August 1, 2022 – Several states have recently enacted additional gun control laws as the focus on gun control moves out of Washington, DC and into statehouses around the country. In the wake of new gun control measures passed in New York, New Jersey, and Delaware (read more about these laws here), California has finalized its version of a law that will allow private citizens to seek “bounties” from firearms manufacturers.
Last week, Governor Gavin Newsom of California signed into law Senate Bill 1327, a gun control law that is modeled after a recent Texas anti-abortion law. California’s law creates a private right of action that allows individuals to sue firearms manufacturers and distributors for the sale of “assault weapons” and “firearm precursor parts” (ghost guns) banned by California state law. A “firearm precursor part” is defined as a frame or receiver that it not yet considered to be a “firearm” for purposes of the federal Gun Control Act and does not bear a serial number added by a federal firearms licensee. The Texas law, which deputized private citizens to sue abortion providers, was intended to skirt potential constitutional challenges because it was private citizens bringing legal action, not the state. While the Supreme Court allowed the Texas law to remain in effect pending challenges to its constitutionality, the fate of California’s law is far from certain.
Unlike recent laws enacted by New York and New Jersey, SB1327 should not have a significant effect on the firearms industry. This is because it applies only to the sale and shipment of “assault weapons” and “ghost guns,” which are already illegal in California. Any company who unlawfully ships an “assault weapon” or “ghost gun” to California, however, now faces the potential of a civil lawsuit brought by a private individual, who can recover a minimum penalty of 10,000 for each “assault weapon” or “ghost gun” distributed in the state.
In addition, SB1327 increases the age to legally purchase a firearm in California to twenty-one. Persons who are between the ages of eighteen and twenty can purchase a firearm, other than a handgun or semiautomatic centerfire rifle, only if they have a valid hunting license. Persons who are between the ages of eighteen and twenty and have been honorably discharged from the military can purchase a firearm, other than a “handgun, semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part,” without the need for a hunting license. In addition, persons who are between the ages of eighteen and twenty can purchase a semiautomatic centerfire rifle, completed frame or receiver, or firearm precursor part, if they are law enforcement officers, or are currently in the military.
Renzulli Law Firm, LLP will continue to monitor significant firearms legislation at the federal and state level. If you have any questions concerning firearm related legislation, please contact John F. Renzulli or Christopher Renzulli.
