BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 567|
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UNFINISHED BUSINESS
Bill No: SB 567
Author: Jackson (D), et al.
Amended: 9/6/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 22-15, 5/29/13
AYES: Beall, Block, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno,
Liu, Monning, Padilla, Pavley, Price, Steinberg, Wolk, Yee
NOES: Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,
Gaines, Galgiani, Huff, Knight, Nielsen, Roth, Walters,
Wright, Wyland
NO VOTE RECORDED: Lieu, Torres, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Firearms: shotguns
SOURCE : Author
DIGEST : This bill Redefines the meaning of shotgun and
requires registration with the Department of Justice (DOJ) of
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shotguns with a revolving cylinder.
Assembly Amendments (1) add intent and statutory language to
clarify that this bill does not apply to handguns; (2) clarify
that the registration fees are per person rather than per gun;
and (3) recasts the firearm registration requirements of the
bill into its own separate section in order to avoid chaptering
issues.
ANALYSIS :
Existing law:
1. Defines the following shotguns as assault weapons:
A. A semiautomatic shotgun that has both of the following:
A folding or telescoping stock; and
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.
2. 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.
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.
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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. Provides that no individual shall be penalized before July 1,
2014 for failing to register a lawfully acquired shotgun with
a revolving cylinder to the specified time period.
7. 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.
8. Authorizes DOJ to charge a fee of up to $20 per person, but
not exceeding DOJ's reasonable processing costs, for
registration of each firearm. Requires the fee to be
deposited into the Dealers' Record of Sale (DROS) Special
Account.
9. Requires DOJ to establish rules and regulations for the
purpose of implementing the registration requirement of this
bill.
Background
The enactment of the assault weapons ban in California is
described by the federal Court of Appeal from Silveira v.
Lockyer, 312 F.3d 1052 (9th Cir. 2002), in part, as follows: In
response to a proliferation of shootings involving
semi-automatic weapons, the California Legislature passed the
Roberti-Roos Assault Weapons Control Act ("the AWCA") in 1989.
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The immediate cause of the AWCA's enactment was a random
shooting earlier that year at the Cleveland Elementary School in
Stockton, California. An individual armed with an AK-47
semi-automatic weapon opened fire on the schoolyard, where three
hundred pupils were enjoying their morning recess. Five
children aged six to nine were killed, and one teacher and 29
children were wounded.
The codified legislative findings and declarations of the AWCA
state, in part, "that the proliferation and use of assault
weapons poses a threat to the health, safety, and security of
all citizens of this state. The Legislature has restricted the
assault weapons based upon finding that each firearm has such a
high rate of fire and capacity for firepower that its function
as a legitimate sports or recreational firearm is substantially
outweighed by the danger that it can be used to kill and injure
human beings. It is the intent of the Legislature to place
restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and
possession.
Prior Legislation
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.
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.
SB 626 (Perata, Chapter 937, Statutes of 2001) amended
then-existing restrictions on large-capacity firearm magazines.
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.
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
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semi-automatic weapons specified in the statute, or the
possession, sale, transfer, or importation into the state such
weapons without a permit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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.
SUPPORT : (Verified 9/11/13)
Courage Campaign (co-sponsor)
American Academy of Pediatrics
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
California Chapter of the American College of Emergency
Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Church Impact
CLUE California (Clergy and Laity United for Economic Justice)
Coalition Against Gun Violence, a Santa Barbara County Coalition
Coalition to Stop Gun Violence
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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
Long Beach City Council
Los Angeles Mayor Antonio R. Villaraigosa
Moms Demand Action for Gun Sense in America, Orange County
Chapter
Moms Demand Action for Gun Sense in America, Sacramento Chapter
Moms Demand Action for Gun Sense in America, San Francisco Bay
Area
Chapter
Neighbors Untied to Protect our Communities
Niles Discovery Church
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Orange County Democrats
PICO California
Santa Barbara Rape Crises Center
The City of Santa Monica
Sisters of St. Joseph of Orange
South County Citizens Against Gun Violence, Orange County
The Christy Lynn Wilson Foundation
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!
OPPOSITION : (Verified 9/11/13)
California Association of Federal Firearms Licensees
California Association of Firearm Retailers
California Rifle and Pistol Association
California Right to Carry
California Sportsmen's Lobby, Inc.
National Rifle Association
Outdoor Sportsmen's Coalition of California
Safari Club International
Shasta County Cattlemen's Association
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ARGUMENTS IN SUPPORT : 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
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. Providing an updated
definition will help dealers comply with the DROS reporting
requirements of AB 809.
ARGUMENTS 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 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
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do at least that much?
JG:d 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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