BILL ANALYSIS Ó
SB 567
Page 1
SENATE THIRD READING
SB 567 (Jackson)
As Amended August 5, 2013
Majority vote
SENATE VOTE :22-15
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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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
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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
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.
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.
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
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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.
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.
5)Punishes unlawful possession of an assault weapon as an
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.
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.
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.
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.
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
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Act. Requires the fees to be deposited into the DROS Special
Account.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time special fund (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 General Fund cost would be about $250,000
after two years. Local incarceration costs would be
marginally less for similar commitments.
COMMENTS : 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 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."
Please see the policy committee analysis for a full discussion
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of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0002125