Berkeley Municipal Code Ch. 13.73 Banning Non-Serialized Precursor Parts and Non-Serialized Firearms

Purpose and Intent. It is the purpose and intent of this section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames and unfinished receivers, and non-serialized firearms within the City of Berkeley be prohibited for the protection, health, and welfare of the public, to further effective law enforcement, and to provide the City with reasonable measures to address the dangers to the community posed by non-serialized firearms, commonly known as "ghost guns." This section is intended to be applied and interpreted consistent with state and federal law. (Ord. 7789-NS § 2, 2021)

Except as where context otherwise requires, the following definitions apply in this chapter:

A. "Federal Firearms Importer" means a licensed firearm importer as defined in 18 U.S.C. § 921(a)(9) (2019), as may be amended.

B. "Federal Firearms Manufacturer" means a licensed firearm manufacturer as defined in 18 U.S.C. § 921(a)(10) (2019), as may be amended.

C. "Firearm" has the same meaning as in California Penal Code section 16520(a), as may be amended. As used in this section, firearm shall include a handgun, rifle, or shotgun.

D. "Frame" means the primary structural component of a firearm to which the fire control components are attached.

E. "Handgun" has the same meaning as in California Penal Code section 16640, as may be amended.

F. "Non-serialized firearm" means a firearm that is not either imprinted with a serial number issued to that firearm by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.

G. "Person" has the same meaning as in Berkeley Municipal Code section 1.04.010.

H. "Receiver" means the primary structural component of a firearm to which the fire control components are attached.

I. "Rifle" has the same meaning as in California Penal Code section 17090, as may be amended.

J. "Shotgun" has the same meaning as in California Penal Code section 17190, as may be amended.

K. "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body or similar article that: (1) has reached a stage in manufacture where it may readily be completed, assembled or converted to be a functional frame or receiver when combined with other parts; or (2) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once finished or complete. (Ord. 7789-NS § 2, 2021)

It is unlawful for any person to:

A. Possess, purchase, transport, or receive an unfinished frame or receiver, unless the unfinished frame or receiver is imprinted with a serial number issued to that unfinished frame or receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or receiver.

1. This subsection shall not apply to a Federal Firearms Importer or Federal Firearms Manufacturer, or a party who holds a current firearm precursor part vendor license issued pursuant to California Penal Code section 30485.

2. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.

3. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

B. Sell, offer to sell, transfer, or offer to transfer an unfinished frame or receiver, unless the unfinished frame or receiver is imprinted with a serial number issued to that unfinished frame or receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or receiver.

1. This subsection shall not apply where the party purchasing or receiving the unfinished frame or receiver is a Federal Firearms Importer or Federal Firearms Manufacturer, or holds a current firearm precursor part vendor license issued pursuant to California Penal Code section 30485.

2. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.

3. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

C. Possess, purchase, transport, or receive a non-serialized firearm.

1. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.

2. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

3. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:

(i) The non-serialized firearm has been rendered permanently inoperable.

(ii) The non-serialized firearm is an antique firearm as defined in California Penal Code section 16170, as may be amended.

(iii) The non-serialized firearm was manufactured or assembled prior to 1968.

(iv) The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including § 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including § 921(a) (2019), as may be amended, and 27 C. F. R. § 478.11 (2019), as may be amended.

(v) The non-serialized firearm has been entered into the centralized registry set forth in California Penal Code section 11106, as may be amended, prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification.

4. It shall be an affirmative defense to a violation of this subsection that the person is in compliance with California Penal Code section 29180, as may be amended. (Ord. 7789-NS § 2, 2021)

A. Upon enactment of this ordinance, the City shall promptly take reasonable efforts to inform all residents of its terms. The information shall include notice that all residents who possess any unfinished frame or receiver or any assembled or manufactured firearm that lacks a serial number required under subsections A, B, or C, of section 13.73.030 will not be penalized under this section if they surrender the non-complying unfinished frame or receiver or assembled firearm to a law enforcement agent or agency.

B. A violation of subsection B of section 13.73.030, or a violation stemming from the same transaction, is punishable as a Class 1 Misdemeanor.

C. Every violation of subsections A, or C of section 13.73.030 shall constitute a misdemeanor and upon conviction shall be punishable as set forth in Chapter 1.20 of this code. The first violation will not be penalized if the violator possesses, transports or receives three (3) or fewer firearms or unfinished frames or receivers, surrenders those firearms or unfinished frames or receivers to law enforcement, and does not commit additional violations of this chapter in the year following the violation. (Ord. 7789-NS § 2, 2021)