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Gibson bill targets ghost-gun industry, expands civil and criminal liability for facilitation
Summary
AB 1263 would broaden prohibitions and liability against companies and individuals who promote, sell or otherwise facilitate untraceable 'ghost guns' or the tools and instructions that enable their manufacture; the attorney general's office supported the bill, gun-rights groups opposed it as overbroad and a potential Commerce Clause problem.
Assemblymember Gibson presented AB 1263 as a comprehensive response to the evolving ghost-gun industry. The bill would expand civil and criminal accountability for persons or companies that knowingly or recklessly promote, facilitate or profit from illegal manufacturing of firearms, including tools, parts kits, files and instructions used to produce unserialized, untraceable weapons.
"Ghost guns are firearms. ... serial numbers don't exist; no background checks," Gibson said, adding that previous state reforms have reduced the problem but the industry has shifted toward parts, files and online code-sharing that enable unlicensed manufacture. He said the bill would require sellers of relevant products to verify purchasers' age and identity and would expand victims' civil remedies.
The attorney general's office testified in support and cited data showing a large increase in ghost guns recovered from crime from 2019 to 2021; DOJ representatives underscored the skip-the-background-check business model of some vendors.
Opposition came from gun-rights groups including the California Rifle and Pistol Association and the NRA. They warned the bill's definitions of accessory and facilitation are overbroad and could sweep common firearm parts and benign manufacturing tools into civil-liability exposure. An opponent also argued the measure could raise dormant Commerce Clause concerns by allowing California to sue out-of-state actors for lawful behavior outside the state.
Lawmakers asked questions about carve-outs for lawful home manufacture (California allows limited home manufacture with serial-number registration) and enforcement details; the hearing ended without a committee vote because a quorum was not present.
