BILL ANALYSIS Ó SB 567 Page 1 Date of Hearing: August 13, 2013 Counsel: Shaun Naidu ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair SB 567 (Jackson) - As Amended: August 5, 2013 SUMMARY : Redefines the meaning of "shotgun" and requires registration with the Department of Justice (DOJ) of shotguns with a revolving cylinder. Specifically, this bill : 1)Makes legislative findings and declarations that "shotgun" is not consistently defined in the Penal Code and that the intent of this bill is to create a consistent definition of that term and not to ban handguns or limit the use of "bird shot" or "snake shot" ammunition. 2)Removes the requirement that a shotgun be intended to be fired from the shoulder. 3)States that a shotgun may include a weapon with a rifled or smooth bore. 4)Clarifies that the definition of a "shotgun" created by this bill does not include handguns, except as specified. 5)Requires, before July 1, 2015, any person who, from January 1, 2001 to December 31, 2013, lawfully acquired a shotgun with a revolving cylinder, as defined, and who lawfully possesses that firearm after January 1, 2014 to register that firearm with DOJ electronically via the Internet. 6)Requires the registration of the above-mentioned firearm to 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, and 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. 7)Authorizes DOJ to charge a fee of up to $20, but not exceeding SB 567 Page 2 DOJ's reasonable processing costs, for registration of each firearm. Requires the fee to be paid by debit or credit card at the time of the electronic registration of the firearm is submitted to DOJ and be deposited into the Dealers' Record of Sale (DROS) Special Account. EXISTING LAW : 1)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. (Penal Code Section 17190.) 2)Defines a "rifle" 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 cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (Penal Code Section 17090.) 3)Defines the following shotguns as assault weapons: a) A semiautomatic shotgun that has both of the following: i) a folding or telescoping stock; and, ii) 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. [Penal Code Section 30515(a)(6)-(8).] 4)Makes legislative findings and declarations including that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. [Penal Code Section 30505(a).] 5)Punishes unlawful possession of an assault weapon as an SB 567 Page 3 alternate felony-misdemeanor and by imprisonment in a county jail for a period not exceeding one year, or pursuant to criminal justice realignment (16 months, two or three years). Notwithstanding the above, a first violation of these provisions is punishable by a fine not exceeding $500 if the person was found in possession of no more than two firearms and certain specified conditions are met. (Penal Code Section 30605.) 6)Provides that any person who within California manufactures, imports into California, offers for sale, or who gives or lends any assault weapon, with specified exceptions, is guilty of a felony punishable by imprisonment in state prison for four, six, or eight years. (Penal Code Section 30600.) 7)Requires any person who lawfully possesses an assault weapon, as defined, to register that firearm with DOJ, and any person who lawfully possessed a specified assault weapon prior to the date it was specified as an assault weapon is required to register that firearm with DOJ within 90 days. (Penal Code Section 30900.) 8)Requires the assault weapon registration to 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 DOJ may deem appropriate. [Penal Code Section 30900(c).] 9)Authorizes DOJ to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs. Requires the fees charged to increase at a rate not to exceed the legislatively-approved annual cost-of-living adjustment for DOJ's budget or as otherwise increased through the Budget Act. Requires the fees to be deposited into the DROS Special Account. [Penal Code Section 30900(d).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : 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. SB 567 Page 4 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 manufactures [sic] are now producing, the definition needs to be updated to close a loophole that manufacturers are exploiting. "Additionally, shotguns are now being manufactured with pistol grips. Because the current statutory definition of a shotgun specifies that a shotgun is "intended to be fired from the shoulder" the definition needs to be updated to reflect this evolution in design. Providing an updated definition will help dealers comply with the DROS reporting requirements of AB 809." 