Background Checks on Barrels Just Part of California’s Ridiculous New Gun Control Law

Starting on January 1, California residents who want to purchase a gun barrel are going to have to go through a background check (or drive out of state to make their purchase), but that’s just one provision in a much larger law that threatens to curtail commerce in all kinds of gun parts… and even machining equipment. 

AB 1263 imposes new mandates and risks for makers, distributers, and sellers of all firearms, firearm “accessories”, and “firearm manufacturing machines.” Accessories are broadly defined as “an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to increase a firearm’s rate of fire or to increase the speed at which a person may reload a firearm or replace the magazine, or any other attachment or device described in subdivision (a) of Section 30515 of the Penal Code that may render a firearm an assault weapon when inserted into, affixed onto, or used in conjunction with a firearm. The term firearm accessory also includes any other device, tool, kit, part, or parts set that is clearly designed and intended for use in manufacturing firearms.”

Under that definition, everything from speedloaders to after market triggers could become a “firearm accessory” subject to the new restrictions of the law. AB 1263 requires sellers of firearm accessories, a firearm manufacturing machine, or gun barrels unattached to a firearm to:

• provide a prospective purchaser with a “clear and conspicuous notice that manufacturing more than three firearms per calendar year in California; manufacturing a firearm using a three-dimensional printer or CNC milling machine, manufacturing a firearm for the purpose of selling or transferring ownership of that firearm to another individual who is not licensed to manufacture firearms; manufacturing a firearm for the purpose of selling, loaning, or transferring that firearm, with the intent to complete the sale, loan, or transfer without a required background check initiated by a licensed firearms dealer; allowing, facilitating, aiding, or abetting the manufacture of a firearm by a person who is legally prohibited from possessing firearms; and manufacturing, or causing the manufacture of, assault weapons, machineguns, undetectable firearms, unserialized firearms, unsafe handguns that are not on the Department of Justice roster of handguns certified for sale in California, or other generally prohibited weapons” is against the law
• receive an acknowledgment from the prospective purchaser attesting that the prospective purchaser received and understands the notice provided
• require the prospective purchaser to provide proof of age and identity verifying that the prospective purchaser is at least 18 years of age.

These restrictions have already lead to companies like Geissele to largely step away from the California market. As the company explained in an open letter on December 19, the law is meant to make sellers, resellers, manufacturers, and distributors responsible for anyone who attempts to use “firearm accessories” to convert a California-compliant firearm into an “illegal” gun prohibited under state law. 

AB 1263 even seeks to curb speech, by allowing civil actions against anyone who “distributes or causes to be distributed, by any means including the internet, any digital firearm manufacturing code to any other person in this state who is not a federally licensed firearms manufacturer, member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.” 

As Only Guns and Money’s John Richardson opined:

I think the approach of Geissele is prudent risk management. I foresee that other companies will be doing the same thing. Frankly, it would be foolish on their part not to suspend sales of anything covered by the overly broad definitions within the bill. Indeed, if I were one of the major manufacturers of CNC machines, I’d stop selling for delivery in California. While I’m sure the authors of AB 1263 aimed it at machines like Defense Distributed’s Ghost Gunner 3-S, any CNC machine with the proper instructions – another thing that is restricted – could be a target of an ambitious prosecutor or ambulance chasing plaintiffs attorney.

The same goes for the creators of files that can be used to 3D-print gun parts, even if they’re not the ones disseminating those files in California. 

Richardson goes on to say that AB 1263 has two aims: creating so much risk for the firearms industry to operate in California that companies will no longer sell or ship any product that could conceivably be covered this law, and to further cripple the culture of lawful gun ownership in the state. 

I agree, and unless AB 1263 is challenged, the law will have a significant impact on lawful gun owners and the firearms industry going forward. The good news is that anti-gun schemes like California’s Handgun Roster, microstamping mandates, and background checks on ammo sales (along with prohibiting California residents from bringing ammunition purchased out of state back home) have all been subject to litigation that’s seen some success in federal courts. AB 1263’s restrictions are so egregious that they too may be iced by a lawsuit in the future, though as of today no such litigation has been filed. We’ll see what happens after the law takes effect on Thursday, but I’m hopeful that companies like Geissele and others will quickly file suit over these new mandates. 

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