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