Chapter 38Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts

Section § 22949.60

Explanation

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.

(a)CA Business and Professions Code § 22949.60(a) The Legislature hereby finds and declares that the proliferation of assault weapons, .50 BMG rifles, and unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state. All Californians are directly harmed by the proliferation of these weapons and this state has a compelling state interest in protecting its citizens from gun violence and from intimidation by persons brandishing these weapons. Further, this state has a compelling interest in enabling law enforcement authorities to trace firearms used, manufactured, distributed, or transported unlawfully.
(b)CA Business and Professions Code § 22949.60(b) The Legislature further finds and declares that the proliferation of firearms to and among young people poses a threat to the health, safety, and security of all residents of, and visitors to, this state. Firearms are especially dangerous in the hands of young people because current research and scientific evidence show that young people are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations. In recognition of these facts, the Legislature has previously prohibited licensed firearm dealers from selling a firearm to a person under 21 years of age, subject to certain exemptions. This state has a compelling interest in further restricting the proliferation of firearms among those under 21 years of age.
(c)CA Business and Professions Code § 22949.60(c) The Legislature has previously restricted assault weapons based upon finding that each such firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. The Legislature has also previously restricted .50 BMG rifles based upon finding that they pose a clear and present threat to the health, safety, and security of all residents of, and visitors to, this state, because those firearms have such a high capacity for long-distance and highly destructive firepower that they pose an unacceptable risk of death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. Each of these previous findings is readopted. The Legislature further finds and declares that the manufacture, distribution, transport, importation, and sale of unserialized firearms poses a threat to the health, safety, and security of all residents of, and visitors to, this state, and impedes law enforcement activities, and that the manufacture, distribution, transport, importation, and sale of firearm precursor parts and kits is contributing to the proliferation of unserialized firearms in the state.
(d)CA Business and Professions Code § 22949.60(d) It is the intent of the Legislature in enacting this chapter to further restrict in this state the manufacture, distribution, transportation, importation, sale, lending, and transfer of assault weapons, .50 BMG rifles, and unserialized firearms, and further restrict the proliferation of firearms to and among those under 21 years of age, by creating new civil law prohibitions and a civil enforcement mechanism, independent of existing law. Nothing in this chapter shall be construed to limit in any way the enforceability of existing laws concerning firearms, including, but not limited to, Part 6 (commencing with Section 16000) of the Penal Code.
assault weapons .50 BMG rifles unserialized firearms gun violence firearm tracing firearms under 21 risk behavior civil law prohibitions weapon restrictions firearm safety youth access to guns firearm enforcement unserialized guns public safety law enforcement
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.61

Explanation

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.