2)Background : This bill addresses issues that have arisen regarding the current definition of a shotgun, and whether, like the adaptations made to the definition of other assault weapons, it needs to be adjusted to keep pace with the developments in the manufacture of firearms. The current definition of shotgun is incorporated into the definition of what types of shotguns are considered assault weapons. That definition appears to be out-of-date in that to be considered a shotgun, the weapon must have a smooth bore, as opposed to a rifled bore. New designs of shotguns are now appearing on the market with rifled bores for greater accuracy. Some of these weapons also come equipped with a revolving cylinder, which would bring them within the definition of an assault weapon in California; but for the fact that, if they have a rifled bore, they do not meet the definition of a shotgun. This would appear to run contrary to the intent of the assault weapons ban. This bill would amend the definition of shotgun to include those with a rifled bore. This bill also expands the definition of shotgun by deleting the requirement that to be considered a shotgun, the weapon must "intended to be fired from the shoulder." 3)Shotgun v. Rifle : The new definition of a shotgun created by this bill appears to blur the legal distinction between a shotgun and a rifle. Under existing law, these two types of SB 567 Page 5 weapons are distinguishable legally by the bore type of the firearm-either smooth or rifled-and the type of ammunition used. In pertinent part, a shotgun currently is distinguishable from a rifle in the Penal Code in that a shotgun is defined to mean a weapon with a smooth bore that fires either "a number of projectiles (ball shot) or a single projectile for each pull of the trigger" (Penal Code Section 17190), while a rifle is defined to mean a weapon with a rifled bore that fires only a single projectile from a fixed cartridge (Penal Code Section 17090). This bill, in part, redefines a shotgun to include a weapon with a rifled bore. Consequently, the distinction left between the definition of a shotgun and a rifle in the Penal Code is the type of ammunition the firearm discharges. As the legal definition of the term rifle uses the general term "cartridge," and the term cartridge can include a shotgun shell, theoretically, a rifle can fall under the definition of a shotgun. In practice, however, shotgun shells and slugs are considered and treated as separate and distinct from rifle cartridges. This committee may wish to explore and consider what inferences, if any, a blurred distinction between a shotgun and a rifle could raise. 4)Registration and Fee : This bill will require registration with DOJ of any shotgun with a revolving cylinder lawfully acquired from January 1, 2001 to December 31, 2013, as is currently required for lawfully-possessed assault weapons, in order to bring under the registry all firearms that meet the current definition of a shotgun with a revolving cylinder, except for the fact that it has a rifled instead of a smooth bore. After December 31, 2013, if this bill is enacted, both smooth- and rifled-bored shotguns with a revolving cylinder would be classified as assault weapons and would require registration with DOJ. Under existing law, DOJ is authorized to charge a fee of up to $20 per person to register an assault weapon. This bill will allow DOJ to instead charge a fee of up to $20 for each firearm registered. Allowing DOJ to charge a fee per assault weapon registered, as opposed to per person registering assault weapons regardless of quantity, appears to provide DOJ with a more comparable level of funding to offset the resources the department uses to update the registry. It is, however, more appropriate for the Committee on Appropriations to consider the impact of this change. SB 567 Page 6 5)Conflict with SB 47 : As drafted, this bill and SB 47 (Yee) both amend the assault weapon registration requirement found in Penal Code section 30900 without incorporating the relevant provisions of the other bill. Should both bills pass out of this committee, the authors may wish to consider amending their bills to add double-jointing language to avoid a chaptering-out issue in the event that both bills become enacted. 