BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 567|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  SB 567
          Author:   Jackson (D), et al.
          Amended:  5/24/13
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 4/16/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines


           SUBJECT  :    Firearms:  shotguns

           SOURCE  :     Author


           DIGEST  :    This bill amends the definition of shotgun as  
          specified, and adds language to state that a shotgun may include  
          a weapon with a rifled bore, as well as a smooth bore.  This  
          bill authorizes the Department of Justice (DOJ) to charge a fee  
          for registration of each assault weapon of up to $20 per  
          firearm, as specified.

           ANALYSIS  :    

          Existing law:

          1. Defines the following shotguns as assault weapons:

                                                                CONTINUED





                                                                     SB 567
                                                                     Page  
          2

             A.    A semiautomatic shotgun that has both of the following:
                         A folding or telescoping stock; and
                         A pistol grip that protrudes conspicuously  
                   beneath the action of the weapon, thumbhole stock, or  
                   vertical handgrip.

             B.    A semiautomatic shotgun that has the ability to accept  
                a detachable magazine. 

             C.    Any shotgun with a revolving cylinder.

          2. 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:

          1. Amends the definition of "shotgun" to delete language stating  
             that to be considered a shotgun, the weapon must be "intended  
             to be fired from the shoulder" and add language to state that  
             a shotgun may include a weapon with a rifled bore.

          2. Requires that any person who from January 1, 2001, to  
             December 31, 2013, lawfully possessed a shotgun with a  
             revolving cylinder, as defined, register the firearm via  
             online submission before July 1, 2015, with DOJ, as  
             specified.

          3. Authorizes the DOJ to charge a fee of up to $20 per person  
             but not to exceed the reasonable processing costs for this  
             registration.

           Background
           
          The enactment of the assault weapons ban in California is  
          described by the federal Court of Appeal from Silveira v.  
          Lockyer, 312 F.3d 1052 (9th Cir. 2002), in part, as follows:  In  
          response to a proliferation of shootings involving  
          semi-automatic weapons, the California Legislature passed the  
          Roberti-Roos Assault Weapons Control Act ("the AWCA") in 1989.   
          The immediate cause of the AWCA's enactment was a random  

                                                                CONTINUED





                                                                     SB 567
                                                                     Page  
          3

          shooting earlier that year at the Cleveland Elementary School in  
          Stockton, California.  An individual armed with an AK-47  
          semi-automatic weapon opened fire on the schoolyard, where three  
          hundred pupils were enjoying their morning recess.  Five  
          children aged six to nine were killed, and one teacher and 29  
          children were wounded.

          The codified legislative findings and declarations of the AWCA  
          state, in part, "that the proliferation and use of assault  
          weapons poses a threat to the health, safety, and security of  
          all citizens of this state.  The Legislature has restricted the  
          assault weapons based upon finding that each firearm has such a  
          high rate of fire and capacity for firepower that its function  
          as a legitimate sports or recreational firearm is substantially  
          outweighed by the danger that it can be used to kill and injure  
          human beings.  It is the intent of the Legislature to place  
          restrictions on the use of assault weapons and to establish a  
          registration and permit procedure for their lawful sale and  
          possession.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes


          According to the Senate Appropriation Committee:


           One-time DOJ costs of $0.6 million (Special Fund*) to redesign  
            the existing Assault Weapon Registration (AWR) system with a  
            new web user interface to enable online registration of the  
            specified firearms.**


           Online registration processing costs of $0.2 million (Special  
            Fund*) over six months to be fully offset by fees collected  
            from registrants.  Any additional workload to process  
            registrations after the initial batch is completed is  
            estimated to be minor. 


           Unknown, potential increase in annual state incarceration  
            costs (General Fund). For every 25 new felony convictions,  
            costs in the range of $0.7 million to $1.5 million,  
            compounding to $2.8 million to $6 million for overlapping  

                                                                CONTINUED





                                                                     SB 567
                                                                     Page  
          4

            sentences assuming the middle term of the triads for  
            violations of both manufacturing and possession.


           Increased annual local incarceration costs (Local) for  
            possession of assault weapons without proper registration.

           Potential near-term loss of sales tax revenue (General Fund)  
            to the extent shotgun sales in California are impacted by the  
            provisions of this bill. Future year impact is somewhat  
            mitigated to the extent consumers shift to purchases of  
            alternative firearms.

