Regulations: Revised Firearm Precursor Part Definitions and Guidebook (APA Exempt)

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Summary
On June 30, 2022, Governor Gavin Newsom signed Assembly Bill (AB) No. 1621 (Stats. 2022, ch. 76), which took effect immediately except where the bill specified another implementation date. Some of the provisions that took immediate effect revised the definition of “firearm precursor part” (Pen. Code, § 16531, subd. (a)), added a definition for a “federally regulated firearm precursor part” (Pen. Code, § 16519), and generally prohibited the purchase, sale, offer to sell, or transfer of a firearm precursor part that is not a federally regulated firearm precursor part in the state of California, except as specified (Pen. Code, § 30400, subd. (a)).

On April 11, 2022, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued Final Rule 2021R-05F, Definition of “Frame or Receiver” and Identification of Firearms (hereinafter referred to as the “ATF Final Rule”). The ATF Final Rule, which takes effect on August 24, 2022, makes federal regulatory changes that are relevant to the definition of a federally regulated firearm precursor part. For the full text of the ATF Final Rule, visit: https://www.federalregister.gov/documents/2022/04/26/2022-08026/definition-of-frame-or-receiver-and-identification-of-firearms.

Pursuant to Penal Code section 16531, the Department of Justice is required to provide “written guidance and pictorial diagrams demonstrating examples of firearm precursor parts.” In accordance with this mandate, and to ensure the consistency between California and federal law, the Department has promulgated regulations defining key terms and revised the Firearm Precursor Part Identification Guidebook to help individuals, manufacturers, dealers, and law enforcement agencies identify a firearm precursor part and a federally regulated firearm precursor part.

Status of the Proposal

The rulemaking is complete. The Department’s regulations are exempt from the Administrative Procedure Act. (AB 1621, § 39.) To provide protection from escalating rates of firearm violence and against the proliferation of unserialized firearms, and to conform firearm laws with federal regulations, these regulations are effective August 24, 2022. On September 21, 2022, the Office of Administrative Law filed the regulations with the Secretary of State.

Regulations Documentation


NOTE: This webpage will be deleted 12 months after the rulemaking is completed and the regulation is filed with the Secretary of State.

NOTE: This webpage will be deleted 12 months after the rulemaking is completed and the regulation is filed with the Secretary of State.