For purposes of this chapter, the following definitions shall apply:
(a)CA Business and Professions Code § 22949.61(a) “.50 BMG rifle” means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. “.50 BMG rifle” does not include any antique firearm, nor any curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
(b)Copy CA Business and Professions Code § 22949.61(b)
(1)Copy CA Business and Professions Code § 22949.61(b)(1) “Assault weapon” means the following designated semiautomatic firearms:
(A)CA Business and Professions Code § 22949.61(b)(1)(A) All of the following specified rifles:
(i)CA Business and Professions Code § 22949.61(b)(1)(A)(i) All AK series, including, but not limited to, the models identified as follows:
(I)CA Business and Professions Code § 22949.61(b)(1)(A)(i)(I) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(II) Norinco 56, 56S, 84S, and 86S.
(III) Poly Technologies AKS and AK47.
(IV) MAADI AK47 and ARM.
(ii)CA Business and Professions Code § 22949.61(b)(1)(A)(ii) UZI and Galil.
(iii)CA Business and Professions Code § 22949.61(b)(1)(A)(iii) Beretta AR-70.
(iv)CA Business and Professions Code § 22949.61(b)(1)(A)(iv) CETME Sporter.
(v)CA Business and Professions Code § 22949.61(b)(1)(A)(v) Colt AR-15 series.
(vi)CA Business and Professions Code § 22949.61(b)(1)(A)(vi) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
(vii)CA Business and Professions Code § 22949.61(b)(1)(A)(vii) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(viii)CA Business and Professions Code § 22949.61(b)(1)(A)(viii) MAS 223.
(ix)CA Business and Professions Code § 22949.61(b)(1)(A)(ix) HK-91, HK-93, HK-94, and HK-PSG-1.
(x)CA Business and Professions Code § 22949.61(b)(1)(A)(x) The following MAC types:
(I)CA Business and Professions Code § 22949.61(b)(1)(A)(x)(I) RPB Industries Inc. sM10 and sM11.
(II) SWD Incorporated M11.
(xi)CA Business and Professions Code § 22949.61(b)(1)(A)(xi) SKS with detachable magazine.
(xii)CA Business and Professions Code § 22949.61(b)(1)(A)(xii) SIG AMT, PE-57, SG 550, and SG 551.
(xiii)CA Business and Professions Code § 22949.61(b)(1)(A)(xiii) Springfield Armory BM59 and SAR-48.
(xiv)CA Business and Professions Code § 22949.61(b)(1)(A)(xiv) Sterling MK-6.
(xv)CA Business and Professions Code § 22949.61(b)(1)(A)(xv) Steyer AUG.
(xvi) Valmet M62S, M71S, and M78S.
(xvii) Armalite AR-180.
(xviii) Bushmaster Assault Rifle.
(xix) Calico M-900.
(xx) J&R ENG M-68.
(xxi) Weaver Arms Nighthawk.
(B)CA Business and Professions Code § 22949.61(b)(1)(B) All of the following specified pistols:
(i)CA Business and Professions Code § 22949.61(b)(1)(B)(i) UZI.
(ii)CA Business and Professions Code § 22949.61(b)(1)(B)(ii) Encom MP-9 and MP-45.
(iii)CA Business and Professions Code § 22949.61(b)(1)(B)(iii) The following MAC types:
(I)CA Business and Professions Code § 22949.61(b)(1)(B)(iii)(I) RPB Industries Inc. sM10 and sM11.
(II) SWD Incorporated M-11.
(III) Advance Armament Inc. M-11.
(IV) Military Armament Corp. Ingram M-11.
(V)CA Business and Professions Code § 22949.61(b)(1)(B)(iii)(V) Intratec TEC-9.
(VI) Sites Spectre.
(VII) Sterling MK-7.
(VIII) Calico M-950.
(IX) Bushmaster Pistol.
(C)CA Business and Professions Code § 22949.61(b)(1)(C) All of the following specified shotguns:
(i)CA Business and Professions Code § 22949.61(b)(1)(C)(i) Franchi SPAS 12 and LAW 12.
(ii)CA Business and Professions Code § 22949.61(b)(1)(C)(ii) Striker 12.
(iii)CA Business and Professions Code § 22949.61(b)(1)(C)(iii) The Streetsweeper type S/S Inc. SS/12.
(D)CA Business and Professions Code § 22949.61(b)(1)(D) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991.
(E)CA Business and Professions Code § 22949.61(b)(1)(E) Any firearm included in the list promulgated by the Attorney General pursuant to former Section 12276.5 of the Penal Code, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this paragraph because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.
(F)CA Business and Professions Code § 22949.61(b)(1)(F) As used in this paragraph, “series” includes all other models that are only variations, with minor differences, of those models listed in subparagraph (A), regardless of the manufacturer.
(2)Copy CA Business and Professions Code § 22949.61(b)(2)
(A)Copy CA Business and Professions Code § 22949.61(b)(2)(A) Notwithstanding paragraph (1), “assault weapon” also means any of the following:
(i)CA Business and Professions Code § 22949.61(b)(2)(A)(i) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
(I)CA Business and Professions Code § 22949.61(b)(2)(A)(i)(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(II) A thumbhole stock.
