BILL ANALYSIS Ó
SB 567
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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
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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
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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.
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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
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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.
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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
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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
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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
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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