BILL ANALYSIS Ó
AB 1673
Page 1
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB
1673 (Gipson)
As Amended June 22, 2016
Majority vote
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|ASSEMBLY: | | (June 1, |SENATE: |23-14 | (June 30, 2016) |
| |44-33 |2016) | | | |
| | | | | | |
| | | | | | |
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Original Committee Reference: PUB. S.
SUMMARY: Defines 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.
The Senate amendments:
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1)Redefine 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.
2)Double join this bill with SB 894 (Jackson), SB 1407 (de León)
and AB 857 (Cooper), all of the current legislative session,
to avoid chaptering out issues.
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
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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
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
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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
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 Senate Appropriations
Committee:
1)Department of Justice (DOJ): Estimated one-time costs of
$250,000 in Fiscal Year (FY) 2016-17, $270,000 in FY 2017-18,
and $42,000 in FY 2018-19 (Special Fund*/General Fund) to
complete the necessary enhancements to various automation
systems. Costs include staff overtime and external
consultants for software development, testing, and
implementation to enable the registration of additional
firearms, as redefined.
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2)Firearms violations: Potential state and local incarceration
costs (General Fund/Local Funds) to the extent the expanded
definition of firearm results in the enforcement of felony and
misdemeanor violations related to the registration, purchase,
possession, and/or transfer of firearms, as redefined.
3)Armed Prohibited Persons System (APPS)
enforcement/administration: Potential increase in costs to
the DOJ for administration and enforcement of the Armed
Prohibited Persons List (Special Fund*) resulting from the
revised definition of a firearm.
4)Potential litigation: Unknown, potentially significant future
costs for litigation (General Fund) to the extent the revised
definition of "firearm" is challenged as unconstitutionally
vague.
*Dealers' Record of Sale (DROS) Account - Staff notes the DROS
Account is structurally imbalanced, with an estimated reserve
balance of less than $1 million by year-end FY 2016-17. Current
revenues to the DROS Account may be insufficient to cover the
costs of this bill in conjunction with the numerous other
legislative measures requiring funding from the DROS Account,
should they be enacted. As a result, an appropriation from an
alternate fund source, potentially the General Fund, may be
required to support the costs of this measure.
AS PASSED BY THE ASSEMBLY, this bill expanded 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.
COMMENTS: According to the author, "AB 1673 will expand the
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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
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:
0003565