BILL NUMBER: AB 1673	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 30, 2016
	PASSED THE ASSEMBLY  JUNE 30, 2016
	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Gipson
   (Coauthors: Assembly Members Bonta, Chiu, Jones-Sawyer, Levine,
Santiago, and Ting)

                        JANUARY 19, 2016

   An act to amend Section 16520 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1673, Gipson. Firearms: unfinished frame or receiver.
   Existing law generally regulates the transfer and possession of
firearms. Existing law defines the term "firearm" for various
regulatory purposes, including, among others and subject to
exceptions, the requirement that firearms be transferred by or
through a licensed firearms dealer, the requirement of a 10-day
waiting period prior to delivery of a firearm by a dealer, the
requirement that firearm purchasers be subject to a background check,
and the prohibition on certain classes of persons, such as felons,
possessing firearms. Under existing law, the term "firearm" includes
the frame or receiver of the weapon. Existing law makes a violation
of certain of these prohibitions a crime.
   This bill would define a frame or receiver as that part of a
firearm which provides housing for the hammer, bolt, or breechblock,
and firing mechanism, and which is usually threaded at its forward
portion to receive the barrel, and would include within this
definition a frame or receiver blank, casting, or machined body that
requires further machining or molding to be used as part of a
functional weapon so long as it has been designed and is clearly
identifiable as being used exclusively as part of a functional
weapon.
   By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
   This bill would incorporate additional changes to Section 16520 of
the Penal Code proposed by SB 894, SB 1407, and AB 857 which would
become operative if this bill and those bills are enacted, as
specified, and this bill is enacted last.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16520 of the Penal Code is amended to read:
   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 sections, "firearm" includes the
frame or receiver of the weapon, as defined in subdivision (h):
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26600 to 27140, inclusive.
   (9) Sections 27400 to 28000, inclusive.
   (10) Section 28100.
   (11) Sections 28400 to 28415, inclusive.
   (12) Sections 29010 to 29150, inclusive.
   (13) Sections 29610 to 29750, inclusive.
   (14) Sections 29800 to 29905, inclusive.
   (15) Sections 30150 to 30165, inclusive.
   (16) Section 31615.
   (17) Sections 31705 to 31830, inclusive.
   (18) Sections 34355 to 34370, inclusive.
   (19) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
   (6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26700 to 26915, inclusive.
   (9) Section 27510.
   (10) Section 27530.
   (11) Section 27540.
   (12) Section 27545.
   (13) Sections 27555 to 27585, inclusive.
   (14) Sections 29010 to 29150, inclusive.
   (15) Section 25135.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   (h) As used in this section, "frame" and "receiver" means that
part of a firearm which provides housing for the hammer, bolt, or
breechblock, and firing mechanism, and which is usually threaded at
its forward portion to receive the barrel, and includes a frame or
receiver blank, casting, or machined body that requires further
machining or molding to be used as part of a functional weapon so
long as it has been designed and is clearly identifiable as being
used exclusively as part of a functional weapon.
  SEC. 1.1.  Section 16520 of the Penal Code is amended to read:
   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 sections, "firearm" includes the
frame or receiver of the weapon, as defined in subdivision (h):
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 25250 to 25275, inclusive.
   (8) Sections 26500 to 26588, inclusive.
   (9) Sections 26600 to 27140, inclusive.
   (10) Sections 27400 to 28000, inclusive.
   (11) Section 28100.
   (12) Sections 28400 to 28415, inclusive.
   (13) Sections 29010 to 29150, inclusive.
   (14) Sections 29610 to 29750, inclusive.
   (15) Sections 29800 to 29905, inclusive.
   (16) Sections 30150 to 30165, inclusive.
   (17) Section 31615.
   (18) Sections 31705 to 31830, inclusive.
   (19) Sections 34355 to 34370, inclusive.
   (20) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Division 4.5 (commencing with Section 25250) of Title 4.
   (6) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
   (7) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
   (8) Sections 26500 to 26588, inclusive.
   (9) Sections 26700 to 26915, inclusive.
   (10) Section 27510.
   (11) Section 27530.
   (12) Section 27540.
   (13) Section 27545.
   (14) Sections 27555 to 27585, inclusive.
   (15) Sections 29010 to 29150, inclusive.
   (16) Section 25135.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   (h) As used in this section, "frame" and "receiver" means that
part of a firearm which provides housing for the hammer, bolt, or
breechblock, and firing mechanism, and which is usually threaded at
its forward portion to receive the barrel, and includes a frame or
receiver blank, casting, or machined body that requires further
machining or molding to be used as part of a functional weapon so
long as it has been designed and is clearly identifiable as being
used exclusively as part of a functional weapon.
  SEC. 1.2.  Section 16520 of the Penal Code is amended to read:
   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 sections, "firearm" includes the
frame or receiver of the weapon, as defined in subdivision (h):
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26600 to 27140, inclusive.
   (9) Sections 27400 to 28000, inclusive.
   (10) Section 28100.
   (11) Sections 28400 to 28415, inclusive.
   (12) Sections 29010 to 29150, inclusive.
   (13) Section 29180.
   (14) Sections 29610 to 29750, inclusive.
   (15) Sections 29800 to 29905, inclusive.
   (16) Sections 30150 to 30165, inclusive.
   (17) Section 31615.
   (18) Sections 31705 to 31830, inclusive.
   (19) Sections 34355 to 34370, inclusive.
   (20) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
   (6) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
   (7) Sections 26500 to 26588, inclusive.
   (8) Sections 26700 to 26915, inclusive.
