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April 2022 Legislative/Litigation Update

Apple Valley Gun Club

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.

To read SB906

 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.

To read SB915

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

AVGC May 11th Meeting Location Change

Hello AVGC!

Due to the San Bernardino County Fair, we will not be holding our monthly membership meeting at the Fairgrounds in May. Our May meetings will be held at the Pistol Range on P1. Please remember to bring your own chairs! Help spread the word and remind your friends!

See you on the range!

May 11th AVGC Meetings to be held onsite at the Range.

Celebrate Our Nation’s Independence at AVGC!

Apple Valley Gun Club July 2 Patriot Celebration

Patriotism and a Way to Experience It

“Come the shoot the rifles that secured our freedom”
By: Alex Montenegro

I often think how lucky I am to live in the country I do, and to get to hang out with the community of firearm enthusiasts that I do. As I click off a mental list of the possibility of countries, I honestly can say I wouldn’t want to live in any other country but the United States of America. In that spirit of appreciation of where one lives, it conjures up a feeling of patriotism for me.

In light of the world events currently in progress, I thought I would put on an event at Apple Valley Gun Club for our community to experience patriotism right here at the club. With another killer BBQ planned for the Independence Celebration on Saturday July 2nd, I thought what a perfect time for the CMP Group to share our sport & discipline. I believe that some of you would love to come shoot the rifles that secured & protected our freedom as a country, but were somewhat unsure or didn’t have the gear or the comfort level to shoot a CMP match.

Well, here is my offer. The group of CMP shooters that shoot at AVGC have offered their services as an individual coach for anyone who wants to give it a shot (pun intended). So you can come shoot a match using one of our loaner rifles we have, M1 Garands (4), a Mosin Nagant, an 8mm Mauser, and I know most of us would loan you one of our rifles as well. We have ammo for all of these firearms for these type of matches, and you’re welcome to bring your own service rifle too.

So, if you’ve always wanted to, but just never got up the guts, here is a great way to wet your feet. If you shoot at one of our CMP Matches, fill out a score card, and turn it in; you’ll be assigned a CMP number by the CMP. This in turn will allow you to buy from the CMP anything that is on their sales list.

Come participate in our matches, experience patriotism, and enjoy a great BBQ afterwards. For more detailed information, please contact me by email so that way I can give a complete and clear response to your questions.

When

July 2nd

Times

CMP Match: 7 am set up.  8 am Mandatory safety briefing

BBQ: 1 pm

Flag retirement ceremony: 3 pm

Hope to see you there,
Alex Montenegro
AVGC CMP Director
Email: ibalmon@msn.com

New Match at AVGC! Two-Gun Centerfire/PCC

Apple Valley Gun Club

The AVGC Board has approved a new match at the Club – Two-Gun Centerfire/PCC.  The match will be held on the second Sunday of each month on Pistol Bay 1.

Two-gun centerfire pistol/PCC is conducted under Apple Valley Gun Club Rules. We are limiting the PCC’s to standard 9mm, 40 S&W or 45 ACP. This match is very similar to two-gun rimfire, only with centerfire guns. Round count is approximately 125 clean rounds.

Stages are set up on Pistol Bay 1. There will be a pistol section, clear and ground your pistol, then a PCC section. Stages will involve movement, forward, backward, sideways, with barriers, paper targets, steel knockdown and reactive targets. This will be a timed event with reward for both speed and accuracy.

Time

June – September: Set up at 7:00 am. Start at 8:00 am.  Mandatory safety briefing at 7:45 am.  You must attend safety briefing or you will not shoot.  Starts one hour later October – May.

What to Bring

  • PCC centerfire pistol (standard 9mm,  40 S&W or 45 ACP)
  • Five mags and holders
  • Mags for the PCC
  • Chamber flag
  • Holster made of kydex or leather.  No flimsy nylon type.  Must be able to holster with one hand.
  • Ear and eye protection for spectators as well as footwear that encloses the toes are mandatory (no sandals).

