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  








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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