Amended in Senate April 1, 2013

Senate BillNo. 567


Introduced by Senator Jackson

(Coauthors: Senators Hancock and Steinberg)

February 22, 2013


An act to amend Section 17190 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 567, as amended, Jackson. Firearms: shotguns.

Existing law, for purposes of specified provisions, defines 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 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.begin insert This bill would also delete an erroneous cross-reference.end insert

By 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:

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SECTION 1.  

Section 17190 of the Penal Code is amended to
2read:

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17190.  

As used in Sections 16530, 16640, 16870, and 17180,
4Sections 17720 to 17730, inclusive, Section 17740,begin delete subdivision
5(f) of Section 27555,end delete
Section 30215, and Article 1 (commencing
6with Section 33210) of Chapter 8 of Division 10 of Title 4,
7“shotgun” means a weapon designed or redesigned, made or
8remade, and designed or redesigned and made or remade to use
9the energy of the explosive in a fixed shotgun shell to fire through
10a smooth bore or rifled bore either a number of projectiles (ball
11shot) or a single projectile for each pull of the trigger.

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SEC. 2.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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