Mike Gipson
- Democratic
- Assemblymember
- District 65
Author
(1) Existing law requires any person who manufactures more than 3 firearms in a year to be licensed by the state as a firearms manufacturer. Existing law prohibits any person from using a three-dimensional printer to manufacture a firearm unless that person is a state-licensed firearms manufacturer. Existing law prohibits any person from using a computer numerical control (CNC) milling machine to manufacture a firearm unless the person is a federally licensed manufacturer or importer. This bill would instead require anybody who uses a three-dimensional printer or CNC milling machine to manufacture a firearm to be a state-licensed manufacturer. (2) Existing law prohibits the sale, purchase, possession, or receipt of a CNC milling machine that has the sole or primary function of manufacturing firearms to or by anybody in the state other than a federally licensed manufacturer or importer. This bill would also prohibit the sale, purchase, possession, or receipt of a three-dimensional printer that has the sole or primary function of manufacturing firearms to or by any person in the state other than a state-licensed firearms manufacturer, as specified. (3) Existing law commencing on July 1, 2023, requires a firearm industry member, as defined, to take reasonable precautions to ensure that they do not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer who fails to establish reasonable controls or adhere to laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising, and prohibits a firearm industry member from manufacturing, marketing, importing, or offering for sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety, and also authorizes a person who has suffered harm, or the Attorney General, or city or county attorneys, to bring a civil action against a firearm industry member for an act or omission in violation of these requirements This bill would add three-dimensional printers and CNC milling machines, as specified, to the definition of firearm-related products. (4) The bill would additionally provide that a civil action may be brought against a person who distributes any code or digital instructions to a specified person for the manufacture of a firearm using a three-dimensional printer or CNC milling machine, or who violates specified provisions relating to the use, sale, marketing, advertising, transfer, possession, purchase, or receipt of a CNC milling machine or three-dimensional printer. The bill would specify that a person is strictly liable for any personal injury or property damage, as specified, caused by any firearm manufactured using the distributed code or manufactured by a CNC milling machine, three-dimensional printer, or similar machine. The bill would authorize the Attorney General, a county counsel, or a city attorney to bring an action seeking a civil penalty not to exceed $25,000 for each violation as well as injunctive relief. (5) The bill would declare its provisions to be severable. (6) By expanding existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State - Chapter 243, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Assembly Rule 77 suspended. (Page 3011.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 9. Page 3072.).
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 6. Page 2434.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 11). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 27). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 8. Page 1895.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 2.) (May 18).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 18).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (March 28).
In committee: Hearing postponed by committee.
From printer. May be heard in committee March 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1089 | HTML |
| 02/15/23 - Introduced | |
| 03/29/23 - Amended Assembly | |
| 04/19/23 - Amended Assembly | |
| 07/03/23 - Amended Senate | |
| 09/01/23 - Amended Senate | |
| 09/11/23 - Enrolled | |
| 09/26/23 - Chaptered |
| Document | Format |
|---|---|
| 03/27/23- Assembly Public Safety | |
| 03/28/23- Assembly Public Safety | |
| 04/15/23- Assembly Judiciary | |
| 05/08/23- Assembly Appropriations | |
| 05/19/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/24/23- Senate Public Safety | |
| 07/07/23- Senate Judiciary | |
| 08/11/23- Senate Appropriations | PDF PDF |
| 09/01/23- Senate Appropriations | |
| 09/02/23- Sen. Floor Analyses | |
| 09/06/23- ASSEMBLY FLOOR ANALYSIS |
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