AB 2382: Firearms: firearm precursor parts.
- Session Year: 2017-2018
- House: Assembly
(1)Existing law generally requires ammunition to be sold only to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current certificate of eligibility issued by the Department of Justice, or to a person who purchases or transfers the ammunition in a single ammunition transaction, as specified. Existing law imposes a per transaction fee not to exceed $1 on ammunition purchasers and transferees and requires that this money be deposited in the continuously appropriated Ammunition Safety and Enforcement Special Fund. Existing law requires a person or business to have a valid ammunition vendor license to sell more than 500 rounds of ammunition in any 30-day period. Existing law generally requires the sale or transfer of firearms to be conducted through a licensed firearms dealer.
This bill would, commencing July 1, 2023, require the sale of firearm precursor parts, as defined, to be conducted by or processed through a licensed firearm precursor part vendor. Commencing January 1, 2023, the bill would require a person or business to have a valid firearm precursor part vendor license to sell more than one firearm precursor part in any 30-day period. A violation of this provision would be a misdemeanor. The bill would require that a licensed firearm dealer or licensed ammunition vendor automatically be deemed a licensed firearm precursor part vendor. The bill would create an application process for firearm precursor part vendors, as specified. The bill would establish the Firearm Precursor Parts Special Account, into which vendor license fees would be deposited. The bill would continuously appropriate money in the fund to the department for purposes of implementing, administering, and enforcing the firearm precursor part authorization program, thereby making an appropriation. The bill would require the firearm precursor part vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified.
Commencing July 1, 2023, the bill would require the Department of Justice to electronically approve the purchase or transfer of firearm precursor parts through a vendor. The bill would generally limit the sale of firearm precursor parts to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess a firearm precursor part, to a person who has a current certificate of eligibility issued by the Department of Justice, or to a person who purchases or transfers the firearm precursor part in a single transaction, as specified.
The bill would create the Firearm Precursor Parts Enforcement Special Fund and would allow the department to charge firearm precursor part purchasers and transferees a per transaction fee not to exceed $1 to be deposited into the fund. The bill would continuously appropriate the fund to the department for the purposes of implementing, operating, and enforcing the firearm precursor part authorization program, thereby making an appropriation. The bill would, upon appropriation by the Legislature, require a loan of $6,000,000 from the General Fund to be made to the department for startup costs of implementing, operating, and enforcing the provisions of the firearm precursor parts authorization program.
(2)Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a misdemeanor.
This bill would also add to the list of misdemeanors, the conviction for which is subject to the prohibition on possessing a firearm within 10 years of the conviction, the possession of ammunition and firearm precursor parts by an individual who is prohibited from possessing ammunition or firearm precursor parts. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
The bill would make it a misdemeanor to sell or give possession of a firearm precursor part to a person under 21 years of age. The bill would make it a misdemeanor for a person who is prohibited from possessing a firearm to possess a firearm precursor part. The bill would make it a misdemeanor to provide a firearm precursor part to a person who is prohibited from possessing firearm precursor parts. The bill would make it a misdemeanor to carry a firearm precursor part onto the grounds of a school. The bill would make it a misdemeanor to transfer a firearm precursor part without processing the transaction through a firearm precursor parts vendor. The bill would make it a misdemeanor to bring a firearm precursor part into the state without first having the part delivered to a licensed firearm precursor part vendor. By creating new crimes, this bill would impose a state-mandated local program.
(3)The 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.
Discussed in Hearing
Senate Standing Committee on Appropriations
Senate Standing Committee on Public Safety
Assembly Floor
Assembly Standing Committee on Public Safety
Bill Author