(Added by Ord. No. 187,310, Eff. 1/17/22.)
(a) Definitions. As used in this section, the following terms shall have the following definitions, as indicated.
(1) “Federal Firearms Importer” means a licensed firearm importer as defined in 18 U.S.C. § 921(a)(9), as may be amended.
(2) “Federal Firearms Manufacturer” means a licensed firearm manufacturer as defined in 18 U.S.C. § 921(a)(10), as may be amended.
(3) “Firearm” means a firearm as defined in California Penal Code Section 16520(a), as may be amended. As used in this section, “Firearm” shall include a handgun, rifle, or shotgun.
(4) “Frame” means the primary structural component of a Firearm to which the fire control components are attached.
(5) “Non-Serialized Firearm” means a Firearm that is not imprinted with a serial number issued by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law, or engraved or permanently affixed with a serial number provided by the California Department of Justice.
(6) “Receiver” means the primary structural component of a Firearm to which the fire control components are attached.
(7) “Firearm Precursor Parts Vendor” means a person or entity holding a valid precursor parts vendor license, firearms dealer license, or ammunition vendor license, as defined in California Penal Code Section 16532, as may be amended.
(8) “Unfinished Frame” means a piece of any material that does not constitute the completed Frame of a Firearm, but that has been shaped or formed in any way for the purpose of becoming the Frame of a Firearm, and which may readily be made into a functional Frame of a Firearm through milling, drilling, or other means.
(9) “Unfinished Receiver” means a piece of any material that does not constitute the completed Receiver of a Firearm, but that has been shaped or formed in any way for the purpose of becoming the Receiver of a Firearm, and which may readily be made into a functional Receiver of a Firearm through milling, drilling, or other means.
(b) Prohibition. It shall be unlawful for any person to:
(1) Possess, receive, or transport an Unfinished Frame or Unfinished Receiver, unless the Unfinished Frame or Unfinished Receiver is required by federal law to be, and has been, imprinted with a serial number issued by a Federal Firearms Importer or Federal Firearms Manufacturer, or has been engraved or permanently affixed with a serial number provided by the California Department of Justice. The foregoing prohibition shall not apply to or affect any of the following:
A. A Federal Firearms Importer or Federal Firearms Manufacturer;
B. A Firearm Precursor Parts Vendor;
C. An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the employee or sworn peace officer is acting within the scope of official duties;
D. A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Section 28450, et seq.;
E. A common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or
F. The possession or receipt of an Unfinished Frame or Unfinished Receiver by the person who obtained it through a transaction processed by a Firearm Precursor Parts Vendor pursuant to and in compliance with Penal Code Section 30400, et seq.
(2) Sell, offer to sell, transfer, offer to transfer, or purchase an Unfinished Frame or Unfinished Receiver, unless the Unfinished Frame or Unfinished Receiver is required by federal law to be, and has been, imprinted with a serial number issued by a Federal Firearms Importer or Federal Firearms Manufacturer, or has been engraved or permanently affixed with a serial number provided by the California Department of Justice. The foregoing prohibition shall not apply to or affect any of the following:
A. A Federal Firearms Importer or Federal Firearms Manufacturer;
B. A Firearm Precursor Parts Vendor;
C. An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the employee or sworn peace officer is acting within the scope of official duties;
D. A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Section 28450, et seq:,
E. The transfer or surrender of a non-serialized unfinished frame or unfinished receiver to a law enforcement agency; or
F. The sale, transfer, or purchase of an Unfinished Frame or Unfinished Receiver processed by a Firearm Precursor Parts Vendor pursuant to and in compliance with Penal Code Section 30400, et seq.
(3) Possess, receive, or transport a Non-Serialized Firearm. The foregoing prohibition shall not apply to or affect any of the following:
A. A Federal Firearms Importer or Federal Firearms Manufacturer;
B. An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the employee or sworn peace officer is acting within the scope of official duties;
C. A common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property;
D. A person who is in compliance with California Penal Code Section 29180, as may be amended; or
E. A Non-Serialized Firearm that:
i. has been rendered permanently inoperable;
ii. is an antique firearm as defined in California Penal Code Section 16170, as may be amended;
iii. was manufactured or assembled prior to 1968;
iv. has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including § 5845, as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including § 921(a), as may be amended, and 27 C.F.R. § 478.11, as may be amended; or
v. has been entered into the centralized registry set forth in California Penal Code Section 11106, as may be amended, prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification.
(4) Sell, offer to sell, transfer, offer to transfer, or purchase a Non-Serialized Firearm. The foregoing prohibition shall not apply to or affect any of the following:
A. A Federal Firearms Importer or Federal Firearms Manufacturer;
B. The transfer, surrender, or sale of a Non-Serialized Firearm to a law enforcement agency; or
C. A Non-Serialized Firearm that:
i. has been rendered permanently inoperable;
ii. is an antique firearm as defined in California Penal Code Section 16170, as may be amended;
iii. was manufactured or assembled prior to 1968; or
iv. has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including § 5845, as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including § 921(a), as may be amended, and 27 C.F.R. § 478.11, as may be amended.
(c) Penalty. A violation of this section shall constitute a misdemeanor and upon conviction may be punished by a fine not to exceed $1,000, or by imprisonment in the county jail not to exceed six months, or by both.
(d) Operative Date. Except for Subsections (b)(1) and (b)(3) of this section, this ordinance shall become effective 30 days after enactment. Subsections (b)(1) and (b)(3) of this section shall take effect 90 days after enactment.
(e) Preemption. Nothing in this section shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(f) Notice. Upon enactment of this ordinance, the City shall promptly take reasonable efforts to inform residents of its provisions. The information shall include notice that residents who possess any Unfinished Frame, Unfinished Receiver, or Non-Serialized Firearm will not be penalized under Subsections (b)(1) or (b)(3) of this section if they surrender the non-complying Unfinished Frame, Unfinished Receiver, or Non-Serialized Firearm to a law enforcement agent or agency.
(g) Severability. If any provision of this section, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this section which can be implemented without the invalid provisions and, to this end, the provisions of this section are declared to be severable. The City Council hereby declares that it would have adopted this section and each provision thereof irrespective of whether any one or more provisions are subsequently found invalid, unconstitutional or otherwise unenforceable.