Today's Law As Amended


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SB-567 Firearms: shotguns.(2013-2014)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) The Penal Code does not currently include a consistent definition of the term “shotgun.”
(b) Section 17190 of the Penal Code currently 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.”
(c) Section 16460 of the Penal Code, however, does not describe a shotgun as being capable of being shot from the shoulder, but does describe shotguns as having a rifled bore. Specifically, Section 16460 of the Penal Code exempts “shotguns” with a “smooth or rifled bore” from the destructive device ban.
(d) Section 12021.5 of the Penal Code further confuses the definition of shotgun by stating that a “shotgun” shall have the same meaning as that of Section 17190 of the Penal Code and that a “detachable shotgun magazine” is a device that may be attached to a “firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth or rifled bore.”
(e) The intent of this act is to create a consistent definition of the term “shotgun” in the Penal Code. Consistency can be achieved by changing the definition in Section 17190 of the Penal Code.
(f) The intent of this act is not to ban handguns, nor is it intended to limit the use of “bird shot” or “snake shot,” which is ammunition specifically designed for rodent, snake, or bird control.

SEC. 2.

 Section 17190 of the Penal Code is amended to read:

17190.
 As used in Sections 16530, 16640, 16870, and 17180, Sections 17720 to 17730, inclusive, Section 17740, Section 30215, and Article 1 (commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, “shotgun” means 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 or rifled bore  either a number of projectiles (ball shot) or a single projectile for each pull of the trigger. Except as used in Sections 16530 and 16640, and as used in Section 17180, only as that section applies to Sections 16530 and 16640, this definition does not include handguns. 

SEC. 3.

 Section 30900 of the Penal Code is amended to read:

30900.
 (a) (1)  Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish.
(2) (b)  Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish.
(3) (c)  The registration shall 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 the department may deem appropriate.
(4) (d)  The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for reasonable  processing costs, fees charged shall 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 but not to exceed the reasonable costs of the department.  department’s reasonable processing costs.  The fees shall be deposited into the Dealers’ Record of Sale Special Account.
(b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before July 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
(2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department.
(3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number.
(4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) (1) Any person who, prior to September 1, 2020, lawfully possessed an assault weapon as defined by paragraph (9), (10), or (11) of subdivision (a) of Section 30515, and is eligible to register an assault weapon as set forth in Section 30950, shall submit an application to register the firearm before January 1, 2022, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5).
(2) Registration applications shall be submitted in a manner and format to be specified by the department in regulations adopted pursuant to paragraph (5).
(3) The registration application shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number, and any other information that the department may deem appropriate. The registration application shall also contain photographs of the firearm, as specified by the department in regulations adopted pursuant to paragraph (5).
(4) For each registration application, the department may charge a fee that consists of the amount the department is authorized to require a dealer to charge each firearm purchaser under subdivision (a) of Section 28233, not to exceed the reasonable processing costs of the department. For registration applications seeking to register multiple firearms, the fee shall increase by up to five dollars ($5) for each additional firearm after the first, not to exceed the reasonable processing costs of the department. The fee shall be paid in a manner specified by the department in regulations adopted pursuant to paragraph (5) at the time the registration application is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section.
(5) The department shall adopt regulations for the purpose of implementing this subdivision and paragraphs (9), (10), and (11) of subdivision (a) of Section 30515. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 4.

 Section 30903 is added to the Penal Code, to read:

30903.
 (a) Any person who, from January 1, 2001, to December 31, 2013, inclusive, lawfully acquired a shotgun with a revolving cylinder, as defined in Sections 17190 and 30515 and who, after January 1, 2014, lawfully possesses that firearm, shall register the firearm before July 1, 2015, with the department pursuant to those procedures that the department establishes by regulation pursuant to subdivision (d).
(b) Registrations shall be submitted either electronically via the Internet utilizing a public-facing application made available by the department, or through a licensed firearm dealer.
(c) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date that the firearm was acquired, the full name and address of the individual from whom, or the business from which, the firearm was acquired, the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license or California identification card number.
(d) The department shall establish rules and regulations for the purpose of implementing this subdivision. These regulations shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for reasonable processing costs, fees charged shall increase at a rate not to exceed the department’s reasonable processing costs. The fees shall be paid by debit or credit card at the time the electronic registration is submitted to the department and shall be deposited into the Dealers’ Record of Sale Special Account.
(f) No individual shall be penalized for a violation of subdivision (a) prior to July 1, 2015.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.