(III) A folding or telescoping stock.
(IV) A grenade launcher or flare launcher.
(V)CA Business and Professions Code § 22949.61(b)(2)(A)(i)(V) A flash suppressor.
(VI) A forward pistol grip.
(ii)CA Business and Professions Code § 22949.61(b)(2)(A)(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(iii)CA Business and Professions Code § 22949.61(b)(2)(A)(iii) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(iv)CA Business and Professions Code § 22949.61(b)(2)(A)(iv) A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
(I)CA Business and Professions Code § 22949.61(b)(2)(A)(iv)(I) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(II) A second handgrip.
(III) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(IV) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(v)CA Business and Professions Code § 22949.61(b)(2)(A)(v) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(vi)CA Business and Professions Code § 22949.61(b)(2)(A)(vi) A semiautomatic shotgun that has both of the following:
(I)CA Business and Professions Code § 22949.61(b)(2)(A)(vi)(I) A folding or telescoping stock.
(II) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(vii)CA Business and Professions Code § 22949.61(b)(2)(A)(vii) A semiautomatic shotgun that does not have a fixed magazine.
(viii)CA Business and Professions Code § 22949.61(b)(2)(A)(viii) Any shotgun with a revolving cylinder.
(ix)CA Business and Professions Code § 22949.61(b)(2)(A)(ix) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following:
(I)CA Business and Professions Code § 22949.61(b)(2)(A)(ix)(I) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(II) A thumbhole stock.
(III) A folding or telescoping stock.
(IV) A grenade launcher or flare launcher.
(V)CA Business and Professions Code § 22949.61(b)(2)(A)(ix)(V) A flash suppressor.
(VI) A forward pistol grip.
(VII) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(VIII) A second handgrip.
(IX) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel.
(X)CA Business and Professions Code § 22949.61(b)(2)(A)(ix)(X) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(x)CA Business and Professions Code § 22949.61(b)(2)(A)(x) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has a fixed magazine with the capacity to accept more than 10 rounds.
(xi)CA Business and Professions Code § 22949.61(b)(2)(A)(xi) A semiautomatic, centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches.
(B)CA Business and Professions Code § 22949.61(b)(2)(A)(B) For purposes of this paragraph, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
(C)CA Business and Professions Code § 22949.61(b)(2)(A)(C) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subparagraph (D).
(D)CA Business and Professions Code § 22949.61(b)(2)(A)(D) “Assault weapon” does not include either of the following:
(i)CA Business and Professions Code § 22949.61(b)(2)(A)(D)(i) Any antique firearm.
(ii)CA Business and Professions Code § 22949.61(b)(2)(A)(D)(ii) Any of the following pistols, because they are consistent with the significant public purpose expressed in subparagraph (C):
(c)CA Business and Professions Code § 22949.61(c) “Federally regulated firearm precursor part” means any firearm precursor part deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto, and that has been imprinted with a serial number by a federal licensee authorized to serialize firearms in compliance with all applicable federal laws and regulations.
(d)CA Business and Professions Code § 22949.61(d) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(e)Copy CA Business and Professions Code § 22949.61(e)
(1)Copy CA Business and Professions Code § 22949.61(e)(1) “Firearm precursor part” means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.
(2)CA Business and Professions Code § 22949.61(e)(2) Firearm parts that can only be used on antique firearms, as defined in subdivision (c) of Section 16170 of the Penal Code, are not firearm precursor parts.
(f)CA Business and Professions Code § 22949.61(f) “Unserialized firearm” means a firearm that does not have a serial number as required by law or has had its serial number altered or obliterated.
.50 BMG rifle assault weapon definition semi-automatic firearms AK series UZI detachable magazine fixed magazine pistol grip threaded barrel Olympic target shooting exemption Firearm precursor part Unserialized firearm centerfire rifle antiques and curios exemption Federally regulated firearm parts
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.62

