BILL ANALYSIS Ó
SB 567
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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
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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
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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