Amended in Assembly September 6, 2013

Amended in Assembly August 5, 2013

Amended in Senate May 24, 2013

Amended in Senate May 1, 2013

Amended in Senate April 1, 2013

Senate Bill No. 567

Introduced by Senator Jackson

(Coauthors: Senators Hancock and Steinberg)

February 22, 2013

An act to amend Sections 17190 and 30900 begin delete of end delete begin insert of, and to add Section 30903 to, end insert the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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. The bill would state that this definition does not include handguns, except as specified. The 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. begin insert The bill would prohibit an individual from being penalized for a violation of that requirement prior to July 1, 2015. end insert 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.  

The Legislature finds and declares all of the
following:

(a) The Penal Code does not currently include a consistent
definition of the term “shotgun.”

(b) Section 17190 of the Penal Code currently 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.”

(c) Section 16460 of the Penal Code, however, does not describe
a shotgun as being capable of being shot from the shoulder, but
does describe shotguns as having a rifled bore. Specifically, Section
16460 of the Penal Code exempts “shotguns” with a “smooth or
rifled bore” from the destructive device ban.

(d) Section 12021.5 of the Penal Code further confuses the
definition of shotgun by stating that a “shotgun” shall have the
same meaning as that of Section 17190 of the Penal Code and that
a “detachable shotgun magazine” is a device that may be attached
to a “firearm that is designed or redesigned to fire a fixed shotgun
shell through a smooth or rifled bore.”

(e) The intent of this act is to create a consistent definition of
the term “shotgun” in the Penal Code. Consistency can be achieved
by changing the definition in Section 17190 of the Penal Code.

(f) The intent of this act is not to ban handguns, nor is it intended
to limit the use of “bird shot” or “snake shot,” which is ammunition
specifically designed for rodent, snake, or bird control.

SEC. 2.  

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. Except as used in begin delete sections end delete begin insert Sections end insert 16530 and 16640, and
as used in Section 17180, only as that begin delete Section end delete begin insert section end insert applies to
Sections 16530 and 16640, this definition does not include
handguns.

SEC. 3.  

Section 30900 of the Penal Code is amended to read:

30900.  

(a)  begin delete (1) end delete begin delete   end delete 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.

begin delete

(2)

end delete

begin insert ( end insert begin insert b) end insert  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.

begin delete

(3)

end delete

begin insert ( end insert begin insert c) end insert  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.

begin delete

(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, 2015, 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 driver’s license or
California identification card 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)

end delete

begin insert ( end insert begin insert d) end insert  The department may charge a fee for registration begin delete of each
firearm end delete of up to twenty dollars ($20) begin insert per person end insert 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 begin delete paid by debit or credit card at the time the
electronic registration is submitted to the department and shall be end delete
deposited into the Dealers’ Record of Sale Special Account.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 30903 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 30903. end insert   

(a) 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, 2015, with the department
pursuant to those procedures that the department establishes by
regulation pursuant to subdivision (d).

(b) Registrations shall be submitted either electronically via
the Internet utilizing a public-facing application made available
by the department, or through a licensed firearm dealer.

(c) 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 full name and address of
the individual from whom, or the business from which, 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 California identification card
number.

(d) The department shall establish rules and regulations for the
purpose of implementing this subdivision. These regulations shall
be exempt from the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

(e) The department may charge a fee for registration of up to
twenty dollars ($20) per person 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 Dealers’ Record of Sale Special Account.

(f) No individual shall be penalized for a violation of subdivision
(a) prior to July 1, 2015.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.