SB 567, as amended, Jackson. Firearms: shotguns.
Existing
end delete
begin insert(1)end insertbegin insert end insertbegin insertExistingend insert law, for purposes of specified provisions, definesbegin insert aend insert 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 projectilesbegin delete (ball shot)end delete
or a single projectile for each pull of the trigger.
This bill would revise the definition of a shotgun to delete the requirement that it be intended to be fired from the shoulder, and would clarify that the projectile may be fired through either a rifled bore or a smooth bore. This bill would also delete an erroneous cross-reference.
begin insert(2) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law defines a shotgun with a revolving cylinder as an assault weapon. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies.
end insertbegin insertThis bill would require any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully acquired a shotgun with a revolving cylinder, as defined, including those firearms subject to the revised definition of “shotgun,” to register the firearm before July 1, 2014, with the department pursuant to those procedures that the department may establish. The bill would require registrations to be submitted electronically via the Internet, as specified. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would authorize the department to adopt regulations for the purpose of carrying out those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would authorize the department to charge a fee for registration of each assault weapon of up to $20 per firearm but not to exceed the reasonable processing costs of the department, as specified. The bill would require payment be made by debit or credit card, as specified. The bill would also make technical and conforming changes.
end insertBy changing the definition of an existing crime, this bill imposes a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 17190 of the Penal Code is amended to
2read:
As used in Sections 16530, 16640, 16870, and 17180,
2Sections 17720 to 17730, inclusive, Section 17740, Section 30215,
3and Article 1 (commencing with Section 33210) of Chapter 8 of
4Division 10 of Title 4, “shotgun” means a weapon designed or
5redesigned, made or remade, and designed or redesigned and made
6or remade to use the energy of the explosive in a fixed shotgun
7shell to fire through a smooth bore or rifled bore either a number
8of projectiles (ball shot) or a single projectile for each pull of the
9trigger.
begin insertSection 30900 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertAny person who, prior to June 1, 1989, lawfully
12possessed an assault weapon, as defined in former Section 12276,
13as added by Section 3 of Chapter 19 of the Statutes of 1989, shall
14register the firearm by January 1, 1991, and any person who
15lawfully possessed an assault weapon prior to the date it was
16specified as an assault weapon pursuant to former Section 12276.5,
17as added by Section 3 of Chapter 19 of the Statutes of 1989 or as
18amended by Section 1 of Chapter 874 of the Statutes of 1990 or
19Section 3 of Chapter 954 of the Statutes of 1991, shall register the
20firearm within 90 days with the Department of Justice pursuant to
21those procedures that the department may establish.
22(b)
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23begin insert(2)end insert Except as provided in Section 30600, any person who
24lawfully possessed an assault weapon prior to the date it was
25defined as an assault weapon pursuant to former Section 12276.1,
26as it read in Section 7 of Chapter 129 of the Statutes of 1999, and
27which was not specified as an assault weapon under former Section
2812276, as added by Section 3 of Chapter 19 of the Statutes of 1989
29or as amended at any time before January 1, 2001, or former
30Section 12276.5, as added by Section 3 of Chapter 19 of the
31Statutes of 1989 or as amended at any time before January 1, 2001,
32shall register the firearm by January 1, 2001, with the department
33pursuant to those procedures that the department may establish.
34(c)
end delete
35begin insert(3)end insert The registration shall contain a description of the firearm
36that identifies it uniquely, including all identification marks, the
37full name, address, date of birth, and thumbprint of the owner, and
38any other information that the department may deem appropriate.
39(d) The department may charge a fee for registration of up to
40twenty dollars ($20) per person but not to exceed the actual
P4 1processing costs of the department. After the department establishes
2fees sufficient to reimburse the department for processing costs,
3fees charged shall increase at a rate not to exceed the legislatively
4approved annual cost-of-living adjustment for the department’s
5budget or as otherwise increased through the Budget Act. The fees
6shall be deposited into the Dealers’ Record of Sale Special
7Account.
8(b) (1) Any person who, from January 1, 2001, to December
931, 2013, inclusive, lawfully acquired a shotgun with a revolving
10cylinder, as defined in Sections 17190 and 30515 and who, after
11January 1, 2014, lawfully possesses that firearm, shall register
12the firearm before July 1, 2014, with the department pursuant to
13those procedures that the department may establish by regulation
14pursuant to paragraph (4).
15(2) Registrations shall be submitted electronically via the
16Internet utilizing a public-facing application made available by
17the department.
18(3) The registration shall contain a description of the firearm
19that identifies it uniquely, including all identification marks, the
20date that the firearm was acquired, the name and address of the
21individual or business from whom the firearm was acquired, the
22registrant’s full name, address, telephone number, date of birth,
23sex, height, weight, eye color, hair
color, and California Driver’s
24License or Identification number.
25(4) The department may establish regulations for the purpose
26of implementing this subdivision. These regulations shall be exempt
27from the Administrative Procedure Act.
28(c) The department may charge a fee for registration of each
29firearm of up to twenty dollars ($20) but not to exceed the
30reasonable processing costs of the department. After the
31department establishes fees sufficient to reimburse the department
32for reasonable processing costs, fees charged shall increase at a
33rate not to exceed the department’s reasonable processing costs.
34The fees shall be paid by debit or credit card at the time the
35electronic registration is submitted to the department and shall
36be deposited into the Dealer’s Record of Sale Special Account.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P5 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
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