California Code of Regulations › Title 11 - Law › Division 5 - Firearms Regulations › Chapter 11 - Firearm Precursor Parts › Article 1 - General › Section 4303 - Written Guidance and Pictorial Diagrams for the Identification of Firearm Precursor Parts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this
				  chapter, the following definitions apply:
(1)
				  "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, if required, has been imprinted
				  with a serial number by a federal licensee authorized to serialize firearms in
				  compliance with all applicable federal laws and regulations. (Pen. Code, §
											16519.) As of August 24, 2022, the
				  "regulations issued pursuant thereto" are sections
				  478.11 and
				  478.12 of Title 27 of the Code of
				  Federal Regulations (August 2022), hereby incorporated by reference.
(2) "Firearm precursor part" means any forging,
				  casting, printing, extrusion, machined body or similar article:
(A) 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
(B)
				  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.
"Firearm precursor part" does not include firearm parts that can
					 only be used on antique firearms, as defined in Penal Code section
					 16170, subdivision
					 (c).
(3) "Frame" means
				  the part of a handgun, or variants thereof, that provides housing or a structure for
				  the primary energized component designed to hold back the hammer, striker, bolt, or
				  similar component prior to initiation of the firing sequence (i.e., sear or
				  equivalent), even if pins or other attachments are required to connect such
				  component to the housing or structure.
For a split or multiple part frame design, "frame" instead means
					 the part of a handgun, or variants thereof, that has been designated as the frame by
					 the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives in subdivision
					 (f)(1) of section
					 478.12 of Title 27 of the Code of
					 Federal Regulations (August 2022), hereby incorporated by reference. One example
					 includes the Ruger Mark IV pistol, in which the frame is the upper part of the
					 weapon that provides housing for the bolt or breechblock.
(4) "Machining" means the process of cutting,
				  drilling, shaping, indexing, milling, or removing material from a forging, casting,
				  printing, extrusion, or similar article using a tool or equipment.
(5) "Readily" means a process, action, or physical
				  state that is fairly or reasonably efficient, quick, and easy, but not necessarily
				  the most efficient, speediest, or easiest process, action, or physical state. With
				  respect to the classification of firearm precursor parts, factors relevant in making
				  this determination include the following:
(A)
				  Time, i.e., how long it takes to finish the process;
(B) Ease, i.e., how difficult it is to do
				  so;
(C) Expertise, i.e., what knowledge
				  and skills are required;
(D) Equipment,
				  i.e., what tools are required;
(E) Parts
				  availability, i.e., whether additional parts are required, and how easily they can
				  be obtained;
(F) Expense, i.e., how much
				  it costs;
(G) Scope, i.e., the extent to
				  which the subject of the process must be changed to finish it; and
(H) Feasibility, i.e., whether the process would
				  damage or destroy the subject of the process, or cause it to malfunction.
In determining whether a forging, casting, printing, extrusion,
					 machined body, or similar article 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, the Department may consider any available instructions,
					 guides, templates, jigs, equipment, tools, or marketing
					 materials.
(6)
				  "Receiver" means the part of a rifle, shotgun, or projectile weapon other than a
				  handgun, or variants thereof, that provides housing or a structure for the primary
				  component designed to block or seal the breech prior to initiation of the firing
				  sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments
				  are required to connect such component to the housing or structure.
For a split or multiple part receiver design, "receiver" instead
					 means the part of a rifle, shotgun, or projectile weapon other than a handgun, or
					 variants thereof, that has been designated as the receiver by the federal Bureau of
					 Alcohol, Tobacco, Firearms, and Explosives in subdivision (f)(1) of section
					 478.12 of Title 27 of the Code of
					 Federal Regulations (August 2022), hereby incorporated by reference. Some examples
					 include the following:
(1) for AR-15/M16
				  variant firearms, the receiver is the lower part of the weapon that provides housing
				  for the trigger mechanism and hammer (i.e. lower receiver);
(2) for a Benelli 121 M1 Shotgun, the receiver is
				  the lower part of the weapon that provides housing for the trigger mechanism;
				  and
(3) for Vickers/Maxim, Browning 1919,
				  M2, and box-type machineguns and semiautomatic variants, the receiver is the side
				  plate of the weapon that is designed to hold the charging
				  handle.
(7) "Variant" and
				  "variants thereof" mean a weapon utilizing a similar frame or receiver design
				  irrespective of new or different model designations or configurations,
				  characteristics, features, components, accessories, or attachments. For example, an
				  AK-type firearm with a short stock and a pistol grip is a pistol variant of an
				  AK-type rifle, an AR-type firearm with a short stock and a pistol grip is a pistol
				  variant of an AR-type rifle, and a revolving cylinder shotgun is a shotgun variant
				  of a revolver.