§ 3273.51
911 words·~4 min read·
/ca/civil-code/3273-51A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section.
(b)A firearm industry member shall do both of the following:
(1)Establish, implement, and enforce reasonable controls.
(2)Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls.
(c)A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply:
(1)A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(2)There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(A)The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
(B)The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products.
(C)The firearm-related product is designed, sold, or marketed in a manner that is targeted at individuals who are legally prohibited from accessing firearms.
(d)A firearm industry member shall not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of the following sections:
(1)Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or
(9)of subdivision
(a)of Section 1770.
(2)Section 17200 of the Business and Professions Code.
(3)Section 17500 of the Business and Professions Code.
(4)Section 17508 of the Business and Professions Code.
(1)Prior to completing the sale or delivery in California or to a California resident of a firearm accessory or a firearm manufacturing machine, as those terms are defined in Section 3273.50, or of a firearm barrel unattached to a firearm, a firearm industry member shall comply with all of the following requirements:
(A)The firearm industry member shall provide a prospective purchaser with a clear and conspicuous notice of the information provided in paragraph (2).
(B)The firearm industry member shall receive an acknowledgment from the prospective purchaser attesting that the prospective purchaser received and understands the notice provided in paragraph (2).
(C)The firearm industry member shall require the prospective purchaser to provide proof of age and identity verifying that the prospective purchaser is at least 18 years of age.
(2)The notice described in paragraph
(1)shall clearly notify the prospective purchaser that it is generally a crime in California to engage in any of the following conduct without a valid license to manufacture firearms:
(A)Manufacturing more than three firearms per calendar year in California.
(B)Manufacturing a firearm using a three-dimensional printer or CNC milling machine.
(C)Manufacturing a firearm for the purpose of selling or transferring ownership of that firearm to another individual who is not licensed to manufacture firearms.
(D)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.
(E)Allowing, facilitating, aiding, or abetting the manufacture of a firearm by a person who is legally prohibited from possessing firearms.
(F)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.
(3)For shipment and delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine, the firearm industry member shall do all of the following:
(A)Ensure all packages are conspicuously labeled with the words: “Signature and proof of identification of person aged 18 years or older required for delivery.”
(B)Ensure the shipping instructions list an address that matches the purchaser’s identification.
(C)Require the purchaser, upon delivery, to present a courier with proof of identification and the purchaser’s signature in order to receive the item.
(4)This subdivision does not apply to the sale or delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to any of the following:
(A)A federally licensed firearms dealer, manufacturer, or importer.
(B)A licensed ammunition vendor.
(C)A 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 law enforcement officer while on duty and acting within the scope and course of employment.
(D)A forensic laboratory.
(E)A wholesaler.
(5)This subdivision does not apply to the delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to a licensed common carrier or an authorized agent or employee of a licensed common carrier, when acting in the course and scope of duties incident to the delivery of or receipt of these items.