Explanation

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.

(a)CA Business and Professions Code § 22949.62(a) Notwithstanding any other law, no person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed, transported, or imported into the state, keep for sale, offer or expose for sale, or give or lend, any assault weapon, .50 BMG rifle, or unserialized firearm, except as provided in subdivisions (e) and (f) and in Section 22949.63.
(b)Copy CA Business and Professions Code § 22949.62(b)
(1)Copy CA Business and Professions Code § 22949.62(b)(1) Except as provided in paragraph (2), or except by operation of law, it shall be unlawful for a person to purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part.
(2)CA Business and Professions Code § 22949.62(b)(2) This subdivision (b) shall not apply to all of the following:
(A)CA Business and Professions Code § 22949.62(b)(2)(A) The purchase of a firearm precursor part that is not a federally regulated firearm precursor part by a federally licensed firearms manufacturer or importer, or by a federal licensee authorized to serialize firearms.
(B)CA Business and Professions Code § 22949.62(b)(2)(B) The sale, offer to sell, or transfer of ownership of a firearm precursor part that is not a federally regulated firearm precursor part to a federally licensed firearms manufacturer or importer, or to a federal licensee authorized to serialize firearms.
(C)CA Business and Professions Code § 22949.62(b)(2)(C) A common carrier licensed under state law, or a motor carrier, air carrier or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(c)Copy CA Business and Professions Code § 22949.62(c)
(1)Copy CA Business and Professions Code § 22949.62(c)(1) A person licensed under Sections 26700 to 26915, inclusive, of the Penal Code shall not sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.
(2)Copy CA Business and Professions Code § 22949.62(c)(2)
(A)Copy CA Business and Professions Code § 22949.62(c)(2)(A) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun or a semiautomatic centerfire rifle to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(B)CA Business and Professions Code § 22949.62(c)(2)(A)(B) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part to a person who is 18 years of age or older and provides proper identification of being an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subdivision, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.
(C)CA Business and Professions Code § 22949.62(c)(2)(A)(C) Paragraph (1) shall not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(i)CA Business and Professions Code § 22949.62(c)(2)(A)(C)(i) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment.
(ii)CA Business and Professions Code § 22949.62(c)(2)(A)(C)(ii) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of employment.
(iii)CA Business and Professions Code § 22949.62(c)(2)(A)(C)(iii) A reserve peace officer, as described in Section 832.6 of the Penal Code, who is authorized to carry a firearm in the course and scope of employment as a reserve peace officer.
(iv)CA Business and Professions Code § 22949.62(c)(2)(A)(C)(iv) A person who provides proper identification of active membership in the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States.
(d)CA Business and Professions Code § 22949.62(d) The prohibitions described in subdivisions (a), (b), and (c) apply whether or not the firearm or firearm precursor part is misused or is intended to be misused in a criminal or unlawful manner.
(e)CA Business and Professions Code § 22949.62(e) Subdivisions (a), (b), and (c) do not apply to the sale of an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to, or the purchase, transport, importation, sale or other transfer, or manufacture of, an assault weapon, a .50 BMG rifle, unserialized firearm, or firearm precursor part by, any law enforcement agency, public entity that employs peace officers, or any authorized law enforcement representative thereof, if that person or entity is not prohibited by law from possessing an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part, including, without limitation, the Department of Justice, a police department or sheriffs’ or marshals’ office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, a district attorneys’ office, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Cannabis Control, the military or naval forces of this state or of the United States, a law enforcement or military agency of another state, any federal law enforcement agency, or any foreign government or agency approved by the United States Department of State, for use in the discharge of the official duties of such entities.
(f)CA Business and Professions Code § 22949.62(f) Subdivisions (a) and (b) do not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6 of the Penal Code, or that was possessed pursuant to subdivision (a) of Section 30630 of the Penal Code, or a firearm assigned a serial number pursuant to Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code, that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by Chapter 1.5 (commencing with Section 30400) or Chapter 2 (commencing with Section 30500), of Division 10 of Title 4 of Part 6 of the Penal Code.
assault weapon restrictions .50 BMG rifles unserialized firearms firearm precursor parts under 21 firearm restrictions valid hunting license military service credential exemption law enforcement exemptions estate executor exemptions firearms sales restrictions transporting firearms federally licensed firearms manufacturers California firearm regulations peace officer firearm exceptions federal law enforcement firearms
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.63

Explanation

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.

(a)CA Business and Professions Code § 22949.63(a) Notwithstanding Section 22949.62, any licensed firearms dealer may take possession of any assault weapon or .50 BMG rifle from any person to whom it is legally registered or who has been issued a permit to possess it pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code, or of any firearm precursor part, for the purposes of servicing or repair.
(b)CA Business and Professions Code § 22949.63(b) Notwithstanding Section 22949.62, any licensed firearms dealer may transfer possession of any assault weapon, .50 BMG rifle, or firearm precursor part received pursuant to subdivision (a), to a gunsmith for purposes of repairing or servicing that weapon. A transfer is permissible only to the following persons:
(1)CA Business and Professions Code § 22949.63(b)(1) A gunsmith employed the dealer.
(2)CA Business and Professions Code § 22949.63(b)(2) A gunsmith with whom the dealer has contracted for gunsmithing services.
(c)CA Business and Professions Code § 22949.63(c) Paragraph (2) of subdivision (b) applies only if the gunsmith receiving the assault weapon, .50 BMG rifle, or firearm precursor part meets both of the following qualifications:
(1)CA Business and Professions Code § 22949.63(c)(1) The gunsmith holds a dealer license issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.
(2)CA Business and Professions Code § 22949.63(c)(2) The gunsmith holds any business license required by a state or local governmental entity.
(d)CA Business and Professions Code § 22949.63(d) In addition to the uses permitted in Chapter 1.5 (commencing with Section 30400) of, and Article 5 (commencing with Section 30900) of Chapter 2 of, Division 10 of Title 4 of Part 6 of the Penal Code, any licensed gun dealer who lawfully possesses an assault weapon, .50 BMG rifle, or firearm precursor part pursuant to those provisions may do either of the following:
(1)CA Business and Professions Code § 22949.63(d)(1) Transport the firearm or firearm precursor part between dealers or out of the state if that person is permitted pursuant to the National Firearms Act. Any transporting allowed by this section or Section 22949.62 shall be in compliance with Sections 16850 and 25610 of the Penal Code.
(2)CA Business and Professions Code § 22949.63(d)(2) Sell the firearm or firearm precursor part to a resident outside the state.
(e)CA Business and Professions Code § 22949.63(e) Notwithstanding Section 22949.62, any individual may, provided that the assault weapon or .50 BMG rifle is transported in compliance with Sections 16850 and 25610 of the Penal Code, do any of the following:
(1)CA Business and Professions Code § 22949.63(e)(1) Arrange in advance to relinquish an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to a police or sheriff’s department.
(2)CA Business and Professions Code § 22949.63(e)(2) Sell, deliver, or transfer an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part to an authorized representative of a city, city and county, county, or state government, or of the federal government, provided that the entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals.
(3)CA Business and Professions Code § 22949.63(e)(3) Transfer, relinquish, or dispose of a firearm or precursor part in compliance with the requirements of Section 29810 or Section 29830 of the Penal Code.
licensed firearms dealer assault weapon .50 BMG rifle firearm precursor part gunsmith repair transfer possession interstate transport National Firearms Act law enforcement voluntary program unserialized firearm government acquisition compliance requirements firearm disposal
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.64