6)Argument in Support : According to the Brady Campaign to Prevent Gun Violence, California Chapter , "In 1989, California passed the first assault weapons law in the county. Among the banned weapons were shotguns capable of accepting a revolving ammunition cylinder that allows many shots to be fired in a short period of time without reloading. These firearms have been referred to as 'Street Sweepers'. ? "Testimony received in the Senate claimed that SB 567 was a de facto ban on handguns, since many in common use, have both revolving cylinders and smooth bored barrels. The August 5 amendments add a statement of legislative intent and specific language clarifying that this bill is not intended to apply to handguns nor is it intended to limit the use of 'bird shot' or 'snake shot' ammunition. "The California Department of Justice has found that 'Street Sweeper' type weapons are now being manufactured, and could appear on the California Market. These new firearms possess a rifled barrel but are otherwise identical to the banned weapons. By exploiting this loophole in the Assault Weapons Act, the firearm manufacturers have once again found a way to circumvent our law. "Senate Bill 567 closes that loophole and will help keep particularly deadly weapons off of our streets." 7)Argument in Opposition : According to the California Association of Federal Firearms Licensees , "SB 567 is an unnecessary and broad re-definition of a class of firearms - shotguns - to be so inclusive that it would encompass millions of existing non-shotgun firearms, including handguns, rifles, and other long guns. "SB 567 would upend over a century of social understanding and tradition for the sole purpose of extending criminal liability SB 567 Page 7 to millions of gun owners that don't commit crimes. "Unsurprisingly, the author of SB 567 offers no evidence to suggest that the bill is even necessary and failed to include the most basic of necessary elements that a bill like this one cries out for: a provision for law enforcement training and public outreach. If the State of California redefined 'automobile' to include skateboards, wouldn't it do at least that much?" 8)Related Legislation : SB 47 (Yee), amends the definition of an assault weapon to include those weapons which do not have a detachable magazine but do have one of several specified features. Also requires registration of weapons which now fall under the new definition but which previously did not require registration. SB 47 is set to be heard by this committee during the same hearing as this bill. 9)Prior Legislation : a) AB 2728 (Klehs), Chapter 793, Statutes of 2006, made a public nuisance the possession of an assault weapon or .50 BMG rifle in violation of existing law. b) SB 238 (Perata), Chapter 499, Statutes of 2003, enacted a series of changes to the laws relating to deadly weapons to address issues noted in various judicial decisions and address questions concerning the implementation of prior legislation. c) SB 626 (Perata), Chapter 937, Statutes of 2001, amended then-existing restrictions on large-capacity firearm magazines. d) SB 23 (Perata), Chapter 129, Statutes of 1999, extended the Roberti-Roos Assault Weapons Control Act of 1989 by prohibiting the manufacture, importation, and sale of large-capacity magazines, as specified; added a new "generic" definition list of assault weapons; and expanded exemptions to the Act. e) AB 357 (Roos), Chapter 19, Statutes of 1989, established the Roberti-Roos Assault Weapons Control Act of 1989 which prohibited the manufacture in California of any of the semi-automatic weapons specified in the statute, or the SB 567 Page 8 possession, sale, transfer, or importation into the state such weapons without a permit. REGISTERED SUPPORT / OPPOSITION : Support 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 Brady Campaign to Prevent Gun Violence, California Chapter Brady Campaign to Prevent Gun Violence, Orange County Chapter California Church IMPACT City of Santa Monica Clergy & Laity United for Economic Justice California Coalition Against Gun Violence, a Santa Bara County Coalition Coalition to Stop Gun Violence Courage Campaign CREDO Action Diablo Valley Democratic Club Doctors for America Jewish Public Affairs Committee of California Laguna Woods Democratic Club Law Center to Prevent Gun Violence League of Women Voters of California Los Angeles Mayor Antonio Villaraigosa (former) Moms Demand Action for Gun Sense in America, San Francisco Bay Area Chapter Nevada County Democratic Women's Club PICO California Santa Barbara Rape Crisis Center Tri-Cities Democratic Forum Violence Policy Center Violence Prevention Coalition of Greater Los Angeles Violence Prevention Coalition of Orange County Women Against Gun Violence Women For: Orange County Youth ALIVE! Twelve private individuals Opposition SB 567 Page 9 California Association of Federal Firearms Licensees California Association of Firearm Retailers California Rifle and Pistol Association, Inc. California Sportsman's Lobby, Inc. Gun Owners of California National Rifle Association of America Outdoor Sportsmen's Coalition of California Safari Club International Eight private individuals Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744