   (9) Section 27510.
   (10) Section 27530.
   (11) Section 27540.
   (12) Section 27545.
   (13) Sections 27555 to 27585, inclusive.
   (14) Sections 29010 to 29150, inclusive.
   (15) Section 25135.
   (16) Section 29180.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   (h) As used in this section, "frame" and "receiver" means that
part of a firearm which provides housing for the hammer, bolt, or
breechblock, and firing mechanism, and which is usually threaded at
its forward portion to receive the barrel, and includes a frame or
receiver blank, casting, or machined body that requires further
machining or molding to be used as part of a functional weapon so
long as it has been designed and is clearly identifiable as being
used exclusively as part of a functional weapon.
  SEC. 1.3.  Section 16520 of the Penal Code is amended to read:
   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 sections, "firearm" includes the
frame or receiver of the weapon, as defined in subdivision (h):
   (1) Section 16550.
   (2) Section 16730.
   (3) Section 16960.
   (4) Section 16990.
   (5) Section 17070.
   (6) Section 17310.
   (7) Sections 25250 to 25275, inclusive.
   (8) Sections 26500 to 26588, inclusive.
   (9) Sections 26600 to 27140, inclusive.
   (10) Sections 27400 to 28000, inclusive.
   (11) Section 28100.
   (12) Sections 28400 to 28415, inclusive.
   (13) Sections 29010 to 29150, inclusive.
   (14) Section 29180.
   (15) Sections 29610 to 29750, inclusive.
   (16) Sections 29800 to 29905, inclusive.
   (17) Sections 30150 to 30165, inclusive.
   (18) Section 31615.
   (19) Sections 31705 to 31830, inclusive.
   (20) Sections 34355 to 34370, inclusive.
   (21) Sections 8100, 8101, and 8103 of the Welfare and Institutions
Code.
   (c) As used in the following provisions, "firearm" also includes a
rocket, rocket propelled projectile launcher, or similar device
containing an explosive or incendiary material, whether or not the
device is designed for emergency or distress signaling purposes:
   (1) Section 16750.
   (2) Subdivision (b) of Section 16840.
   (3) Section 25400.
   (4) Sections 25850 to 26025, inclusive.
   (5) Subdivisions (a), (b), and (c) of Section 26030.
   (6) Sections 26035 to 26055, inclusive.
   (d) As used in the following provisions, "firearm" does not
include an unloaded antique firearm:
   (1) Subdivisions (a) and (c) of Section 16730.
   (2) Section 16550.
   (3) Section 16960.
   (4) Section 17310.
   (5) Division 4.5 (commencing with Section 25250) of Title 4.
   (6) Chapter 6 (commencing with Section 26350) of Division 5 of
Title 4.
   (7) Chapter 7 (commencing with Section 26400) of Division 5 of
Title 4.
   (8) Sections 26500 to 26588, inclusive.
   (9) Sections 26700 to 26915, inclusive.
   (10) Section 27510.
   (11) Section 27530.
   (12) Section 27540.
   (13) Section 27545.
   (14) Sections 27555 to 27585, inclusive.
   (15) Sections 29010 to 29150, inclusive.
   (16) Section 25135.
   (17) Section 29180.
   (e) As used in Sections 34005 and 34010, "firearm" does not
include a destructive device.
   (f) As used in Sections 17280 and 24680, "firearm" has the same
meaning as in Section 922 of Title 18 of the United States Code.
   (g) As used in Sections 29010 to 29150, inclusive, "firearm"
includes the unfinished frame or receiver of a weapon that can be
readily converted to the functional condition of a finished frame or
receiver.
   (h) As used in this section, "frame" and "receiver" means that
part of a firearm which provides housing for the hammer, bolt, or
breechblock, and firing mechanism, and which is usually threaded at
its forward portion to receive the barrel, and includes a frame or
receiver blank, casting, or machined body that requires further
machining or molding to be used as part of a functional weapon so
long as it has been designed and is clearly identifiable as being
used exclusively as part of a functional weapon.
  SEC. 2.  (a) Section 1.1 of this bill incorporates amendments to
Section 16520 of the Penal Code proposed by both this bill and Senate
Bill 894. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 16520 of the Penal Code, (3) Senate Bill 1407 and
Assembly Bill 857 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Senate Bill 894, in which
case Sections 1, 1.2, and 1.3 of this bill shall not become
operative.
   (b) Section 1.2 of this bill incorporates amendments to Section
16520 of the Penal Code proposed by this bill and both Senate Bill
1407 and Assembly Bill 857. It shall only become operative if (1) all
bills are enacted, or just this bill and either Senate Bill 1407 or
Senate Bill 857 are enacted and become effective on or before January
1, 2017, (2) each bill as enacted amends Section 16520 of the Penal
Code, (3) Senate Bill 894 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Senate Bill 1407
and Assembly Bill 857 in which case Sections 1, 1.1, and 1.3 of this
bill shall not become operative.
   (c) Section 1.3 of this bill incorporates amendments to Section
16520 of the Penal Code proposed by this bill, Senate Bill 894,
Senate Bill 1407, and Assembly Bill 857. It shall only become
operative if (1) all bills are enacted, or this bill, Senate Bill
894, and either Senate Bill 1407 or Assembly Bill 857 are enacted and
become effective on or before January 1, 2017, (2) each bill as
enacted amends Section 16520 of the Penal Code, and (3) this bill is
enacted after Senate Bill 894 and both Senate Bill 1407 and Assembly
Bill 857, in which case Sections 1, 1.1, and 1.2 of this bill shall
not become operative.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.