§ 3273.61
575 words·~3 min read·
/ca/civil-code/3273-61A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(1)In awarding compensatory damages under subdivision (c), a court shall hold a person who commits an act described in subdivision
(a)strictly liable for any personal injury or property damage inflicted by the use of a firearm or other device that was unlawfully manufactured or produced as a result of the person’s violation, including a firearm or device manufactured or produced in whole or in part using the digital firearm manufacturing code that the person distributed or caused to be distributed in violation of paragraph
(1)of subdivision (a), or a firearm or device that was unlawfully manufactured by means of a computer numerical control
(CNC)milling machine, a three-dimensional printer, or a similar machine as a result of the person’s act in violation of paragraph
(2)of subdivision (a).
(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).
(1)A person who has suffered harm in California as a result of a violation of this section may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek compensatory damages as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(2)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.
(f)There shall be a rebuttable presumption that a person has violated paragraph
(1)of subdivision
(a)of this section if both of the following are true:
(1)The person owns or participates in the management of an internet website or other electronic portal, database, or platform that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals in California who are not federally licensed firearms manufacturers and who are not otherwise described in paragraph
(1)of subdivision (a).
(2)Under the totality of the circumstances, the internet website or other electronic portal, database, or platform encourages individuals who access or use the internet website or electronic portal, database, or platform to upload or disseminate digital firearm manufacturing code or to use digital firearm manufacturing code to manufacture firearms, firearm accessories, or other devices described in subdivision
(a)of Section 3273.60.