California Civil Code 3273.62 – (a) A person shall not sell, offer to sell, transfer, advertise, …
(a) A person shall not sell, offer to sell, transfer, advertise, or market a CNC milling machine or three-dimensional printer in a manner that knowingly or recklessly causes another person in this state to engage in conduct prohibited by § 29185 of the Penal Code, or in a manner that otherwise knowingly or recklessly aids, abets, promotes, or facilitates conduct prohibited by that section.
(b) There shall be a rebuttable presumption that a person is engaged in conduct in violation of subdivision (a) if both of the following are true:
Terms Used In California Civil Code 3273.62
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Federally licensed firearms manufacturer: means a person, firm, corporation, or other entity that holds a valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code and regulations issued pursuant thereto. See California Civil Code 3273.60
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Three-dimensional printer: means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object. See California Civil Code 3273.60
(1) The person offers to sell, advertises, or markets a CNC milling machine or three-dimensional printer in a manner that, under the totality of the circumstances, is targeted at purchasers seeking to manufacture firearms or that otherwise affirmatively promotes the machine or printer’s utility in manufacturing firearms, regardless of whether the machine or printer is otherwise described or classified as having any other capabilities.
(2) The person sells or transfers the CNC milling machine or three-dimensional printer described in paragraph (1) without verifying that a purchaser or transferee in this state is a federally licensed firearms manufacturer or not otherwise prohibited from purchasing or using the machine or printer to manufacture firearms under § 29185 of the Penal Code.
(c) A person who has suffered harm because of conduct in violation of this section, including conduct in violation of § 29185 of the Penal Code that was precipitated by a violation of this section, may bring an action in a court of competent jurisdiction to seek appropriate relief, which may include injunctive relief sufficient to prevent the person and any other defendant from further violating the law, compensatory or statutory damages, punitive damages, reasonable attorney’s fees and costs, and any other appropriate relief necessary to enforce this title and remedy the harm caused by the violation.
(d) In the name of the people of the State of California, the Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section, or § 29185 of the Penal Code, and seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(Added by Stats. 2023, Ch. 243, Sec. 2. (AB 1089) Effective January 1, 2024.)