Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For purposes of this
chapter, the following definitions apply:
(1)
"Federally regulated firearm precursor part" means 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.) As of August 24, 2022, the "regulations issued pursuant thereto" are
sections 478.11 and 478.12 of Title 27 of the Code of Federal Regulations (August
2022), hereby incorporated by reference.
(2) "Firearm precursor part" means any forging,
casting, printing, extrusion, machined body or similar article:
(A) 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
(B)
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.
"Firearm precursor part" does not include firearm parts that can
only be used on antique firearms, as defined in Penal Code section
16170, subdivision
(c).
(3) "Frame" means
the part of a handgun, or variants thereof, that provides housing or a structure for
the primary energized component designed to hold back the hammer, striker, bolt, or
similar component prior to initiation of the firing sequence (i.e., sear or
equivalent), even if pins or other attachments are required to connect such
component to the housing or structure.
For a split or multiple part frame design, "frame" instead means
the part of a handgun, or variants thereof, that has been designated as the frame by
the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives in subdivision
(f)(1) of section 478.12 of Title 27 of the Code of Federal Regulations (August
2022), hereby incorporated by reference. One example includes the Ruger Mark IV
pistol, in which the frame is the upper part of the weapon that provides housing for
the bolt or breechblock.
(4)
"Machining" means the process of cutting, drilling, shaping, indexing, milling, or
removing material from a forging, casting, printing, extrusion, or similar article
using a tool or equipment.
(5) "Readily"
means a process, action, or physical state that is fairly or reasonably efficient,
quick, and easy, but not necessarily the most efficient, speediest, or easiest
process, action, or physical state. With respect to the classification of firearm
precursor parts, factors relevant in making this determination include the
following:
(A) Time, i.e., how long it takes to
finish the process;
(B) Ease, i.e., how
difficult it is to do so;
(C) Expertise,
i.e., what knowledge and skills are required;
(D) Equipment, i.e., what tools are
required;
(E) Parts availability, i.e.,
whether additional parts are required, and how easily they can be
obtained;
(F) Expense, i.e., how much it
costs;
(G) Scope, i.e., the extent to
which the subject of the process must be changed to finish it; and
(H) Feasibility, i.e., whether the process would
damage or destroy the subject of the process, or cause it to malfunction.
In determining whether a forging, casting, printing, extrusion,
machined body, or similar article 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, the Department may consider any available instructions,
guides, templates, jigs, equipment, tools, or marketing
materials.
(6)
"Receiver" means the part of a rifle, shotgun, or projectile weapon other than a
handgun, or variants thereof, that provides housing or a structure for the primary
component designed to block or seal the breech prior to initiation of the firing
sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments
are required to connect such component to the housing or structure.
For a split or multiple part receiver design, "receiver" instead
means the part of a rifle, shotgun, or projectile weapon other than a handgun, or
variants thereof, that has been designated as the receiver by the federal Bureau of
Alcohol, Tobacco, Firearms, and Explosives in subdivision (f)(1) of section 478.12
of Title 27 of the Code of Federal Regulations (August 2022), hereby incorporated by
reference. Some examples include the following:
(1) for AR-15/M16 variant firearms, the receiver
is the lower part of the weapon that provides housing for the trigger mechanism and
hammer (i.e. lower receiver);
(2) for a
Benelli 121 M1 Shotgun, the receiver is the lower part of the weapon that provides
housing for the trigger mechanism; and
(3) for Vickers/Maxim, Browning 1919, M2, and
box-type machineguns and semiautomatic variants, the receiver is the side plate of
the weapon that is designed to hold the charging handle.
(7) "Variant" and "variants thereof" mean a weapon
utilizing a similar frame or receiver design irrespective of new or different model
designations or configurations, characteristics, features, components, accessories,
or attachments. For example, an AK-type firearm with a short stock and a pistol grip
is a pistol variant of an AK-type rifle, an AR-type firearm with a short stock and a
pistol grip is a pistol variant of an AR-type rifle, and a revolving cylinder
shotgun is a shotgun variant of a revolver.
(b) Related definitions, written guidance, and
pictorial diagrams, which will collectively assist individuals in the identification
of firearm precursor parts, are found in the Firearm Precursor Part Identification
Guidebook, BOF.PUB-0022 (Rev. 08/2022), hereby incorporated by reference.
1. New section
filed 9-21-2022; operative 9-21-2022. Submitted to OAL for filing and printing only
pursuant to Assembly Bill 1621, sections 39 and 41 (Stats. 2022, c. 76) (Register
2022, No. 38).
Note: Authority cited: Section
16531, Penal Code.
Reference: Sections
16519,
16520,
16531,
30400,
30401,
30420 and
30425, Penal Code;
and Section
6215, Family
Code.
