(a) For the purposes of this section, the following definitions apply:
3D Printing: The process of manufacturing a physical object from a three dimensional digital model by adding successive layers of material.
Federal Firearms Importer: A licensed firearm importer as defined in 18 U.S.C. section 921(a)(9), as may be amended.
Federal Firearms Manufacturer: A licensed firearm importer as defined in 18 U.S.C. section 921(a)(10), as may be amended.
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.
Fire Control Component: A component necessary to initiate, control, or complete the firing sequence of a Firearm, including but not limited to a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rail.
Frame: The primary structural component of a Firearm to which the Fire Control Components are attached.
Handgun: As defined in California Penal Code section 16640, as may be amended.
Non-Serialized: Term describing an item that is not either imprinted with a serial number issued to it by 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 for that item.
Person: As defined in San Diego County Regulatory Code section 12.115.
Receiver: The primary structural component of a Firearm to which the Fire Control Components are attached.
Rifle: As defined in California Penal Code section 17090, as may be amended.
Shotgun: As defined in California Penal Code section 17190, as may be amended.
Unfinished Frame: Any piece of 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 be made into a functional Frame of a Firearm through milling, drilling, or other means.
Unfinished Receiver: Any piece of 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 be made into a functional Receiver of a firearm through milling, drilling, or other means.
(b) For the purposes of this section, any reference to Firearms, Frames, Receivers, Unfinished Frames or Unfinished Receivers includes those that are manufactured by 3D printing.
(c) It shall be unlawful for any person to possess, purchase, transport or receive a Non- Serialized Unfinished Frame or Non-Serialized Unfinished Receiver. This prohibition shall not apply to any of the following:
(1) A Federal Firearms Importer or Federal Firearms Manufacturer.
(2) 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) It shall be unlawful for any person to sell, offer to sell, transfer, offer to transfer a Non- Serialized Unfinished Frame or Non-Serialized Unfinished Receiver. This prohibition shall not apply to any of the following:
(1) The transfer, surrender, or sale of a Non-Serialized Unfinished Frame or Non-Serialized Unfinished Receiver to a law enforcement agency.
(e) It is unlawful for any person to possess, purchase, transport, or receive a Non-Serialized Firearm. This prohibition shall not apply to any of the following:
(1) 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.
(2) A Non-Serialized Firearm 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.
(3) Possession, purchase, transport, or receipt of a Non-Serialized Firearm in compliance with California Penal Code section 29180, as may be amended.
(f) It shall be unlawful for any person to sell, offer to sell, transfer, or offer to transfer a Non- Serialized Firearm. This prohibition shall not apply to any of the following:
(1) The transfer, surrender, or sale of a Non-Serialized Firearm to a law enforcement agency.
(g) The prohibitions in subdivisions (e) and (f) shall not apply to a Non-Serialized Firearm if any of the following conditions apply:
(1) The Non-Serialized Firearm has been rendered permanently inoperable;
(2) The Non-Serialized Firearm is an antique firearm as defined in Penal Code section 16170;
(3) The Non-Serialized Firearm was manufactured or assembled prior to 1968;
(4) The Non-Serialized Firearm has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53, including section 5845, as may be amended; or a curio or relic pursuant to 18 U.S.C. Chapter 44, including section 921(a), as may be amended, and 27 C.F.R. section 478.11, as may be amended.
(h) The prohibitions in subdivisions (c), (d), (e) and (f) shall not apply to 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.
(i) The restrictions on possession of Non- Serialized Unfinished Frames and Receivers and possession of Non-Serialized Firearms in subdivisions (c) and (e) of this section shall take effect 90 days after the operative date of this ordinance.
(j) Upon the operative date of this ordinance, the County shall promptly take efforts to inform residents of its provisions.
(k) Nothing in this section shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal or State law. The prohibitions of this section shall only apply to the extent not already prohibited by federal or State law.
(l) If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this section.
(Added by Ord. No. 10765 (N.S.), effective 2-24-22)