequent to  
          the date of that ownership or possession of a firearm, fall  
          within a class of persons who are prohibited from owning or  
          possessing a firearm.  (Penal Code § 30000.) 

          This bill expands the definition of "firearm" 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.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  







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          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
           Whether a proposal proposes penalties which are proportionate,  
               and cannot be achieved through any other reasonably  
               appropriate remedy.


          COMMENTS

          1.   Need for Legislation 

          According to the author: 

             AB 1673 will expand the definition of a firearm, to  
             include 'unfinished frames and receivers,' which 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  







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             identification and registration. The change will treat  
             unfinished receivers and frames the same way a finished  
             receiver is treated, and require 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. This expanded  
             definition will not affect the activities of gun  
             manufacturers or home firearm-crafting enthusiasts. Gun  
             manufacturers and home firearm-crafting enthusiasts will  
             however be required to register their firearms as they  
             manufacture them.

          2.Recent Events
          
          According to a July 15, 2013, briefing prepared by the Minority  
          Staff of the Committee on Energy and Commerce, United States  
          House of Representatives: 

               On June 7, 2013, John Zawahri, 23, killed five people and  
               injured several more during a shooting rampage that lasted  
               approximately 13 minutes in Santa Monica, California.  He  
               first shot and killed his father, Samir Zawahri, and  
               brother, Christopher, at their home.  He then pulled over  
               and carjacked Laurie Sisk, forcing her to drive at gunpoint  
               to Santa Monica College.  Zawahri shot at numerous cars,  
               pedestrians, and a bus en route, killing the college's  
               groundskeeper, Carlos Franco, and his daughter, Marcela.   
               Upon arriving at the campus, he then fatally shot another  
               woman, Margarita Gomez.  He then entered the school  
               library, where he attempted to kill several library patrons  
               who were hiding in a safe room.  Police, who had been  
               alerted to the shooting and to Zawahri's location by  
               numerous 911 calls, exchanged gunfire in the library with  
               the shooter and pronounced him dead at the scene.   
               According to authorities, Zawahri fired approximately 100  
               rounds in total.

               Zawahri had a history of mental illness.  In 2006, a  
               teacher at his high school discovered Zawahri researching  
               assault weapons online.  School officials contacted the  
               police and he was subsequently admitted to the psychiatric  
               ward at the University of California, Los Angeles Medical  
               Center.  Zawahri attempted to buy a weapon in 2011, but a  
               background check conducted by the California Department of  
               Justice found him ineligible and denied the purchase.  The  







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               reasons for this denial have not been publicly released.
           
               Zawahri used a modified AR-15 rifle in the shooting and  
               also carried a .44-caliber handgun.  He possessed more  
               than 1,300 rounds of ammunition.  The AR-15 rifle is the  
               same type of gun used in the mass shootings that occurred  
               in Aurora, Colorado, and Newtown, Connecticut.  The AR-15  
               firearm held 30 rounds.  California state law bans the  
               sale of AR-15 rifles with a magazine capacity greater than  
               ten rounds.  Authorities believe that Zawahri assembled  
               his AR-15 rifle using parts he bought in pieces from a  
               number of different sources, including an 80% completed  
               lower receiver.  Police found a drill press at Zawahri's  
               home, a tool that can make holes in the lower receiver to  
               complete the weapon.  (Citations Omitted.)  

          The manufacturing and selling of illegal guns continues to  
          be an issue in California: 
                                                
               Manufacturing and selling illegal guns -- including  
               so-called "ghost guns" -- is the most common type of  
               investigation the Sacramento Bureau of Alcohol Tobacco  
               and Firearms deals with.

               "Ghost guns" are missing a serial number and have been  
               manufactured with parts likely bought online.

               "In this office we find quite a few of them and we have  
               made a number of cases over the last few years of people  
               that are selling these firearms for profit, and I would  
               expect that we continue to make those types of cases," said  
               ATF spokesman Graham Barlowe.

               Last October, two brothers were indicted for illegally  
               manufacturing and selling guns in Sacramento. Agents seized  
               345 guns as part of that investigation.

               Daniel Crowninshield, who is also known as "Dr. Death," was  
               also indicted last year for manufacturing unlicensed  
               firearms, using computer-controlled machines at a North  
               Sacramento metal shop.

               In Elk Grove, machinist Richard Gray usually restores cars  
               at his shop, but said he has had people bring in parts  
               claiming they need a broken gun fixed.







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               "But (I) then started realizing that wasn't exactly what  
               they were doing. What they were really doing was trying to  
               create a gun that didn't have any serial numbers on it,"  
               Gray said.

