| 1 | | - | Assembly Bill No. 2156 CHAPTER 142 An act to amend Section 29010 of the Penal Code, relating to firearms. [ Approved by Governor July 21, 2022. Filed with Secretary of State July 21, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2156, Wicks. Firearms: manufacturers.Existing federal law requires a manufacturer of firearms to be licensed by the federal government. Existing state law requires any federally licensed firearms manufacturer that produces 50 or more firearms in the state in a calendar year to also be licensed as a manufacturer by the state. A violation of this requirement is punishable as a misdemeanor.This bill would expand this prohibition to prohibit any person, regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. The bill would also decrease the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year.The bill would also prohibit any person, unless licensed as a firearm manufacturer, from manufacturing any firearm or precursor part by means of a 3D printer, as defined.By expanding the application of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 29010 of the Penal Code is amended to read:29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Enrolled July 01, 2022 Passed IN Senate June 29, 2022 Passed IN Assembly May 25, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2156Introduced by Assembly Member WicksFebruary 15, 2022 An act to amend Section 29010 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGESTAB 2156, Wicks. Firearms: manufacturers.Existing federal law requires a manufacturer of firearms to be licensed by the federal government. Existing state law requires any federally licensed firearms manufacturer that produces 50 or more firearms in the state in a calendar year to also be licensed as a manufacturer by the state. A violation of this requirement is punishable as a misdemeanor.This bill would expand this prohibition to prohibit any person, regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. The bill would also decrease the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year.The bill would also prohibit any person, unless licensed as a firearm manufacturer, from manufacturing any firearm or precursor part by means of a 3D printer, as defined.By expanding the application of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 29010 of the Penal Code is amended to read:29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 2156, Wicks. Firearms: manufacturers. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing federal law requires a manufacturer of firearms to be licensed by the federal government. Existing state law requires any federally licensed firearms manufacturer that produces 50 or more firearms in the state in a calendar year to also be licensed as a manufacturer by the state. A violation of this requirement is punishable as a misdemeanor.This bill would expand this prohibition to prohibit any person, regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. The bill would also decrease the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year.The bill would also prohibit any person, unless licensed as a firearm manufacturer, from manufacturing any firearm or precursor part by means of a 3D printer, as defined.By expanding the application of an existing crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing federal law requires a manufacturer of firearms to be licensed by the federal government. Existing state law requires any federally licensed firearms manufacturer that produces 50 or more firearms in the state in a calendar year to also be licensed as a manufacturer by the state. A violation of this requirement is punishable as a misdemeanor. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would expand this prohibition to prohibit any person, regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. The bill would also decrease the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year. |
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| 26 | 36 | | |
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| 27 | 37 | | The bill would also prohibit any person, unless licensed as a firearm manufacturer, from manufacturing any firearm or precursor part by means of a 3D printer, as defined. |
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| 28 | 38 | | |
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| 29 | 39 | | By expanding the application of an existing crime, this bill would impose a state-mandated local program. |
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| 30 | 40 | | |
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| 31 | 41 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 32 | 42 | | |
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| 33 | 43 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 34 | 44 | | |
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| 35 | 45 | | ## Digest Key |
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| 36 | 46 | | |
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| 37 | 47 | | ## Bill Text |
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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 29010 of the Penal Code is amended to read:29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 40 | 50 | | |
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| 41 | 51 | | The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | ## The people of the State of California do enact as follows: |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Section 29010 of the Penal Code is amended to read:29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor. |
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| 46 | 56 | | |
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| 47 | 57 | | SECTION 1. Section 29010 of the Penal Code is amended to read: |
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| 48 | 58 | | |
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| 49 | 59 | | ### SECTION 1. |
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| 50 | 60 | | |
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| 51 | 61 | | 29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor. |
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| 52 | 62 | | |
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| 53 | 63 | | 29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor. |
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| 54 | 64 | | |
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| 55 | 65 | | 29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030).(b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.(c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business.(d) A violation of this section is a misdemeanor. |
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| 56 | 66 | | |
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| 57 | 67 | | |
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| 58 | 68 | | |
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| 59 | 69 | | 29010. (a) A person, firm, or corporation shall not manufacture more than three firearms within this state in a calendar year unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). |
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| 60 | 70 | | |
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| 61 | 71 | | (b) A person, firm, or corporation shall not use a three-dimensional printer to manufacture any firearm, including a frame or receiver, or any firearm precursor part, unless that person, firm, or corporation is licensed pursuant to Chapter 2 (commencing with Section 29030). As used in this section, three-dimensional printer means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object. |
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| 62 | 72 | | |
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| 63 | 73 | | (c) If a person, firm, or corporation required to be licensed pursuant to Chapter 2 (commencing with Section 29030) ceases operations, then the records required pursuant to Section 29130 and subdivision (b) of Section 29115 shall be forwarded to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives within three days of the closure of business. |
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| 64 | 74 | | |
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| 65 | 75 | | (d) A violation of this section is a misdemeanor. |
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| 66 | 76 | | |
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| 67 | 77 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 68 | 78 | | |
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| 69 | 79 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 70 | 80 | | |
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| 71 | 81 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 72 | 82 | | |
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| 73 | 83 | | ### SEC. 2. |
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