Vallejo Municipal Code Ch. 7 89A - Prohibition of Possession or Sale of Non-Serialized, Unfinished…

It is the purpose and intent of this chapter to prohibit the possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames and unfinished receivers and non-serialized firearms within the city of Vallejo for the protection, health, and welfare of the public, to promote 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 chapter is intended to be applied and interpreted consistent with state and federal law.

(Ord. No. 1860 N.C (2d), § 1, 1-25-2022)

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

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

"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.

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

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

"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.

"Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

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

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

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

"Unfinished frame" means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means.

"Unfinished receiver" means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.

(Ord. No. 1860 N.C (2d), § 1, 1-25-2022)

It is unlawful for any person to:

(1) Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished 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 unfinished receiver.

(A) This subsection shall not apply to a federal firearms importer or federal firearms manufacturer.

(B) 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 and in accordance with California Penal Code section 29180, subdivision (d).

(C) 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.

(2) Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished 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 unfinished receiver.

(3) Possess, purchase, transport, or receive a non-serialized firearm.

(A) 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 and in accordance with California Penal Code section 29180, subdivision (d).

(B) 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) 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.

(D) 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.

(4) Sell, offer to sell, transfer, or offer to transfer a non-serialized firearm. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:

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

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

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

(D) 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.

(Ord. No. 1860 N.C (2d), § 1, 1-25-2022)

Violations of any of the provisions of this chapter shall constitute a misdemeanor.

(Ord. No. 1860 N.C (2d), § 1, 1-25-2022)