Special Business Regulations 18400-22949.92.2Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, Or Transfer of Firearms and Precursor Parts
Section § 22949.60
This law highlights the dangers of assault weapons, .50 BMG rifles, and unserialized firearms, stating they pose a threat to everyone's safety in California. The law aims to protect people from gun violence, especially youngsters, who are more prone to risky behavior with firearms. It underscores the need for tracing guns used illegally and implies that young people under 21 shouldn't have easy access to firearms. The Legislature intends to further restrict these weapons by introducing new civil laws and enforcement measures, without affecting existing firearm laws.
Section § 22949.61
This law defines various firearm related terms. A '.50 BMG rifle' is a rifle that fires .50 BMG cartridges and isn't an assault weapon or machinegun. 'Assault weapon' includes specific semi-automatic guns, either by make and model or by certain features like detachable magazines and specific grips. Some firearms, especially those used in Olympic sports, are exempt from being labeled as assault weapons. 'Federally regulated firearm precursor parts' have serial numbers and meet federal guidelines. 'Firearm precursor parts' are nearly complete components for firearms. 'Unserialized firearms' lack legally required serial numbers.
Section § 22949.62
This law makes it illegal for anyone in California to make, distribute, transport, sell, or even give away certain types of weapons like assault weapons, .50 BMG rifles, or unserialized firearms, except under specific circumstances. It's also against the law to buy, sell, or transfer firearm parts that aren't federally regulated, with exceptions for certain licensed manufacturers and carriers. Additionally, firearm dealers can't sell guns to anyone under 21 unless they're not handguns or specific rifles and the buyer has a valid hunting license or military service credentials. The rules apply equally whether or not the firearms or parts are intended for illegal use. Certain law enforcement and military entities are exempt from these restrictions when performing official duties. Estate executors handling registered firearms also have certain exemptions.
Section § 22949.63
This law permits licensed firearms dealers in California to handle and repair assault weapons or .50 BMG rifles legally registered or permitted under certain conditions. Dealers can transfer these guns to gunsmiths for repairs, as long as the gunsmith has the necessary licenses. Dealers can also transport these firearms between dealers or out of state, and sell them to out-of-state residents if allowed by federal law. Individuals can surrender such firearms to law enforcement or government agencies through approved programs, following specific transport rules.
Section § 22949.64
This law specifies that the rules in this chapter can only be enforced through private lawsuits, as described in another section, and not by the state or local governments. Violations of this chapter can't be used on their own to deny or take away licenses or privileges like business or firearm licenses, unless specified by another law. The law doesn't change the legality of the prohibited conduct or impact other laws regarding firearms. However, the chapter's enforcement remains strictly through private civil actions.
Section § 22949.65
This law allows people to sue anyone, except government officials, who violates, helps violate, or intends to violate certain rules about firearms. If you win such a lawsuit, you can get an order stopping the violations, at least $10,000 per violation in damages, and your legal fees paid. The law encourages timely lawsuits by limiting claims to within four years. Defendants can't use excuses like not knowing the law to defend themselves, but they might defend their actions if they had a reasonable belief of compliance after investigation. Additionally, this law doesn't apply to actions protected by free speech and doesn't allow the government to interfere, except with guidance briefs.
Section § 22949.66
This law explains when a defendant can claim the right to bear arms as a defense in certain legal cases. Generally, a defendant can't use another person's Second Amendment right as a defense unless the U.S. Supreme Court specifically allows it, or if the defendant meets certain legal criteria for representing another person's rights. However, the defendant can argue their own constitutional rights as a defense if the actions they’re being sued for were protected by the state or federal constitution.
Section § 22949.67
Section § 22949.68
This law allows certain civil cases to be brought in specific locations. You can file in a county where the incident happened, where a defendant lives, where a defendant's main office is, or where the plaintiff lives if they reside in the state. Once a case is filed in one of these places, it can't be moved to a different location unless everyone involved agrees in writing.
Section § 22949.69
This law says that the state of California, its subdivisions, and their officers or employees cannot be sued for challenging the validity of any part of this chapter, whether on constitutional grounds or otherwise. It means they are protected by different types of immunity regardless of what other laws might say. Additionally, no state law will override this immunity unless it specifically states that it does.
Section § 22949.70
Section § 22949.71
This law will stop being effective if the entire specified Texas health code (Subchapter H of Chapter 171) is struck down by the highest courts in the U.S. or Texas. If that happens, this law will be officially removed on January 1st of the next year.