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