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California AB-1263

Updated

California AB-1263 Marketplace Compliance Terms

Effective Date: January 1, 2026

These California AB-1263 Marketplace Compliance Terms (“AB-1263 Terms”) apply to transactions facilitated through the Platform that involve shipment or delivery in California or to a California resident of certain regulated items (“Covered Items”).

These AB-1263 Terms supplement, but do not replace, the Platform’s general Terms of Service. In the event of a conflict, these AB-1263 Terms govern solely with respect to California transactions involving Covered Items.

  1. Platform Role; No Seller, No Agent, No Intermediary

The GunBroker.com marketplace platform (“Platform”) is a technology marketplace only.

  • All products are listed, sold, priced, shipped, and delivered exclusively by independent third-party sellers.
  • Buyers purchase products directly from sellers, not from the Platform.
  • The Platform does not manufacture, distribute, offer for sale, sell, ship, deliver, or take title to any products.
  • Typically, the payment remitted at checkout is directed to the Seller.  Any payments passed on by the seller to the Platform constitute final value and platform service fees and are not payment for goods.
  • At this time, the Platform is not a merchant of record, not a payment agent for goods, not an escrow service, and not a fiduciary.

Nothing in these Terms creates an agency, partnership, joint venture, or seller-of-record relationship between the Platform and any buyer or seller.

  1. Covered Items Under AB-1263

Certain items are regulated under California Assembly Bill 1263 (“AB-1263”), including items that may be classified under California law as “firearm accessories.” Regulated items may also include certain tools, parts, kits, parts sets, or digital files designed or intended for use in the manufacture, modification, or assembly of firearms or firearm accessories, as well as other items regulated by law.

The Platform does not conclusively determine or certify whether any item is a Covered Item. Buyers and sellers are solely responsible for determining whether an item is regulated and whether a transaction is lawful.  We will try to identify Covered Items for buyers and sellers, but ultimate responsibility for determining whether an item is a Covered Item under AB-1263 lies with the seller.

  1. Statutory Purchaser Notice and Acknowledgment

For Covered Items delivered to California or to a California resident, California law requires that purchasers receive specific statutory notices and provide an acknowledgment prior to completion of the transaction.

To facilitate compliance:

  • The Platform requires purchasers to review and affirmatively accept a mandatory AB-1263 disclosure and acknowledgment during checkout.
  • That disclosure includes, among other things, statements regarding eligibility, age requirements, prohibited conduct related to firearm manufacturing, and responsibility for lawful use.

  • The disclosure and acknowledgment are provided on behalf of the seller, and the purchaser’s acceptance constitutes the purchaser’s acknowledgment to the seller, not to the Platform.

     

  1. No Reliance; No Legal Advice

The Platform does not provide legal advice and makes no representations or warranties regarding:

  • whether any item is lawful for a purchaser’s intended use or configuration;
  • whether a purchaser is legally eligible to purchase or possess any item; or
  • whether any transaction complies with applicable law.

Purchasers acknowledge that they do not rely on the Platform for legal determinations or compliance guidance, and that all representations made during checkout are made by the purchaser, not by the Platform.

  1. Age, Identity, and Delivery Controls; No Assumed Duty

AB-1263 imposes age, identity, and delivery requirements for certain Covered Items.

To reduce transactional risk and facilitate compliance:

  • The Platform may require age or identity verification;
  • The Platform may restrict delivery methods, carriers, or signature options; and
  • Sellers remain solely responsible for lawful shipment, labeling, address matching, and delivery.

Any controls implemented by the Platform are administrative and discretionary only and do not create or assume a legal duty owed by the Platform to any buyer, seller, or third party.

  1. Seller Responsibilities

Sellers are solely and exclusively responsible for:

  • determining whether their listings involve Covered Items under AB-1263;
  • ensuring listings, marketing, pricing, and fulfillment comply with applicable law;
  • ensuring required disclosures and acknowledgments are provided to purchasers;
  • complying with all age, identity, delivery, and record-keeping requirements; and
  • paying platform service fees as agreed.

The Platform will attempt to categorize Covered Items and will implement changes to the purchase process to facilitate compliance, but the seller retains legal responsibility for all items they sell.  The Platform does not review, approve, or monitor listings for legal compliance.

  1. Buyer Responsibilities

Buyers are solely responsible for ensuring that any item they purchase is lawful for them to purchase, possess, receive, install, use, or combine with a firearm under all applicable laws and intended configurations.

Buyers acknowledge that misuse or unlawful use of regulated items may result in civil or criminal liability, and that responsibility for compliance rests entirely with the buyer.

  1.  Platform Enforcement Rights; No Duty to Police

The Platform reserves the right, in its sole discretion, to restrict listings, delay or cancel transactions, require additional verification, or take enforcement action under Platform policies.

Such actions are discretionary and do not create a duty to monitor, police, or control user conduct, nor do they constitute knowledge or endorsement of any transaction.

  1.  No Warranties

The Platform provides its services and compliance tools “as is” and “as available.”
The Platform expressly disclaims all warranties, express or implied, including warranties of legality, compliance, or fitness for a particular purpose.

  1. Indemnification

To the maximum extent permitted by law, buyers and sellers agree to indemnify and hold harmless the Platform and its affiliates from claims arising out of or related to unlawful listings, purchases, shipment, possession, manufacture, modification, or use of Covered Items.

  1.  Updates

These AB-1263 Terms may be updated to reflect changes in law or enforcement posture. Continued use of the Platform constitutes acceptance of the updated terms.