Explanation

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.

(a)CA Business and Professions Code § 22949.64(a) Notwithstanding any other law, the requirements of this chapter shall be enforced exclusively through the private civil actions described in Section 22949.65. No enforcement of this chapter may be taken or threatened by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 22949.65.
(b)CA Business and Professions Code § 22949.64(b) The fact that conduct violates this chapter shall not be an independent basis for enforcement of any other law of this state, or the denial, revocation, suspension, or withholding of any right or privilege conferred by the law of this state or a political subdivision, or a threat to do the same, by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision, or a board, commission, or similar body assigned authority to do so under law, against any person, except as provided in Section 22949.65. Nor shall any civil action predicated upon a violation of this chapter be brought by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision. For avoidance of doubt, the rights and privileges described by this subdivision include, but are not limited to, any business licenses and permits issued pursuant to this code or any firearms, ammunition, or precursor parts dealer or vendor licenses issued pursuant to Title 4 (commencing with Section 23500) of Part 6 of the Penal Code. This subdivision shall not be construed to prevent or limit enforcement of any other law regulating conduct that also violates this chapter, including, but not limited to, Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(c)CA Business and Professions Code § 22949.64(c) Subdivisions (a) and (b) shall not be construed to do any of the following:
(1)CA Business and Professions Code § 22949.64(c)(1) Legalize the conduct prohibited by this chapter or by Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(2)CA Business and Professions Code § 22949.64(c)(2) Waive any requirements prescribed in Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.
(3)CA Business and Professions Code § 22949.64(c)(3) Limit or affect the availability of a remedy established by Section 22949.65.
(4)CA Business and Professions Code § 22949.64(c)(4) Limit the enforceability of any other laws that regulate or prohibit any conduct relating to firearms or firearm precursor parts.
private civil actions state enforcement political subdivision business licenses firearm licenses violation conduct rights and privileges penal code public officials separate legal basis enforcement limitation conduct regulation civil action restrictions remedy availability firearm laws
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.65

Explanation

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.