          *Dealer Record of Sale (DROS) Special Account
          **AWR redesign costs are also included in SB 47 (Yee). In the  
          event both SB 47 and this measure are enacted, the DOJ is only  
          incur this cost once.

           SUPPORT  :   (Verified  5/24/13)

          American Association of University Women, Santa Barbara, Goleta  
          Valley Branch
          American Association of University Women, Santa Maria Branch
          Anti-Defamation League
          Auburn Area Democratic Club
          Bend the Arc
          California Chapter of the American College of Emergency  
          Physicians
          California Chapters of the Brady Campaign to Prevent Gun  
          Violence
          California Church Impact
          Clergy and Laity United for Economic Justice, California
          Coalition Against Gun Violence
          Courage Campaign
          Credo Action
          Doctors for America
          Jewish Partnership for Justice
          Laguna Woods Democratic Club
          Law Center to Prevent Gun Violence
          Los Angeles Mayor Antonio R. Villaraigosa
          Los Angeles Police Department Chief Charlie Beck
          Moms Demand Action for Gun Sense in America
          Neighbors Untied to Protect our Communities
          Orange County Chapter of the Brady Campaign to Prevent Gun  

                                                                CONTINUED





                                                                     SB 567
                                                                     Page  
          5

          Violence
          Orange County Democrats
          PICO California
          Santa Barbara Rape Crises Center
          Sisters of St. Joseph of Orange
          South County Citizens Against Gun Violence, Orange County
          The Christy Lynn Wilson Foundation
          Tri-Cities Democratic Forum
          Tri-City Interfaith Council
          Violence Prevention Coalition of Greater Los Angeles 
          Violence Prevention Coalition of Orange County
          Women For:  Orange County
          Youth Alive!

           OPPOSITION  :    (Verified  5/24/13)

          California Association of Federal Firearms Licensees
          California Association of Firearm Retailers
          California Rifle and Pistol Association
          California Right to Carry
          California Sportsmen's Lobby, Inc.
          National Rifle Association
          Outdoor Sportsmen's Coalition of California
          Safari Club International

           ARGUMENTS IN SUPPORT  :    According to the author:

            Under California's existing assault weapons ban, smooth  
            bored shotguns with revolving cylinders are classified as  
            assault weapons and are illegal to sell, use or possess in  
            this state.  Gun makers have begun manufacturing this same  
            banned shotgun, but with a "rifled" bore which is not  
            specifically banned in California even though it shoots the  
            same ammunition.

            Because California's current definition of banned assault  
            weapons does not cover this newly designed shotgun that  
            manufacturers are now producing, the definition needs to be  
            updated to close a loophole that manufacturers are  
            exploiting.  

            The new "rifled" bore shotgun with a revolving cylinder has  
            characteristics similar to the "Street Sweeper" shotgun that  
            has been named as a banned assault shotgun since the  

                                                                CONTINUED





                                                                     SB 567
                                                                     Page  
          6

            Roberti-Roos Assault Weapons Act of 1989.  The same firearm  
            was deemed to be a Federal "destructive device" in 1994.   
            Failure to update the law to add "rifled" bore shotguns with  
            revolving cylinders to the ban on "smooth" bored shotguns  
            with revolving cylinders could result in "Street Sweeper"  
            guns reappearing on California streets. 

           ARGUMENTS IN OPPOSITION  :    The Safari Club International  
          Foundation writes, "By changing the definition of a shotgun in  
          the California penal Code, the bill would ensnare virtually all  
          handguns making them unlawful to possess short barreled  
          shotguns.  The bill would do so by eliminating the requirement  
          that a shotgun must be designed to be fired from the shoulder  
          and have a smooth bore, and because handgun ammunition is  
          available in most calibers that fires shot instead of bullets.   
          Such ammunition is used for pests and very small game at close  
          range.

          "Many hunters enjoy hunting with handguns.  Most hunting  
          handguns are used for larger game, and handgun shot shells are  
          not often used.  Nonetheless, SB 567 could result in handguns  
          being declared unlawful short barreled shotguns.

          The Department of Justice would lose $millions in lost Dealers  
          Record of Sale (DROS) fees, everyone who owns a handgun would  
          become an "instant felon", the cost of enforcement would  
          increase dramatically, and the incarceration problems that  
          spawned AB 109 would become many times larger."  
           

          JG:d  5/25/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****
          









                                                                CONTINUED