               Now, Gray said he won't accept any type of firearm.

               "We just tell them straight up that we're not in that kind  
               of business." 

               He's a supporter for stricter legislation on assembling  
               guns, but thinks it'll make illegal gun manufacturers more  
               desperate.

               "They're gonna go someplace else. They're gonna get the  
               parts and bring them in here by hook or crook," he said.

               There are several websites dedicated to selling parts to  
               build any firearm.

               "We do have cases ongoing at this time, and as I said, I  
               would expect that we'll have cases, we'll be opening cases  
               in the months and year following until, really until  
               there's a change in the way that we see this problem,"  
               Barlowe said.

          (Dana Griffin, ATF: 'Ghost guns' a growing trend in Sacramento  
          area, August 6, 2015,  
          http://www.kcra.com/news/atf-ghost-guns-a-growing-trend-in-sacram 
          ento-area/34586452.) 

          In 2016, the federal grand jury returned an indictment against  
          Craig Mason, of Auburn, charging him with unlawful dealing and  
          manufacturing firearms: 

               According to court documents, Mason and others  
               involved in the scheme sold the parts necessary to  
               assemble a firearm. Mason operated a workshop on his  
               property that he used to manufacture firearms by  
               converting AR-15-style blanks into lower receivers.

               A "blank" is a metal casting that is not considered a  
               firearm by ATF. It is converted into a "lower  
               receiver" by using a drill press or automated machine  







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               to create the precise shape and space necessary for  
               the lower receiver to accept the parts that will allow  
               the firing of a projectile. These parts (e.g., the  
               hammer, bolt or breechlock, and firing mechanism) are  
               the internal mechanical parts that combine with a  
               trigger, firing pin, and other parts to form a  
               functioning firearm. Once the blank is converted to a  
               lower receiver, it is considered firearm by statute,  
               even if there is no barrel, handle, or trigger, etc.,  
               and it is subject to regulation.

               On April 23, 2013, Mason manufactured two AR-15-style  
               lower receivers for an ATF confidential informant.  
               Despite being told that the confidential informant had  
               been to prison and therefore prohibited from  
               possessing a firearm, Mason created the firearms and  
               sold his services to the confidential informant.

          (https://www.atf.gov/news/pr/auburn-man-indicted-illegally-m 
          anufacturing-firearms.) 

          3.  Effect of This Legislation 

          This legislation makes "the frame or receiver of the weapon or 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" a firearm  
          in California.  Items that fall under this new definition of  
          firearms would be treated like other firearms in California.   
          Specifically, to purchase one, a person would have to go through  
          a dealer, have a background check and would be subject to a  
          10-day wait.   Additionally, a prohibited person would not be  
          allowed to possess them.  
          
          4.  Constitutionality:  Vagueness Concern

          This legislation 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 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."  While this  
          legislation is less vague than the previous version that defined  
          a firearm as a "weapon, or the unfinished frame or receiver of a  







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          weapon that can be readily converted to the functional condition  
          of a finished frame or receiver," this legislation is still  
          arguably vague. 

               The Fourteenth Amendment to the United States Constitution  
               and article I, section 7 of the California Constitution,  
               each guarantee that no person shall be deprived of life,  
                                                         liberty, or property without due process of law. This  
               constitutional command requires "a reasonable degree of  
               certainty in legislation, especially in the criminal law  
               ?."  "[A] penal statute [must] define the criminal offense  
               with sufficient definiteness that ordinary people can  
               understand what conduct is prohibited and in a manner that  
               does not encourage arbitrary and discriminatory  
               enforcement." 


               It is established that in order for a criminal statute to  
               satisfy the dictates of due process, two requirements must  
               be met. First, the provision must be definite enough to  
               provide a standard of conduct for those whose activities  
               are proscribed. Because we assume that individuals are free  
               to choose between lawful and unlawful conduct, "we insist  
               that laws give the person of ordinary intelligence a  
               reasonable opportunity to know what is prohibited, so that  
               he [or she] may act accordingly. Vague laws trap the  
               innocent by not providing fair warning." 


               Second, the statute must provide definite guidelines for  
               the police in order to prevent arbitrary and discriminatory  
               enforcement."  (People v. Heitzman, 9 Cal. 4th 189, 199-200  
               (Cal. 1994) [citations omitted].)


          Members may wish to consider whether an ordinary person would be  
          able to identify a firearm as defined by this legislation, so as  
          to know whether he or she is breaking the law.  Specifically,  
          would a person of ordinary intelligence would be able to  
          recognize a "frame or receiver of the weapon or 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."  








