07-01-2022: Firearm Precursor Parts (80%)

[Quiet]

CA passed new laws that went into effect on 07-01-2022.

Starting 07-01-2022, "firearm precursor parts" aka "80%" [PC 16531(a)] are considered firearms under CA laws. [PC 16520(b)]

Starting 07-01-2022, it is illegal to sell a "firearm precursor part" in CA, unless it has been serial numbered by a 07-FFL and it is transferred (DROS/10 day wait) through a CA FFL dealer. [PC 27530(a)]

Therefore...

All "firearm precursor parts" ads must now be in their perspective WTS firearm subforum.

In addition, only "firearm precursor parts" that have been serialized by a 07-FFL can legally be posted.

All "firearm precursor parts" ads in this subforum will be deleted when discovered.



Penal Code 16520
(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

Penal Code 16531
(a) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body or similar article 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 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.
(b) The Department of Justice, consistent with this section, shall provide written guidance and pictorial diagrams demonstrating examples of firearm precursor parts.
(c) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170, are not firearm precursor parts.

Penal Code 27530
(a) No person shall sell or otherwise transfer ownership of a firearm that is not imprinted with a serial number imprinted by a federal licensee authorized to serialize firearms.
(b) This section does not apply to any of the following:
(1) A firearm made or assembled prior to December 16, 1968, that is not a handgun.
(2) A firearm that is a curio or relic, or an antique firearm, as those terms are defined in Section 479.11 of Title 27 of the Code of Federal Regulations.
(3) A firearm that has been entered, before July 1, 2018, into the centralized registry set forth in Section 11106, as being owned by a specific individual or entity, if that firearm has assigned to it a distinguishing number or mark f identification because the department accepted entry of that firearm into the centralized registry.
(4) The transfer, surrender, or sale of a firearm to a law enforcement agency.
(5) The sale or transfer of ownership of a firearm to a federally licensed firearms manufacturer or importer, or any other federal licensee authorized to serialize firearms.

Penal Code 29185
(a) No person, firm, or corporation, other than a federally licensed firearms manufacturer or importer, shall use a computer numerical control (CNC) milling machine to manufacture a firearm, including a completed frame or receiver or a firearm precursor part.
(b) It is unlawful to sell, offer to sell, or transfer a CNC milling machine that has the sole or primary function of manufacturing firearms to any person in this state, other than a federally licensed firearms manufacturer or importer.
(c) It is unlawful for any person in this state other than a federally licensed firearms manufacturer or importer to possess, purchase, or receive a CNC milling machine that has the sole or primary function of manufacturing firearms.
(d) Subdivisions (b) and (c) do not apply to any of the following:
(1) A person who is engaged in the business of selling manufacturing equipment to a federally licensed firearms manufacturer or importer who possesses a CNC milling machine with the intent to sell or transfer the CNC milling machine to a federally licensed firearms manufacturer or importer.
(2) 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.
(3) A person who, before the effective date of the act that added this section, possessed a CNC milling machine that has the sole or primary function of manufacturing firearms and who, within 90 days after that date, does one of the following:
(A) Sells or transfers the machine to a federally licensed firearms manufacturer or importer.
(B) Sells or transfers the machine to a person described in paragraph (1).
(C) Removes the machine from this state.
(D) Relinquished the machine to a law enforcement agency.
(E) Otherwise lawfully terminates possession of the machine.
(e) This section does not apply to any 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
(a) Except as provided in subdivision (b) and in Section 30420, or except by operation of law, 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.
(b) This section does not apply to either of the following:
(1) The purchase of a firearm precursor part that is not a federally regulated firearm precursor part by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms.
(2) The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federally regulated firearm precursor part to a federally licensed firearms manufacturer or importer, or to a federal licensee authorized to serialize firearms.

[Am3n]

Appreciate this post as I wasn't fully aware of this.

[9mmContagion]

Very informative post! Was not aware of this as well!

[whobob]

how many even know about this?

[vtecfed]

Originally Posted by whobob

how many even know about this?

Reno May and Armed Scholar on YouTube will keep you informed of all the CA gun BS. Guns and Gadgets and Johnny B will keep u informed nationally. I moved in December to Mississippi, but I stay up on CA laws. They are coming to a state near you.
Roger

[painkiller]

BTW dont let an ffl tell you that uppers,barrels triggers etc fall into that category

[mr goodguy]

Good morning,I’m getting confused about the serialized part. Can we still sell or trade ar parts? Like bcg,lower part kit and the likes. Thanks in advance.

[PayDay556]

Originally Posted by mr goodguy

Good morning,I’m getting confused about the serialized part. Can we still sell or trade ar parts? Like bcg,lower part kit and the likes. Thanks in advance.

Simple answer. Yes

[Urvile]

Question:

Wondering about the sale of 80% lowers to OUT OF STATE recipients, as long as the 80% lower in legal in state of the receiver?

[Tyke8319]

This might answer some of your questions:


https://michellawyers.com/wp-content...-Receivers.pdf

[Urvile]

Originally Posted by Tyke8319

This might answer some of your questions:


https://michellawyers.com/wp-content...-Receivers.pdf

It unfortunately did not address my question, but...if I am reading the statutes correctly, Penal Code 27895 addresses this issue:

27895. Section 27545 does not apply to the sale, delivery, or transfer of firearms if all of the following requirements are satisfied:
(a) The sale, delivery, or transfer is made by a person who resides in this state.
(b) The sale, delivery, or transfer is made to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(c) The sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

PC 27545 is, of course, the statute that makes it a requirement for all firearms transaction to go through an FFL. PC 16531 is the statute that defines a precursor part, and PC 16520 is the section that includes "precursor parts" in the definition of "firearm".

Now.... There is nothing in the federal code currently that would require someone to have special licensure to receive or sell an 80% receiver (manufacturing requires licensure though I believe), and of course under our current situation, don't include a jig.

Phew.

So, at least what I *think* the laws in California currently say, is that you can sell an 80% receiver out of state, without going through an FFL, and assuming it is legal in the jurisdiction one would be selling it to.

Unless I missed something, which is entirely possible.

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