Firearm Manufacturing - Obligations Arising From Particular Transactions - Civil Law - CA

Section § 3273.60

This law defines several terms related to firearms and digital manufacturing. It explains what a 'digital firearm manufacturing code' is, which refers to computer files or code for machines like 3D printers and CNC milling machines used to create firearms. The law also defines 'federally licensed firearms manufacturer' as a person or entity with a valid federal license to manufacture firearms. 'Firearm' is defined according to another law section, and a 'three-dimensional printer' is described as a device that creates 3D objects from digital models using layered materials.

As used in this title, the following definitions apply:

(a) “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine, to manufacture or produce a firearm, including a completed frame or receiver or a firearm precursor part.

(b) “Federally licensed firearms manufacturer” means a person, firm, corporation, or other entity that holds a valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code and regulations issued pursuant thereto.

(d) “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.

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Section § 3273.61

This law allows individuals to file a lawsuit against anyone who knowingly shares digital firearm manufacturing codes, like those used to 3D print guns, to people who aren’t licensed manufacturers, law enforcement, or military personnel on duty. If someone distributes these codes or uses illegal methods outlined in Section 29185 of the Penal Code, they are fully responsible for any harm caused by guns made from those codes. However, this liability doesn't apply to injuries of the person who breaks this law. The Attorney General or other local officials can take legal action seeking up to $25,000 in fines and stop the violator from continuing their actions. If someone wins a lawsuit under this law, they can get their legal costs covered. The law doesn’t limit other legal options that might be available.

(a) A civil action may be brought against a person who knowingly does either of the following:

(1) 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.

(2) Commits an act that violates Section 29185 of the Penal Code, regardless of whether the act results in a conviction.

(b)

(1) A person who commits an act described in subdivision (a) shall be strictly liable for any personal injury or property damage inflicted by the use of a firearm that is manufactured or produced using the digital firearm manufacturing code that they distributed or caused to be distributed, or that is manufactured by means of a computer numerical control (CNC) milling machine, a three-dimensional printer, or a similar machine.

(2) This subdivision does not apply to any injury or property damage sustained by a person who commits an unlawful act described in subdivision (a).

(c) The Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.

(d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs.

(e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law.

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Section § 3273.62

This law makes it illegal to sell or promote CNC milling machines or 3D printers in a way that encourages illegal firearm production. It presumes you are breaking the law if you market these tools for making guns and don't verify that the buyer is legally allowed to use them for this purpose. If someone gets harmed due to these illegal actions, they can sue for damages or other legal remedies. The Attorney General or local officials can also file lawsuits to stop the illegal activity and fine violators up to $25,000 per incident.

(a) A person shall not sell, offer to sell, transfer, advertise, or market a CNC milling machine or three-dimensional printer in a manner that knowingly or recklessly causes another person in this state to engage in conduct prohibited by Section 29185 of the Penal Code, or in a manner that otherwise knowingly or recklessly aids, abets, promotes, or facilitates conduct prohibited by that section.

(b) There shall be a rebuttable presumption that a person is engaged in conduct in violation of subdivision (a) if both of the following are true:

(1) The person offers to sell, advertises, or markets a CNC milling machine or three-dimensional printer in a manner that, under the totality of the circumstances, is targeted at purchasers seeking to manufacture firearms or that otherwise affirmatively promotes the machine or printer’s utility in manufacturing firearms, regardless of whether the machine or printer is otherwise described or classified as having any other capabilities.

(2) The person sells or transfers the CNC milling machine or three-dimensional printer described in paragraph (1) without verifying that a purchaser or transferee in this state is a federally licensed firearms manufacturer or not otherwise prohibited from purchasing or using the machine or printer to manufacture firearms under Section 29185 of the Penal Code.

(c) A person who has suffered harm because of conduct in violation of this section, including conduct in violation of Section 29185 of the Penal Code that was precipitated by a violation of this section, may bring an action in a court of competent jurisdiction to seek appropriate relief, which may include injunctive relief sufficient to prevent the person and any other defendant from further violating the law, compensatory or statutory damages, punitive damages, reasonable attorney’s fees and costs, and any other appropriate relief necessary to enforce this title and remedy the harm caused by the violation.

(d) In the name of the people of the State of California, the Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section, or Section 29185 of the Penal Code, and seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.

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