(a)CA Business and Professions Code § 22949.65(a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who does any of the following:
(1)CA Business and Professions Code § 22949.65(a)(1) Knowingly violates Section 22949.62.
(2)CA Business and Professions Code § 22949.65(a)(2) Knowingly engages in conduct that aids or abets a violation of Section 22949.62, regardless of whether the person knew or should have known that the person aided or abetted would be violating Section 22949.62.
(3)CA Business and Professions Code § 22949.65(a)(3) Knowingly commits an act with the intent to engage in the conduct described by paragraph (1) or (2).
(b)CA Business and Professions Code § 22949.65(b) If a claimant prevails in an action brought under this section, the court shall award all of the following:
(1)CA Business and Professions Code § 22949.65(b)(1) Injunctive relief sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter.
(2)Copy CA Business and Professions Code § 22949.65(b)(2)
(A)Copy CA Business and Professions Code § 22949.65(b)(2)(A) (i) Statutory damages in an amount of not less than ten thousand dollars ($10,000) for each weapon or firearm precursor part as to which the defendant violated Section 22949.62, and for each weapon or firearm precursor part as to which the defendant aided or abetted a violation of Section 22949.62.
(ii)CA Business and Professions Code § 22949.65(b)(2)(A)(ii) This subparagraph shall remain in effect unless found by a court to be invalid or unconstitutional, in which case this subparagraph is repealed and subparagraph (B) shall become operational.
(B)Copy CA Business and Professions Code § 22949.65(b)(2)(A)(B)
(i)Copy CA Business and Professions Code § 22949.65(b)(2)(A)(B)(i) A civil penalty in an appropriate amount to be determined by the court for each violation of this chapter. In making that determination, the court shall consider factors that include, but are not limited to, the number of firearms or precursor parts involved in the defendant’s violation of this chapter, the duration of the prohibited conduct, whether the defendant has previously violated this chapter or any other federal, state, or local law concerning the regulation of firearms, and any other factors tending to increase the risk to the public, such as proximity of the violations to sensitive places.
(ii)CA Business and Professions Code § 22949.65(b)(2)(A)(B)(i)(ii) This subparagraph shall become effective only if a court finds subparagraph (A) to be invalid or unconstitutional.
(3)CA Business and Professions Code § 22949.65(b)(3) Attorney’s fees and costs.
(c)CA Business and Professions Code § 22949.65(c) Notwithstanding subdivision (b), a court shall not award relief under this section in response to a violation of subdivision (a) if the defendant demonstrates that the defendant previously paid the full amount of any monetary award under subdivision (b) in a previous action for each weapon or firearm precursor part as to which the defendant violated, or aided or abetted a violation of, Section 22949.62.
(d)CA Business and Professions Code § 22949.65(d) Notwithstanding any other law, a cause of action under this section shall be extinguished unless the action is brought not later than four years after the cause of action accrues.
(e)CA Business and Professions Code § 22949.65(e) An act or omission in violation of Section 22949.62 shall be deemed an injury in fact to all residents of, and visitors to, this state, and any such person shall have standing to bring a civil action pursuant to this section.
(f)CA Business and Professions Code § 22949.65(f) Notwithstanding any other law, none of the following is a defense to an action brought under this section:
(1)CA Business and Professions Code § 22949.65(f)(1) A defendant’s ignorance or mistake of law.
(2)CA Business and Professions Code § 22949.65(f)(2) A defendant’s belief that the requirements of this chapter are unconstitutional or were unconstitutional.
(3)CA Business and Professions Code § 22949.65(f)(3) A defendant’s reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this chapter.
(4)CA Business and Professions Code § 22949.65(f)(4) A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought.
(5)CA Business and Professions Code § 22949.65(f)(5) Nonmutual issue preclusion or nonmutual claim preclusion.
(6)CA Business and Professions Code § 22949.65(f)(6) Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate a constitutional right of a third party.
(7)CA Business and Professions Code § 22949.65(f)(7) A defendant’s assertion that this chapter proscribes conduct that is separately prohibited by the Penal Code or any other law of this state, or that this chapter proscribes conduct beyond that which is already prohibited by the Penal Code or any other law of this state.
(8)CA Business and Professions Code § 22949.65(f)(8) Any claim that the firearm or firearm precursor part at issue was not misused, or was not intended to be misused, in a criminal or unlawful manner.
(g)Copy CA Business and Professions Code § 22949.65(g)
(1)Copy CA Business and Professions Code § 22949.65(g)(1) Both of the following are affirmative defenses to an action brought under this section:
(A)CA Business and Professions Code § 22949.65(g)(1)(A) A person sued under paragraph (2) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person aided or abetted was complying with this chapter.
(B)CA Business and Professions Code § 22949.65(g)(1)(B) A person sued under paragraph (3) of subdivision (a) reasonably believed, after conducting a reasonable investigation, that the person was complying with this chapter or was aiding or abetting another who was complying with this chapter.
(2)CA Business and Professions Code § 22949.65(g)(2) The defendant has the burden of proving an affirmative defense under this subdivision by a preponderance of the evidence.
(h)CA Business and Professions Code § 22949.65(h) This section shall not be construed to impose liability on any speech or conduct protected by the First Amendment to the United States Constitution, as made applicable to the states through the Fourteenth Amendment to the United States Constitution, or by Section 2 of Article I of the California Constitution.
(i)CA Business and Professions Code § 22949.65(i) Notwithstanding any other law, this state, a state official, or a district, county, or city attorney shall not intervene in an action brought under this section. However, this subdivision does not prohibit a person described by this subdivision from filing an amicus curiae brief in the action.
(j)CA Business and Professions Code § 22949.65(j) Notwithstanding any other law, a court shall not award attorney’s fees or costs to a defendant in an action brought under this section.
(k)CA Business and Professions Code § 22949.65(k) An action pursuant to this section shall not be brought against a federal government, state, political subdivision, or an employee of a federal government, state, or political subdivision on the basis of acts or omissions in the course of discharge of official duties.
civil action injunctive relief statutory damages firearm violations attorney’s fees ignorance defense affirmative defense First Amendment intervention prohibition preponderance of the evidence amicus curiae brief civil penalty action extinguishment reasonable investigation nonmutual preclusion
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.66

