BILL ANALYSIS Ó SB 567 Page 1 Date of Hearing: August 21, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 567 (Jackson) - As Amended: August 5, 2013 Policy Committee: Public SafetyVote:4-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill updates and clarifies the definition of shotgun and requires registration with the Department of Justice (DOJ) of shotguns with a revolving cylinder. Specifically, this bill: 1)States legislative findings that shotgun is not consistently defined in statute and that the intent of this bill is to create a consistent definition, not to ban handguns or limit the use of bird shot or snake shot. 2)Deletes 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 bore. (Current law specifies a smooth bore.) 4)Specifies the definition of a shotgun created by this bill does not include handguns, except short-barreled shotguns capable of being concealed upon the person, 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 gun after January 1, 2014, to register the gun with DOJ via the Internet, as specified. 6)Authorizes DOJ to charge a fee of up to $20, but not exceeding DOJ's reasonable processing costs, for registration of each gun. FISCAL EFFECT SB 567 Page 2 1)One-time special fund (Dealer Record of Sales Account (DROS)) costs to DOJ of about $1 million for enhancements to the existing assault weapon registry system. Costs covered by fee. 2)Ongoing special fund (DROS) costs to DOJ of about $100,000 for processing and maintenance. Costs covered by fee. 3)Unknown potential increase in state and local incarceration costs to the extent the updated definition of shotgun results in additional state and local incarceration. Department of Corrections and Rehabilitation data indicates eight persons were sent to state prison for related offenses in 2012. If, for example, every year five persons were sentenced to three years, the annual GF cost would be about $250,000 after two years. Local incarceration costs would be marginally less for similar commitments. COMMENTS 1)Rationale . 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, as the Silveira Court stated in 2002, the "technological developments in the manufacture of semiautomatic weapons." The current definition of shotgun is linked to the definition of what types of shotguns are considered assault weapons. That definition appears to be outdated in that to be considered a shotgun, the weapon must have a smooth bore, as opposed to a rifled bore. Shotguns with rifled bores, which offer increased accuracy are now on the market. Some of these weapons include a revolving cylinder, which, aside from the rifled bore, would make them assault weapons in California. The author and proponents contend this is contrary to the intent of California's assault weapons ban. 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 SB 567 Page 3 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. "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." 2)Support includes a lengthy list of organizations, including the Coalition to Stop Gun Violence, the Violence Policy Center, Women Against Gun Violence, and former L.A. Mayor Antonio Villaraigosa. 3)Opposition includes gun and sport organizations. 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. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081