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          5.  Argument in Support

          According to the California Chapters of the Brady Campaign:

               A priority policy objective for the California Brady  
               Campaign is to ensure that every firearm owner has  
               passed a background check and that all firearm  
               transfers include a thorough background check, 10-day  
               waiting period, and a record of the transaction that  
               includes the serial number of the firearm.  There have  
               been numerous studies indicating that these  
               requirements are good strategies for reducing gun  
               violence and clearly, they further our core goal of  
               keeping weapons out of dangerous hands.  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.

               The lower receiver is that part of a long gun that  
               contains the trigger, firing pin, and ammunition  
               feeding mechanisms.  Lower receivers are treated the  
               same as a long gun and are currently legally  
               available, provided that the purchaser passes a  
               background check, the lower receiver has a serial  
               number, and a record of the purchase is created.   
               Similarly, a frame for a pistol is treated as a  
               handgun and has a serial number.  However, partially  
               complete or "80 percent" lower receivers and frames  
               are not considered to be firearms, but with a few  
               simple modifications, they can become fully  
               functional.  A person with a drill press can easily  
               drill the necessary holes to complete the receiver or  
               frame and advances in 3D printing technology are  
               increasing the availability of unfinished lower  
               receivers and frames.  Firearms assembled from these  
               partially complete lower receivers and frames are  
               untraceable for law enforcement.  








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               AB 1673 will deal with this problem by expanding the  
               definition of "firearm" 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.  The Brady Campaign supports this  
               change and believes that weapons assembled from  
               unfinished lower receivers and frames should be  
               subject to the full extent of the law.  Determining at  
               what point a piece of metal or other material should  
               be considered a firearm is difficult to establish, but  
               the expanded definition is a good approach.  

               The shooter in the 2013 Santa Monica shooting, in  
               which six people were killed, was prohibited from  
               purchasing firearms.  Instead, he machined himself an  
               AR-15-type semiautomatic rifle from an aluminum  
               partial lower receiver.  This is an example of why it  
               is essential that guns assembled from partial lower  
               receivers and frames be regulated.  AB 1673 will help  
               keep weapons out of the hands of those considered at  
               risk of violence, such as criminals, children, and  
               persons with severe mental illness.

          6.  Argument in Opposition 
          
          According to the Firearms Policy Coalition:

               We specialize in firearms policy and have no idea what  
               the new definition means 

               Put simply, AB 1673 would change the definition of a  
               firearm to include things that are not firearms. 

               In the interest of clarity, and because the best  
               comedy requires no punch line, we offer here the  
               entire substance of AB 1673 (amending § 16520(b) of  
               the Penal Code): 
          
               "weapon, or 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  







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               combustion."

               Clearly identifiable to whom? 
               
               This baffling new definition will result in untold  
               thousands of arrests and incarcerations as "firearm"  
               becomes defined by a strange mish-mash of words,  
               disconnected from any known understanding or reality of  
               what has been understood as working definitions of  
               "firearm" for centuries. Maybe roadside analysis between  
               peace officers and motorists would be able to hash out the  
               "I'll know it when I see it" approach to writing criminal  
               law. 

               Have a piece of metal or plastic-GO TO JAIL 
               It is difficult to imagine the enforcement of hundreds of  
               firearms laws and criminal enhancements that will be  
               impacted by AB1673. A sample of the hundreds of new crimes  
               this bill creates includes; 
                Possession of a "blank" in a "gun free zone" 
                Unloaded open carry of a "casting"
                Unlawful concealed carry of a "machined body" 
                Unlawful transfer of a "?receiver blank, casting, or  
               machined body, that is designed and clearly identifiable as  
               a component of a functional weapon?" 
                Brandishing a "receiver blank" 
                Failure to wait 10 days to "cool off" after acquiring a  
          "machined body" 

               Persons could end up in the Un-Armed Prohibited Person  
          System? 

               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. 

               Implementation Nightmare 

               The DOJ will have to update every regulation, every form,  
               every database and every storefront interface to accept the  
               new definition of firearms-- which is challenging given  
               that the new definition targets things that are clearly not  
               firearms at all. 







          AB 1673  (Gipson )                                         Page  
          15 of ?
          
          

               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 "clearly identifiable" pieces  
               of plastic, wood, aluminum, iron, or steel would then need  
               to be entered into the 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. 

               The law is sacred and it affects real people in real  
               communities. The Legislature is entrusted with passing laws  
               that the governed can comply with and the executive can  
               enforce. With that in mind, AB 1673 is simply not ready for  
               serious consideration. 
          
          


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