Explanation

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.

(a)CA Business and Professions Code § 22949.66(a) A defendant against whom an action is brought under Section 22949.65 does not have standing to assert the right of another individual to keep and bear arms under the Second Amendment to the United States Constitution as a defense to liability under that section unless either of the following is true:
(1)CA Business and Professions Code § 22949.66(a)(1) The United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of other individuals in state court as a matter of federal constitutional law.
(2)CA Business and Professions Code § 22949.66(a)(2) The defendant has standing to assert the rights of other individuals under the tests for third-party standing established by the United States Supreme Court.
(b)CA Business and Professions Code § 22949.66(b) A defendant in an action brought under Section 22949.65 may assert an affirmative defense to liability under this section if both of the following are true:
(1)CA Business and Professions Code § 22949.66(b)(1) The defendant has standing to assert the third-party right of an individual to keep and bear arms in accordance with subdivision (a).
(2)CA Business and Professions Code § 22949.66(b)(2) The defendant demonstrates that the relief sought by the claimant will violate a third-party’s rights under the Second Amendment to the United States Constitution right as defined by clearly established case law of the United States Supreme Court.
(c)CA Business and Professions Code § 22949.66(c) Nothing in this section shall in any way limit or preclude a defendant from asserting the defendant’s personal constitutional rights as a defense to liability under Section 22949.65, and a court shall not award relief under Section 22949.65 if the conduct for which the defendant has been sued was an exercise of a state or federal constitutional right that personally belongs to the defendant.
Second Amendment third-party rights affirmative defense standing United States Supreme Court federal constitutional law personal constitutional rights defense to liability right to bear arms relief sought by claimant clearly established case law third-party standing personal rights defense
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.67

Explanation
This section clarifies that the chapter does not allow lawsuits against individuals trying to obtain certain firearms illegally, nor does it cancel out any existing gun regulations. Additionally, it lets local governments enforce stricter regulations on specific firearms than the state's laws.
This chapter shall not be construed to do any of the following:
(a)CA Business and Professions Code § 22949.67(a) Authorize the initiation of a cause of action under this chapter against a person purchasing, obtaining, or attempting to purchase or obtain an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part from a person acting in violation of this chapter.
(b)CA Business and Professions Code § 22949.67(b) Wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits any conduct relating to firearms or firearm precursor parts, including, but not limited to, Chapters 1.5 and 2 (commencing with Sections 30400 and 30500, respectively) of Division 10 of Title 4 of Part 6 and Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.
(c)CA Business and Professions Code § 22949.67(c) Restrict a political subdivision from regulating or prohibiting conduct relating to assault weapons, .50 BMG rifles, unserialized firearms, or firearm precursor parts in a manner that is at least as stringent as the laws of this state.
assault weapons .50 BMG rifles unserialized firearms firearm precursor parts lawsuits local government regulations gun regulations firearm laws political subdivisions firearms conduct initiating a cause of action stricter regulations illegal firearm purchase violations stringent laws
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.68

Explanation

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.

(a)CA Business and Professions Code § 22949.68(a) Notwithstanding any other law, a civil action brought under Section 22949.65 shall be brought in any of the following:
(1)CA Business and Professions Code § 22949.68(a)(1) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred.
(2)CA Business and Professions Code § 22949.68(a)(2) The county of residence for any one of the natural person defendants at the time the cause of action accrued.
(3)CA Business and Professions Code § 22949.68(a)(3) The county of the principal office in this state of any one of the defendants that is not a natural person.
(4)CA Business and Professions Code § 22949.68(a)(4) The county of residence for the claimant if the claimant is a natural person residing in this state.
(b)CA Business and Professions Code § 22949.68(b) Notwithstanding any other law, if a civil action is brought under Section 22949.65 in one of the venues described by subdivision (a), the action shall not be transferred to a different venue without the written consent of all parties.
civil action venue natural person defendants claimant residence principal office county of residence events or omissions cause of action transfer of venue written consent
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.69

Explanation

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.

