BILL NUMBER: SB 567	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	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, and to add Section
30903 to, the Penal Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 567, Jackson. Firearms: shotguns.
   (1) Existing law, for purposes of regulation, 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 that those fees do not exceed the
reasonable processing costs of the department. The 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.


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 16530 and 16640, and as used in Section 17180, only as
that 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) 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) 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) 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 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 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. 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.