Constitutional Analysis: Likely Unconstitutional

Assembly Bill No. 1263 CHAPTER 636 An act to amend Sections 3273.50, 3273.51, 3273.60, and 3273.61 of, and to add Section 3273.625 to, the Civil Code, and to amend Section 29805 of, and to add Section 29186 to, the Penal Code, relating to firearms. [ Approved by Governor October 11, 2025. Filed with Secretary of State October 11, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1263, Gipson. Firearms: ghost guns. Existing law makes it a crime for a person to manufacture or cause to be manufactured specified firearms. Existing law prohibits a person, other than a state-licensed firearms manufacturer, from using a computer numerical control (CNC) milling machine or three-dimensional printer to manufacture a firearm. This bill would prohibit a person from knowingly or willfully causing another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a three-dimensional printer or CNC milling machine, as specified. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would create a state-mandated local program. Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. For these purposes, existing law defines “digital firearm manufacturing code” to mean any digital instructions in the form of computer-aided design files or other code or instructions 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. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief. This bill would include computer-aided manufacturing files as a digital instruction and include the manufacture or production of a machinegun and specified firearm components, including large-capacity magazines, as part of the definition of digital firearm manufacturing code. The bill would also authorize a person who has suffered harm in California as a result of a violation of these provisions to seek compensatory damages and injunctive relief. The bill would create a rebuttable presumption that a person violated the provision of unlawfully distributing or causing to be distributed any digital firearm manufacturing code if the person owns or participates in the management of an internet website that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals, and the internet website, under the totality of the circumstances, encourages individuals to upload, disseminate, or use digital firearm manufacturing code to manufacture firearms, as specified. Existing law establishes a firearm industry standard of conduct, which requires a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, and to take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. For these purposes, existing law defines firearm accessory and firearm manufacturing machine. This bill would require, prior to completing the sale or delivery in California or to a California resident of a firearm barrel that is unattached to a firearm, firearm accessory, or a firearm manufacturing machine, a firearm industry member to comply with specified requirements, including providing a prospective purchaser with clear and conspicuous notice that specified conduct is generally a crime in California, including manufacturing firearms to be sold or transferred to an individual without a license to manufacture firearms. Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control any firearm and makes a violation of that prohibition a crime. This bill would also prohibit any person convicted of specified misdemeanor violations, including manufacturing an undetectable firearm or knowingly or willfully causing another person to engage in the unlawful manufacture of firearms, on or after January 1, 2026, from owning, purchasing, or receiving any firearm within 10 years of the conviction, and makes a violation of that prohibition a public offense punishable by imprisonment in a county jail, a fine, or by both the fine and imprisonment. Because this bill would expand the application of a crime to a larger class of potential offenders, this bill would impose a state-mandated local program. This bill would make these provisions severable. This bill would incorporate additional changes to Section 3273.50 of the Civil Code proposed by AB 1127 to be operative only if this bill and AB 1127 are enacted and this bill is enacted last. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 3273.50 of the Civil Code is amended to read: 3273.50. As used in this title, the following definitions apply: (a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to increase a firearm’s rate of fire or to increase the speed at which a person may reload a firearm or replace the magazine, or any other attachment or device described in subdivision (a) of Section 30515 of the Penal Code that may render a firearm an assault weapon when inserted into, affixed onto, or used in conjunction with a firearm. The term firearm accessory also includes any other device, tool, kit, part, or parts set that is clearly designed and intended for use in manufacturing firearms. (d) “Firearm-related product” means a firearm, ammunition, a firearm precursor part, a firearm component, firearm manufacturing machine, and a firearm accessory that meets any of the following conditions: (1) The item is sold, made, or distributed in California. (2) The item is intended to be sold or distributed in California. (3) The item is or was possessed in California and it was reasonably foreseeable that the item would be possessed in California. (e) “Firearm precursor part” has the same meaning as provided in Section 16531 of the Penal Code. (f) “Firearm industry member” shall mean a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale sale, or retail sale of firearm-related products. (g) “Firearm manufacturing machine” means a three-dimensional printer, as defined in Section 29185 of the Penal Code, a computer numerical control (CNC) milling machine, or a similar machine, that is marketed or sold as or is reasonably designed or intended to be used to manufacture or produce firearms, firearm components, or firearm accessories. (h) “Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following: (1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully. (2) Prevent the loss or theft of a firearm-related product from the firearm industry member. (3) Ensure that the firearm industry member complies with all provisions of California and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. SEC. 1.5. Section 3273.50 of the Civil Code is amended to read: 3273.50. As used in this title, the following definitions apply: (a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to increase a firearm’s rate of fire or to increase the speed at which a person may reload a firearm or replace the magazine, or any other attachment or device described in subdivision (a) of Section 30515 of the Penal Code that may render a firearm an assault weapon when inserted into, affixed onto, or used in conjunction with a firearm. The term firearm accessory also includes any other device, tool, kit, part, or parts set that is clearly designed and intended for use in manufacturing firearms. (d) “Firearm-related product” means a