Cost

Club members $5 / Non-members $10
Juniors free with a paid parent
Active Military always no charge

Please bring exact change.

Match Directors

Sam Martinez
(760) 964-5282
1slowsam718@gmail.com

John Melton
(760) 447-5220

2022 Semi-Annual Revisions to AVGC Governing Documents

Apple Valley Gun Club

Hello Members of AVGC!

As mentioned at our March membership meeting, below are the links to the semi-annual 2022 revisions to our Governing Documents.  Please review and send any comments to the Secretary.  We will vote on adopting the Bylaws at the April meeting.

Bylaws: The substantive change in the Bylaws is highlighted in yellow regarding a President Emeritus Position. Download Bylaws

Range Regulations: the Safety Committee did a review and simply updated some things to be in line with our current practices.  Additionally, the section on an Air Gun Shoot House was removed as we do not have such a facility at this time.  Download Range Regulations

Policies and Procedures: the Matrix for the background check requirements has been added to the appendix for reference along with the New application for membership. Download Policies and Procedures.

Dina McKinney, Secretary
avgc.dina@applevalleygunclub.com
APPLE VALLEY GUN CLUB

March 2022 Legislative/Litigation Update

Apple Valley Gun Club

March 2022 Legislation/Litigation Update

Focus for March:

Starting July 1, 2022, anyone purchasing “precursor parts”, which may be made into a firearm, will have to purchase them from, or conduct private transfers through, a state licensed dealer. Residents of California will not be able to bring precursor parts obtained in another state into California; they must be delivered to a licensed dealer. There will be specific licenses for precursor parts dealers. Precursor parts may also be purchased from a state licensed firearm or ammunition dealer. The process requires an eligibility check essentially the same as currently used for ammunition. There is no waiting period.

Precursor parts may not be transferred to anyone under 21, starting July 1. Anyone prohibited from owning a firearm will also be prohibited from owning precursor parts.

California Penal Code section 30400 to 30425

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=10.&title=4.&part=6.&chapter=1.5.&article=1.

There has been a lot of confusion and bad information about what constitutes a “precursor part”, due to other bills which would have included a lot more parts, but did not pass. The bill that passed and established the definition includes only partially finished receivers, frames, and equivalent, which are finished 80% or less.

Note that a receiver or frame more than 80% complete (finished lower, stripped lower, finished frame, etc.) is considered a firearm under state and federal regulations and there will be no change in their purchase.

California Penal Code section 16531 says:  

(a) As used in this part, “firearm precursor part” means a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories:

(1) An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10- or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate.

(2) An unfinished handgun frame.

(b) The Department of Justice, consistent with this section, shall provide written guidance and pictorial diagrams demonstrating each category of firearm precursor part specified in subdivision (a).

(c) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170, are not firearm precursor parts.

(d) A firearm precursor part is not a firearm or the frame or receiver thereof. A firearm precursor part that is attached or affixed to a firearm is not subject to the requirements of Chapter 1.5 (commencing with Section 30400) of Division 10 of Title 4 of Part 6 or Section 18010.

California Penal Code Section 16531

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=16531

Firearm Precursor Part Identification Guide

https://oag.ca.gov/system/files/media/ppdg-doc-inc-ref-bof-pub-0022.pdf

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. Set for hearing March 23.

To read SB906

 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.

To read SB915

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.

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.

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.

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.

 

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.

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.

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

2022 Board of Directors Announced

Apple Valley Gun Club

The Apple Valley Gun Club announced its 2022 Board of Directors at the Annual Members Banquet February 19th, 2022.  Congratulations to our incoming board.

2022 Apple Valley Gun Club Board of Directors

President: Jenaraye Graham
Vice President: Tim Neubauer
Treasurer: Jonathan Weldy
Secretary: Dina McKinney
2-Year Director: Allen Rutledge
2-Year Director: Bill Stephens
2-Year Director: Ray Jameson
2-Year Director: Vacant (to be appointed)
1-Year Director: Cathy Westmoreland

A very special thank you goes to outgoing President Tracey Graham.  We appreciate your leadership and guidance that you have given to the club.

