California: Gun Control Legislation Continues to Move Through the Legislature

Last week, the California Legislature returned from spring recess and wasted no time in passing a number of anti-gun bills through their respective policy committees. This week, expect more of the same from the Legislature, as a number of committees will hear bills as outlined below:

Assembly Judiciary Committee at 8:30AM on April 26^th

Assembly Bill 2571, introduced by Assembly Member Rebecca Bauer-Kahan (D-16), bans advertising or marketing firearms or ammunition in a way that is “attractive to minors,” replacing the language in current law banning specifically “advertis[ing] to minors.” This vague term can potentially ban all firearm advertisements or activities involving firearms, such as hunting and hunter education. Though minors may not purchase firearms or ammunition from dealers under state and federal laws, many minors do use firearms for legitimate purposes under adult supervision and instruction, such as for hunting, competition shooting, and recreational shooting. Advertisements appealing to adult shooters and hunters also appeal to young shooters and hunters. While these young shooters and hunters are not buying firearms or ammunition themselves, their mentors do often include them in the process when shopping to teach them about selecting equipment that is safe and suitable.

Please click here to contact the Assembly Judiciary Committee and ask them to OPPOSE AB 2571.

Senate Public Safety Committee at 9:00AM on April 26^th
 
Senate Bill 1327, introduced by Senator Robert Hertzberg (D-18), creates a private right of action that allows individuals to file civil suits against anyone who manufactures, distributes, transports, sells, or imports firearms banned in California, as well as precursor firearm parts. Current law allows for remedies for illegal activities by firearm dealers and manufacturers. The language contained in this bill, along with the rhetoric surrounding it, betrays the political purpose of its sponsors. The bill is aimed at using the gun issue as a political football, making clear that the legislation would become inoperative should the U.S. Supreme Court overturn Texas's recently passed abortion law or if that law is repealed by the Texas Legislature.

Please click here to contact the Senate Public Safety Committee and ask them to OPPOSE SB 1327.

Assembly Appropriations Committee at 9:00AM on April 27^th:

Assembly Bill 2156, introduced by Assembly Member Buffy Wicks (D-15), reduces the number of firearms a private citizen can manufacture in a year from 50 to no more than three. In addition, it prohibits private citizens from using 3D printing to make firearms, precursor parts, or magazines. This arbitrary ban on 3D printing only harasses law-abiding hobbyists who wish to explore this new and emerging manufacturing process. It does not impose a similar ban on legacy manufacturing methods, such as milling, stamping, casting, welding, or injection molding, all of which are proven methods for making reliable firearms. It is already illegal under federal and state law for prohibited persons, such as felons, to possess firearms, including ones they make themselves, regardless of manufacturing method.

Assembly Bill 2552, introduced by Assembly Member Kevin McCarty (D-7), imposes additional restrictions upon gun shows, including requiring vendors to certify that they will not display, possess, or offer any unserialized or unfinished frames or receivers or any attachments or conversion kits that can convert handguns to short barreled rifles or “assault weapons.” Unfinished frames or receivers are not regulated as firearms under federal law; however, they are regulated under state law and are limited to being transferred by licensed vendors in California. Such restrictions continue to cut off access to law-abiding individuals who are looking to acquire firearm parts in accordance with existing law.

Please click here to contact the Assembly Appropriations Committee and ask them to OPPOSE Assembly Bills 2156 and 2552.

Committee and Floor Action from the week of April 18^th:

Senate Floor

Senate Bill 918, introduced by Senator Anthony Portantino (D-25), increases the fee on eligibility checks for precursor firearm parts and ammunition sales. While consumers who pay for basic eligibility checks on ammunition currently, and precursor parts beginning July 1^st, won't notice a price hike, they should. This is because CA DOJ has been charging above the statutory maximum for more than two years, as a result of their efforts to utilize creative legislative drafting to raise the cost of background checks on firearm transfers. While CA DOJ continues to overcharge consumers, they are utilizing this legislation to authorize the current, and unlawful, fee structure. SB 918 was passed on the Senate floor and will now be transmitted to the Assembly for further consideration. 

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Senate Public Safety Committee

Senate Bill 1384, introduced by Senator Dave Min (D-37), requires all licensed firearm dealers to have a digital video surveillance system meeting certain standards, to have general liability insurance coverage of at least one million dollars, and to require certain training for all employees annually. California’s firearm retailers are responsible businesses that are heavily regulated by the federal government and through complex California laws and regulations. This proposed legislation only serves to pile more unnecessary costs and regulatory mandates on them. SB 1384 was passed by the Senate Public Safety Committee and will now move to the Senate Appropriations Committee for further consideration.

Assembly Judiciary Committee

Assembly Bill 1594, introduced by Assembly Member Phil Ting (D-19), creates a private right of action against firearm industry members for failure to implement "reasonable" controls. This intentionally vague term could subject the industry to crippling lawsuits regardless of whether there was any actual violation of law. The firearm industry is already highly regulated through federal and state laws, with violations carrying stiff penalties. This is the latest salvo in gun control advocates' long-running effort to circumvent the federal Protection of Lawful Commerce in Arms Act (PLCAA), which ensures Americans have reasonable access to firearms. The PLCAA does not prohibit lawsuits against the firearm industry for knowingly unlawful sales, for negligent entrustment, and on traditional products liability grounds. AB 1594 passed the Assembly Judiciary Committee and will now move to the Assembly Appropriations Committee for further consideration. 

Assembly Public Safety Committee

Assembly Bill 1621, introduced by Assembly Member Mike Gipson (D-65), expands what is considered a "precursor part" under existing law and requires serial numbers on those parts. Further, it expands the definition of “firearm” for purposes of criminal and regulatory penalties to include "precursor parts." And finally, it prohibits the possession, transfer, sale, or advertising of milling machines that have the sole or primary purpose of manufacturing firearms. Unfinished frames or receivers are not regulated as firearms under federal law; however, they are already regulated under state law and are limited to being transferred by licensed vendors in California. Such restrictions continue to cut off access to law-abiding individuals who are looking to acquire firearm parts in accordance with existing law and continue to discourage law-abiding hobbyists who like to build their own firearms, such as to suit their own needs, for the pursuit of the craft, or to explore emerging manufacturing techniques. AB 1621 was passed by the Assembly Public Safety Committee and will now move to the Assembly Appropriations Committee for further consideration.

Assembly Privacy and Consumer Protection Committee:

Assembly Bill 2571, introduced by Assembly Member Rebecca Bauer-Kahan (D-16), bans advertising or marketing firearms or ammunition in a way that is “attractive to minors,” replacing the language in current law banning specifically “advertis[ing] to minors.” This vague term can potentially ban all firearm advertisements or activities involving firearms, such as hunting and hunter education. Though minors may not purchase firearms or ammunition from dealers under state and federal laws, many minors do use firearms for legitimate purposes under adult supervision and instruction, such as for hunting, competition shooting, and recreational shooting. Advertisements appealing to adult shooters and hunters also appeal to young shooters and hunters. While these young shooters and hunters are not buying firearms or ammunition themselves, their mentors do often include them in the process when shopping to teach them about selecting equipment that is safe and suitable. ​AB 2571 was passed by the Assembly Privacy and Consumer Protection Committee and will be considered in the Assembly Judiciary Committee on April 26. 

Continue to check your inbox and www.nraila.org​ for updates concerning your Second Amendment Rights and hunting heritage in California.