April 2022 Legislation/Litigation Update
Focus for April: ATF Final Rule 2021R-05F
At the President’s direction, the ATF is issuing new regulation on Definition of “Frame or Receiver” and Identification of Firearms, Final Rule 2021R-05F.
In brief, this regulation change changes some definitions and provides some new definitions.
Definition of “Frame or Receiver” was a removed and replaced to address “technological advancements and judicial developments” since the definitions were originally set forth in 1968 and 1971. The new definition identifies only one part of a firearm to be the “frame” or “receiver” that requires a serial number. It is the part that provides housing or a structure for one specific, primary fire control component of weapons that a projectile.
The rule change grandfathers in existing classifications of frames or receivers and allows them to be marked in accordance with existing requirements. Partially complete, disassembled, or non-functional frames or receivers, including parts kits, that the ATF did not classify as frames or receivers prior to the rule are not grandfathered and will need to be re-evaluated.
The rule also amends the definition of “firearm” to “clarify when a parts kit is considered a firearm”.
This rule also adds definitions for “complete weapon”, “privately made firearm (PMF)” and “readily”.
Federal Firearm Licensees will be required to retain their records until they discontinue their business or licensed activity.
The changes take effect in August.
To see the official summary: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/summary
Legislation
Senate Bill 906: School safety: mass casualty threats: firearm disclosure
This bill would require the parents or guardians of a pupil to disclose whether any firearms are located at the home of the pupil and to answer questions about the ownership, storage, and accessibility by the pupil of the firearms.
This bill was introduced and read the first time on 2 February, 2022. It has been fast-tracked to the Senate Education and Public Safety committees. Failed in Education committee on first vote, but reconsideration was granted. April 7, from committee with author’s amendments. Read second time and re-referred to committee on Education. Set for a hearing before Public Safety Committee on April 26.
Senate Bill 915 Firearms: state property
Since the “no gun shows on state property” bill last session was eventually amended to only apply to Orange County, this is a new one to again try to make the ban statewide. This bill has been fast-tracked to the Senate Education and Public Safety committees. A hearing was held March 8 in the Public Safety Committee, who voted 4 to 1 to forward with a “Do pass” recommendation and referred to the Appropriations committee. April 4, heard before the Appropriations committee and placed in suspense file.
Assembly Bill 311 Firearms: Del Mar Fairgrounds
Prohibit guns shows and sale of firearms, ammunition, and firearm precursor parts at the Del Mar Fairgrounds. Passed by the Assembly and now in process in the Senate.
Assembly Bill 2552 Firearms: gun shows and events
This bill increases signage requirements for gun show organizers, increases paperwork for gun show vendors, and bans the sale of black powder, unfinished receivers, unfinished frames, and conversion kits designed to convert a handgun into a short barreled rifle or assault weapon at gun shows. Vendors also will be prohibited from inciting or encouraging hate crimes. Amended and recommended “do pass” from Public Safety Committee. Referred to Appropriations Committee.
Assembly Bill 1769 Firearms: prohibited places
This bill would prohibit the sale of firearms, firearm precursor parts, and ammunition at the Ventura County Fair and Events Center. Referred to the Public Safety Committee. Moved from the Public Safety Committee with “do pass” and referred to Appropriations Committee.
Senate Bill 1327 Firearms: private rights of action
This bill would create a private right of action for any person against any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, or causes to be distributed or transported or imported into the state, keeps for sale or offers or exposes for sale, or gives or lends any firearm lacking a serial number required by law, assault weapon, .50 BMG rifle, or firearm precursor part, subject to certain exceptions, as specified. This bill was introduced in the Senate February 18, and fast-tracked the same day. Referred to committees on Judiciary, Public Safety, and Appropriations. Moved from Judiciary Committee with “do pass”. Set for hearing in Public Safety Committee on April 26.
AB-1594 Firearms: civil suits.
Existing law defines a public nuisance and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement. Existing law also regulates the manufacture, sale, and marketing of firearms. This bill would specify that a gun industry member has created or maintained a public nuisance, as defined, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices. Referred to the Judiciary Committee. Amended and moved from Judiciary Committee with a “do pass” and re-referred to Appropriations Committee.
Senate Bill 1386 Firearms: concealed carry licenses
Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified.
This bill would instead require the sheriff of a county, or the chief or other head of a municipal police department, if good cause exists for the issuance, and subject to certain other criteria, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun.
Introduced by Senator Melendez on February 18, and fast-tracked the same day. Referred to the Public Safety Committee and set for hearing April 5, but hearing was cancelled at the request of the author.
Assembly Bill 1769 Firearms
This bill would remove the microstamping requirement for a firearm to be included on the handgun roster and would remove the requirement for the department to remove 3 firearms from the roster for each new firearm added. Introduced January 24 and may be heard February 24. Referred to the Public Safety Committee. Moved from the Public Safety Committee with “do pass” and referred to Appropriations Committee. Referred to Appropriations suspense file.
Note, to find current and reliable information on any bill before the California legislature you can go to: https://leginfo.legislature.ca.gov/faces/home.xhtml
Litigation
Duncan v Bonta: The Ninth Circuit Court of Appeals En Banc panel has overturned the district court ruling that found the California “Large Capacity Magazine” ban unconstitutional. The lawsuit challenges the ban of possession of large capacity magazines that was approved by California voters in Prop 63. Enforcement of the ban was stayed, pending disposition of a petition for certiorari filed with the Supreme Court.
Renna v Bonta on the California handgun roster is being considered for certiorari by the Supreme Court. Four justices are needed for the court to hear a case.
Bianchi v Frosh has been appealed to the Supreme Court and will also be considered. This suit challenges the Maryland ban on “assault weapons”. This case has also been distributed for review to the justices and will be considered for certiorari.
Doe v Bonta is a new lawsuit filed by the NRA to block the release of gun owner’s personal information to UC Davis and other, unspecified, “research organizations”. Information has already been given to UC Davis.
Respectfully submitted,
David Smith