(a)CA Business and Professions Code § 22949.69(a) Notwithstanding any other law, this state has sovereign immunity, a political subdivision has governmental immunity, and each officer and employee of this state or a political subdivision has official immunity in any action, claim, or counterclaim or any type of legal or equitable action that challenges the validity of any provision or application of this chapter, on constitutional grounds or otherwise.
(b)CA Business and Professions Code § 22949.69(b) A provision of state law shall not be construed to waive or abrogate an immunity described by subdivision (a) unless it expressly waives immunity under this section.
sovereign immunity governmental immunity official immunity constitutional challenges legal action equitable action waive immunity abrogate immunity state officers political subdivision California state law immunity provisions legal protection
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.70

Explanation
This law section is about 'severability,' meaning that if any part of the law is found invalid or unconstitutional by a court, the rest of the law should remain in effect. The legislature clearly wants the valid parts of the law to stand even if other parts are struck down. If a court finds certain applications of this law unconstitutional or vague, those parts can be removed without affecting the entire law. A court cannot refuse to separate valid from invalid parts just because it might alter the statute. Declaring a law unconstitutional doesn't change its wording; it just stops its enforcement until another court decides otherwise.
(a)CA Business and Professions Code § 22949.70(a) It is the intent of the Legislature that every provision, section, subdivision, sentence, clause, phrase, and word in this chapter, and every application of the provisions in this chapter, are severable from each other.
(b)CA Business and Professions Code § 22949.70(b) If any application of any provision in this chapter to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, the remaining applications of that provision to all other persons and circumstances shall be severed and shall not be affected. All constitutionally valid applications of this chapter shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this chapter to impose an unconstitutional burden in a large or substantial fraction of relevant cases, the applications that do not present an unconstitutional burden shall be severed from the remaining applications and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an unconstitutional burden. If any court declares or finds a provision of this chapter facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and the California Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the Legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and the California Constitution.
(c)CA Business and Professions Code § 22949.70(c) The Legislature further declares that it would have enacted this chapter, and each provision, section, subdivision, sentence, clause, phrase, and word, and all constitutional applications of this chapter, irrespective of the fact that any provision, section, subdivision, sentence, clause, phrase, or word, or application of this chapter, were to be declared unconstitutional or to represent an unconstitutional burden.
(d)CA Business and Professions Code § 22949.70(d) If any provision of this chapter is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutional vagueness problems shall be severed and remain in force.
(e)CA Business and Professions Code § 22949.70(e) A court shall not decline to enforce the severability requirements of this section on the ground that severance would rewrite the statute or involve the court in legislative or lawmaking activity. A court that declines to enforce or enjoins a state official from enforcing a statutory provision of this chapter does not rewrite a statute, as the statute continues to contain the same words as before the court’s decision. Each of the following is true about a judicial injunction or declaration of unconstitutionality of a provision of this chapter:
(1)CA Business and Professions Code § 22949.70(e)(1) It is nothing more than an edict prohibiting enforcement that may subsequently be vacated by a later court if that court has a different understanding of the requirements of the California Constitution or the United States Constitution.
(2)CA Business and Professions Code § 22949.70(e)(2) It is not a formal amendment of the language in a statute.
(3)CA Business and Professions Code § 22949.70(e)(3) It no more rewrites a statute than a decision by the executive not to enforce a duly-enacted statute in a limited and defined set of circumstances.
severability unconstitutional burden vagueness court decision constitutional applications legal separation legislative intent judicial injunction enforcement prohibition constitutional enforcement statutory interpretation facial unconstitutionality application severance legislative priority constitutional validity
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)

Section § 22949.71

Explanation

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.

This chapter shall become inoperative upon invalidation of Subchapter H (commencing with Section 171.201) of Chapter 171 of the Texas Health and Safety Code in its entirety by a final decision of the United States Supreme Court or Texas Supreme Court, and is repealed on January 1 of the following year.
inoperative invalidation Texas Health and Safety Code Subchapter H Chapter 171 United States Supreme Court Texas Supreme Court final decision repeal January 1 following year
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 following the inoperative date. Note: Repeal affects Ch. 38, commencing with Section 22949.60.)