• Ken Kraushaar

Precursor Parts in CA


hi all. please take the time to read this information as it pertains to precursor parts. per DOJ issued bulletin as of today, precursor parts will not be sold or be legal for transfer in the state until the final rule goes into effect in august.









Rob Bonta, Attorney General

California Department of Justice

DIVISION OF LAW ENFORCEMENT

John Marsh,Chief


INFORMATION BULLETIN

Subject:Important Notice Re: AB 1621 TakingImmediate

Effect and Its Restriction on the Purchase, Sale, Offer to Sell, or Transfer of Firearm Precursor Parts

No. 2022-DLE-09


Date:

July 1, 2022


TO:All California Criminal Justiceand Law Enforcement Agencies, Centralized List of

Firearms Dealers, Manufacturers, Exempt Federal Firearms Licensees,and Gun Show

Promoters


Yesterday,June30, 2022,Governor Gavin Newsom signed Assembly Bill1621(Stats.2022, ch.76)(AB 1621). AB 1621is an urgency statute. Provisions in the bill take effect immediately except where thebill specifies another implementation date.


Among other things, AB 1621replaces the current Penal Code section 30400.The new Penal Codesection 30400,subdivision (a)takes effect immediately and states: “it shall be unlawful for a person to purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part.”In other words, no firearm precursor parts may be legally

purchased, sold, offered for sale, or transferred unless such firearm precursor parts meet the definition of a“federally regulated firearm precursor part.”


As described further below,the federal rule defining a “federally regulated firearm precursor part” does not take effect until August 24, 2022.


Accordingly,no firearm precursor part—including a federally regulated firearm precursor part—maybe purchased,sold, offered for sale, or transferred in California today through August 23, 2022,unless one of the exceptions described at the end of this bulletin applies. On and after August 24, 2022,only federally regulated firearm precursor parts may be purchased,sold, offered for sale, or transferred in California, unless one of the exceptions described at the end of this bulletin applies.


AB 1621revises the definition of a “firearm precursor part” to mean: “any forging, casting, printing,extrusion, machined body or similar article[1]that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or[2]that is marketed or sold to the public to become or be used as the frame or receiver of

a functional firearm once completed, assembled or converted.” (Pen.Code §16531, subd.(a).)


AB 1621 defines a “federally regulated firearm precursor part” to mean: “any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and, if required, has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations.” (Pen.Code §16519.) The reference to “regulations issued

pursuant thereto” in this definition includes the federal regulatory changes made by Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives Final Rule 2021R-05F, Definition of“Frame or Receiver” and Identification of Firearms (here in after referred to as the “ATF Final Rule”).The federal definition of a firearm includes “the frame or receiver of any such weapon.”(18 U.S.C. §921; 27 C.F.R.478.11.)


InformationBulletin2022-DLE-09

Important Notice Re:AB 1621 Taking Immediate Effect and Its Restriction on the Purchase, Sale, Offer to Sell, or Transfer of Firearm Precursor Parts


Among other things, the ATFFinal Rule defines “frame”and “receiver,”and in turn a“firearm,”toinclude a “partially complete, disassembled, or nonfunctional frame or receiver.”(Definition of “Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24652, 24735, 24739 (Apr. 26, 2022) (to be codified at 27 C.F.R.§§478.11, 478.12).)This phrase is defined to mean a “partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is

designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver.”(Id.)


Examples of items that fall within this definition are provided in the ATF

Final Rule.(Id.)For the full text of the ATF Final Rule, visit

https://www.federalregister.gov/documents/2022/04/26/2022-08026/definition-of-frame-or-receiver-and-identification-of-firearms.


However, the ATF Final Rule does not take effect until August 24, 2022.Until that date,there are no firearm precursor parts“deemed to be a firearm pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code and regulations issued pursuant thereto.” (Pen.Code§16519.) In other words, there are no firearm precursor parts that fall within AB 1621’s definition of a “federally regulated firearm precursor part” until the ATF Final Rule takes effect on August 24, 2022.


Therefore,from today through August 23, 2022,the purchase, sale, offer to sell, or transfer of any firearm precursor part(as defined in Pen.Code§16531, subd.(a))or federally regulated firearm precursor part(as defined in Pen.Code§16519)is prohibited in California unless one of the exceptions below applies. Also, from today through August 23, 2022,California residents may not

import, bring, or transport into California a firearm precursor part that the resident purchases fromoutside of this state unless an exception in Penal Code section 27585 applies. (Pen. Code §§16520,

subd. (b)(15), 27585, subd. (a).)


On and after August 24, 2022,the purchase, sale, offer to sell, or transfer of only firearm precursor parts(as defined in Pen.Code§16531, subd.(a)) will be prohibited in California unless one of the exceptions below applies. Also, on and after August 24, 2022,California residents can import, bring, or transport into California only federally regulated firearm precursor parts (as defined in Pen.Code §16519)that the resident purchases from outside of this state so long as the federally regulated firearm precursor part is delivered to a dealer as described in subdivision (a) of Penal Code section 27585.


The exceptions to the restriction at the new Penal Code section 30400, subdivision (a)prohibition onthe purchase, sale, offer to sell, or transfer of ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part are:


  1. “[B]y operation of law.” (Penal Code §30400, subdivision (a).)

  2. “The purchase of a firearm precursor part that is not a federally regulated firearm precursorpart by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms.” (Penal Code §30400, subdivision (b)(1).)

  3. “The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federallyregulated firearm precursor part to a federally licensed firearms manufacturer or importer, orto a federal licensee authorized to serialize firearms.” (Penal Code §30400, subdivision (b)(2).)

  4. “A member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.” (Penal Code§§30400, subdivision (a), and 30420, subdivision (a).)

  5. “A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.” (Penal Code §§30400, subdivision (a), and 30420, subdivision (b).)

  6. “An authorized representative of a city, county, city and county, or state or federal government that receives an unserialized firearm precursor part as part of an authorized, voluntary program in which the governmental entity is buying or receiving firearms or firearm precursor parts from private individuals.” (Penal Code §§30400, subdivision (a), and 30420, subdivision (c).)


.For the full text of AB 1621,visit:http://leginfo.legislature.ca.gov.



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