February 2022 Legislation/Litigation Update

Apple Valley Gun Club

Focus for February

Senate Bill 906: School safety: mass casualty threats: firearm disclosure

This bill would require the State Department of Education, in consultation with the Department of Justice, to develop model content for use by local education agencies related to a threat or perceived threat of an incident of mass casualties at a school. Using the model content, this bill would have the local agency 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. The bill would also require the school to include information related to the safe storage of firearms in the annual notification provided to the parents or guardians of a pupil. If a school official is alerted to or observes any threat or perceived threat of an incident, the bill requires an immediate report to law enforcement. The education agency is required to conduct an investigation, including a review of the parent or guardian’s disclosure form, and a search of the pupil or pupil’s property if there is a reasonable suspicion that a gun or other evidence will be found. This bill was introduced and read the first time on 2 February, 2022.

Remember that last year the “red flag” laws were amended to add school officials to those who have standing to request a “Gun Violence Restraining Order” and have guns “temporarily” confiscated.

To read the bill:
https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=20212022SB906

Legislation

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.
https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=20212022SB915

Assembly Bill 1223: Firearms and ammunition: excise tax
No action was taken by the deadline for the third reading and this bill died on February first. This would have applied 10% and 11% excise taxes on the sale of guns and ammunition.

Regulation
The Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF) has issued a rule that requires gun retailers to carry storage or safety devices for any gun they offer for sale. The notice of proposed rulemaking for this rule was published May 26, 2016. This rule was published in the Federal Register 4 January and became effective 3 February, 2022. This is implementing regulation for language in the budget bill passed in 1999. The ATF rule includes modern muzzle loading black powder firearms in the definition for “antique and replica” firearms.

The rulemaking document:
https://www.govinfo.gov/content/2022-01-04/pdf/2021-28398.pdf

Updates

The ATF rule changing the definitions of what constitutes a gun will likely be issued in June and the ATF rule on pistol braces will likely be issued in August.

Note: the Los Angeles city council has introduced a proposed ordinance patterned after the ordinance in San Jose that requires gun owners to pay fees and carry insurance.

Litigation

In January a three judge panel of the 9th Circuit Court of Appeals ruled that Los Angeles and Ventura county orders shutting down gun stores and shooting ranges were unconstitutional. Completely denying access to firearms and ammunition is a direct infringement on the Second Amendment. The court said that considering gun related businesses to be non-essential was not appropriate. The county orders were issued in March of 2020, in response to the COVID pandemic.

An amicus brief was filed this week on behalf of thirteen states and the District of Columbia supporting the lawsuit by Mexico against a number of US gun manufacturers and distributors. California Attorney General Rob Bonta is one of the signers.

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 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

Adaptive Shooting at AVGC in 2022

Apple Valley Gun Club Adaptive Shooting Program

Happy New Year Friends!

The Apple Valley Gun Club is proud to announce its 2022 schedule of Adaptive Shooting events to be held at the range.

The Adaptive Shooting Sports Program was created for people who have experienced spinal cord injury/disorder, amputee/limb-loss, and mobility impairments, providing the opportunity to enjoy the shooting sports.

Participants will have one-on-one instruction from qualified instructors and coaches, and learn firearm safety, self-defense, and marksmanship. Using adaptive equipment and techniques, every participant can shoot an assortment of firearms, regardless of their physical limitations.

The focus is not on any disability, but the abilities of those challenged athletes.

2022 Adaptive Shooting Program Schedule

Click on the respective date below to register at Eventbrite.

AVGC is committed to serving the disabled community through Adaptive Shooting Clinics and Classes.

Contact Cecil Volsch at cecilvolsch3@gmail.com with any questions.

WATCH: Quadriplegic Shoots a Gun for the First Time