BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                    AB 1673


                                                                    Page  1





          (Without Reference to File)





          ASSEMBLY THIRD READING


          AB  
          1673 (Gipson)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                    AB 1673


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          SUMMARY:  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.
          EXISTING LAW:


          1)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  
            (AG).   
           2)Specifies that 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.  


          3)Prohibits a person, firm, or corporation licensed to  
            manufacture firearms pursuant to Chapter 44 (commencing with  
            Section 921) of Title 18 of the United States Code from  
            manufacturing firearms in California, unless the person, firm  
            or corporation is also licensed under California law (Penal  
            Code Section 29010).  This prohibition does not apply to a  
            person licensed under federal law, who manufactures less than  
            100 firearms a calendar year.  


          4)Makes it illegal to change, alter, remove, or obliterate the  
            name of the maker, model, manufacturer's number, or other mark  
            of identification on any pistol, revolver, or any other  








                                                                    AB 1673


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            firearm, without first having secured written permission from  
            the Department of Justice (DOJ) to make that change,  
            alteration, or removal.  


          5)Allows the DOJ, upon request, to assign a distinguishing  
            number or mark of identification to any firearm whenever the  
            firearm lacks a manufacturer's number or other mark of  
            identification, or 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.   



          6)Makes it a misdemeanor, with limited enumerated exceptions,  
            for any person to buy, receive, dispose of, sell, offer to  
            sell or have 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 changed,  
            altered, removed, or obliterated.  


          7)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 Sale  
            (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.  


          8)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 will be extended to all firearms.  


          9)Requires that firearms dealers obtain certain identifying  








                                                                    AB 1673


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            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.  


          10)Requires firearms to be centrally registered at the time of  
            transfer or sale by way of transfer forms centrally compiled  
            by the DOJ.  The DOJ is required to keep a registry from data  
            sent to the DOJ indicating who owns what firearm by make,  
            model, and serial number and the date thereof.  


          11)Requires that, upon receipt of the purchaser's information,  
            the 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 Welfare and Institutions Code  
            Section 8104, 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  
            inpatient treatment for a mental health disorder, as  
            specified.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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:  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  








                                                                    AB 1673


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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."




          Analysis Prepared by:                                             
          Gabriel Caswell/ PUB. S. / (916) 319-3744  FN: 0003150