SB 567, as amended, Jackson. Firearms: shotguns.
(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 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.begin delete Thisend deletebegin insert The bill would state that this definition does
not include handguns, except as specified. Theend insert 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, 2015, 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:
The Legislature finds and declares all of the
2following:
3(a) The Penal Code does not currently include a consistent
4definition of the term “shotgun.”
5(b) Section 17190 of the Penal Code currently defines a shotgun
6as “a weapon designed or redesigned, made or remade, and
7intended to be fired from the shoulder and designed or redesigned
8and made or remade to use the energy of the explosive in a fixed
9shotgun shell to fire through a smooth bore either a number of
10projectiles (ball
shot) or a single projectile for each pull of the
11trigger.”
12(c) Section 16460 of the Penal Code, however, does not describe
13a shotgun as being capable of being shot from the shoulder, but
14does describe shotguns as having a rifled bore. Specifically, Section
1516460 of the Penal Code exempts “shotguns” with a “smooth or
16rifled bore” from the destructive device ban.
17(d) Section 12021.5 of the Penal Code further confuses the
18definition of shotgun by stating that a “shotgun” shall have the
19same meaning as that of Section 17190 of the Penal Code and that
20a “detachable shotgun magazine” is a device that may be attached
21to a “firearm that is designed or redesigned to fire a fixed shotgun
22shell through a smooth or rifled bore.”
23(e) The intent of this act is to create a consistent definition of
24the term “shotgun” in the Penal
Code. Consistency can be
25achieved by changing the definition in Section 17190 of the Penal
26Code.
27(f) The intent of this act is not to ban handguns, nor is it intended
28to limit the use of “bird shot” or “snake shot,” which is
29ammunition specifically designed for rodent, snake, or bird control.
Section 17190 of the Penal Code is amended to read:
As used in Sections 16530, 16640, 16870, and 17180,
33Sections 17720 to 17730, inclusive, Section 17740, Section 30215,
34and Article 1 (commencing with Section 33210) of Chapter 8 of
35Division 10 of Title 4, “shotgun” means a weapon designed or
36redesigned, made or remade, and designed or redesigned and made
37or remade to use the energy of the explosive in a fixed shotgun
38shell to fire through a smooth bore or rifled bore either a number
P4 1of projectiles (ball shot) or a single projectile for each pull of the
2trigger.begin insert Except as used in sections 16530 and 16640, and as used
3in Section 17180, only as that Section applies to Sections 16530
4and 16640, this definition does not include handguns.end insert
Section 30900 of the Penal Code is amended to read:
(a) (1) Any person who, prior to June 1, 1989, lawfully
8possessed an assault weapon, as defined in former Section 12276,
9as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
10register the firearm by January 1, 1991, and any person who
11lawfully possessed an assault weapon prior to the date it was
12specified as an assault weapon pursuant to former Section 12276.5,
13as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
14amended by Section 1 of Chapter 874 of the Statutes of 1990 or
15Section 3 of Chapter 954 of the Statutes of 1991, shall register the
16firearm within 90 days with the Department of Justice pursuant to
17those procedures that the department may establish.
18(2) Except as provided in Section 30600, any person who
19lawfully possessed an assault weapon prior to the date it was
20defined as an assault weapon pursuant to former Section 12276.1,
21as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
22which was not specified as an assault weapon under former Section
2312276, as added by Section 3 of Chapter 19 of the Statutes of 1989
24or as amended at any time before January 1, 2001, or former
25Section 12276.5, as added by Section 3 of Chapter 19 of the
26Statutes of 1989 or as amended at any time before January 1, 2001,
27shall register the firearm by January 1, 2001, with the department
28pursuant to those procedures that the department may establish.
29(3) The registration shall contain a description of the firearm
30that identifies it uniquely, including all identification marks, the
31full
name, address, date of birth, and thumbprint of the owner, and
32any other information that the department may deem appropriate.
33(b) (1) Any person who, from January 1, 2001, to December
3431, 2013, inclusive, lawfully acquired a shotgun with a revolving
35cylinder, as defined in Sections 17190 and 30515 and who, after
36January 1, 2014, lawfully possesses that firearm, shall register the
37firearm before July 1, 2015, with the department pursuant to those
38procedures that the department may establish by regulation
39pursuant to paragraph (4).
P5 1(2) Registrations shall be submitted electronically via the
2
Internet utilizing a public-facing application made available by
3the department.
4(3) The registration shall contain a description of the firearm
5that identifies it uniquely, including all identification marks, the
6date that the firearm was acquired, the name and address of the
7individual or business from whom the firearm was acquired, the
8registrant’s full name, address, telephone number, date of birth,
9sex, height, weight, eye color, hair color, and driver’s license or
10California identification card number.
11(4) The department may establish regulations for the purpose
12of implementing this subdivision. These regulations shall be
13exempt from the Administrative Procedure Act.
14(c) The department may
charge a fee for registration of each
15firearm of up to twenty dollars ($20) but not to exceed the
16reasonable processing costs of the department. After the department
17establishes fees sufficient to reimburse the department for
18reasonable processing costs, fees charged shall increase at a rate
19not to exceed the department’s reasonable processing costs. The
20fees shall be paid by debit or credit card at the time the electronic
21registration is submitted to the department and shall be deposited
22into the Dealers’ Record of Sale Special Account.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
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