BILL NUMBER: SB 567 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Jackson
(Coauthors: Senators Hancock and Steinberg)
FEBRUARY 22, 2013
An act to amend Sections 17190 and 30900 of
of, and to add Section 30903 to, 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. The bill would prohibit an
individual from being penalized for a violation of that requirement
prior to July 1, 2015. 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 sections Sections 16530 and 16640,
and as used in Section 17180, only as that Section
section 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) (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.
(2)
( b) 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.
(3)
( c) 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.
(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)
( d) The department may charge a fee for
registration of each firearm 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.
SEC. 4. Section 30903 is added to the
Penal Code , to read:
30903. (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.
SEC. 4. SEC. 5. 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.