BILL NUMBER: SB 567 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Jackson
(Coauthors: Senators Hancock and Steinberg)
FEBRUARY 22, 2013
An act to amend Section Sections
17190 and 30900 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 567, as amended, Jackson. Firearms: shotguns.
Existing
(1) Existing law, for purposes of
specified provisions, defines a shotgun as a weapon
designed or redesigned, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire through
a smooth bore either a number of projectiles (ball shot)
or a single projectile for each pull of the trigger.
This bill would revise the definition of a shotgun to delete the
requirement that it be intended to be fired from the shoulder, and
would clarify that the projectile may be fired through either a
rifled bore or a smooth bore. This bill would also delete an
erroneous cross-reference.
(2) Existing law requires that, with specified exceptions, any
person who, prior to January 1, 2001, lawfully possessed an assault
weapon prior to the date it was defined as an assault weapon, and
which was not specified as an assault weapon at the time of lawful
possession, register the firearm with the Department of Justice.
Existing law defines a shotgun with a revolving cylinder as an
assault weapon. Existing law permits the Department of Justice to
charge a fee for registration of up to $20 per person but not to
exceed the actual processing costs of the department. Existing law,
after the department establishes fees sufficient to reimburse the
department for processing costs, requires fees charged to increase at
a rate not to exceed the legislatively approved annual
cost-of-living adjustment for the department's budget or as otherwise
increased through the Budget Act. Existing law, the Administrative
Procedure Act, establishes the requirements for the adoption,
publication, review, and implementation of regulations by state
agencies.
This bill would require any person who, from January 1, 2001, to
December 31, 2013, inclusive, lawfully acquired a shotgun with a
revolving cylinder, as defined, including those firearms subject to
the revised definition of "shotgun," to register the firearm before
July 1, 2014, with the department pursuant to those procedures that
the department may establish. The bill would require registrations to
be submitted electronically via the Internet, as specified. The bill
would require the registration to contain specified information,
including, but not limited to, a description of the firearm that
identifies it uniquely and specified information about the
registrant. The bill would authorize the department to adopt
regulations for the purpose of carrying out those provisions and
would exempt those regulations from the Administrative Procedure Act.
The bill would authorize the department to charge a fee for
registration of each assault weapon of up to $20 per firearm but not
to exceed the reasonable processing costs of the department, as
specified. The bill would require payment be made by debit or credit
card, as specified. The bill would also make technical and conforming
changes.
By changing the definition of an existing crime, this bill imposes
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17190 of the Penal Code is amended to read:
17190. As used in Sections 16530, 16640, 16870, and 17180,
Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and
Article 1 (commencing with Section 33210) of Chapter 8 of Division
10 of Title 4, "shotgun" means a weapon designed or redesigned, made
or remade, and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore or rifled bore either a number of projectiles (ball shot)
or a single projectile for each pull of the trigger.
SEC. 2. Section 30900 of the Penal Code
is amended to read:
30900. (a) (1) Any person who, prior to
June 1, 1989, lawfully possessed an assault weapon, as defined in
former Section 12276, as added by Section 3 of Chapter 19 of the
Statutes of 1989, shall register the firearm by January 1, 1991, and
any person who lawfully possessed an assault weapon prior to the date
it was specified as an assault weapon pursuant to former Section
12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or
Section 3 of Chapter 954 of the Statutes of 1991, shall register the
firearm within 90 days with the Department of Justice pursuant to
those procedures that the department may establish.
(b)
(2) Except as provided in Section 30600, any person who
lawfully possessed an assault weapon prior to the date it was
defined as an assault weapon pursuant to former Section 12276.1, as
it read in Section 7 of Chapter 129 of the Statutes of 1999, and
which was not specified as an assault weapon under former Section
12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or
as amended at any time before January 1, 2001, or former Section
12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989
or as amended at any time before January 1, 2001, shall register the
firearm by January 1, 2001, with the department pursuant to those
procedures that the department may establish.
(c)
(3) The registration shall contain a description of the
firearm that identifies it uniquely, including all identification
marks, the full name, address, date of birth, and thumbprint of the
owner, and any other information that the department may deem
appropriate.
(d) The department may charge a fee for registration of up to
twenty dollars ($20) per person but not to exceed the actual
processing costs of the department. After the department establishes
fees sufficient to reimburse the department for processing costs,
fees charged shall increase at a rate not to exceed the legislatively
approved annual cost-of-living adjustment for the department's
budget or as otherwise increased through the Budget Act. The fees
shall be deposited into the Dealers' Record of Sale Special Account.
(b) (1) Any person who, from January 1, 2001, to December 31,
2013, inclusive, lawfully acquired a shotgun with a revolving
cylinder, as defined in Sections 17190 and 30515 and who, after
January 1, 2014, lawfully possesses that firearm, shall register the
firearm before July 1, 2014, with the department pursuant to those
procedures that the department may establish by regulation pursuant
to paragraph (4).
(2) Registrations shall be submitted electronically via the
Internet utilizing a public-facing application made available by the
department.
(3) The registration shall contain a description of the firearm
that identifies it uniquely, including all identification marks, the
date that the firearm was acquired, the name and address of the
individual or business from whom the firearm was acquired, the
registrant's full name, address, telephone number, date of birth,
sex, height, weight, eye color, hair color, and California Driver's
License or Identification number.
(4) The department may establish regulations for the purpose of
implementing this subdivision. These regulations shall be exempt from
the Administrative Procedure Act.
(c) The department may charge a fee for registration of each
firearm of up to twenty dollars ($20) but not to exceed the
reasonable processing costs of the department. After the department
establishes fees sufficient to reimburse the department for
reasonable processing costs, fees charged shall increase at a rate
not to exceed the department's reasonable processing costs. The fees
shall be paid by debit or credit card at the time the electronic
registration is submitted to the department and shall be deposited
into the Dealer's Record of Sale Special Account.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.