Relating to identification markings on firearms and firearm parts, and providing penalties

This bill relates to identification markings on firearms and firearm parts. The bill requires the department of public safety (DPS), in consultation with the bureau of alcohol, tobacco, firearms, and explosives as necessary, by December 1, 2023, to develop and maintain a system to distribute a unique serial number or other mark of identification for a firearm or unfinished frame or lower receiver intended to be a part of a firearm to any person requesting such number or mark. The bill prohibits a person from removing, defacing, altering, or obliterating the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name. The bill prohibits a person from completing the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from DPS and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with federal requirements. The bill prohibits a person from transferring to another person a firearm manufactured in violation of the bill or facilitating, aiding, or abetting the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing. The prohibitions relating to the manufacture or transfer of firearms that do not have a proper identifying mark do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed; to the manufacture of firearms by a federally licensed firearms manufacturer; to any antique firearm or any firearm manufactured prior to the effective date of the bill, provided such firearm is otherwise lawfully possessed; or to the delivery or transfer of a firearm to a law enforcement agency. The bill prohibits a person from selling, delivering, or otherwise transferring an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the bill. Beginning December 1, 2023, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law. These provisions do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between a federally licensed firearms manufacturer and a federally licensed firearms dealer, a federally licensed firearms importer and a federally licensed firearms dealer, or multiple federally licensed firearms dealers. The bill prohibits a person from manufacturing any firearm from polymer plastic that, after removal of grips, stocks, and magazines, does not have a unique serial number or other mark of identification, and is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar. Generally, a person who violates a provision of the bill commits a class “C” felony. However, a person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of the bill knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony. Any firearm or unfinished frame or lower receiver possessed in violation of the bill shall be forfeited to DPS. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than years.