BILL ANALYSIS
AB 2470
Page 1
ASSEMBLY THIRD READING
AB 2470 (Karnette)
As Amended May 23, 2008
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Aghazarian, |Ayes:|Leno, Walters, Caballero, |
| |Anderson, Ma, Portantino, | |Davis, DeSaulnier, |
| |Swanson | |Emmerson, Eng, Huffman, |
| | | |Berg, Krekorian, La |
| | | |Malfa, Lieu, Ma, |
| | | |Nakanishi, Nava, |
| | | |Sharon Runner, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Expands the prohibition against bringing or possessing
specified weapons on the grounds of, or within, specified
schools to include any instrument that expels a non-metallic BB
or pellet, and conforms the prohibition as it applies to grades
K-12 to specified colleges and universities.
EXISTING LAW :
1)Provides that any person, except as specified, who brings or
possesses any dirk, dagger, ice pick, knife having a blade
longer than two- and one-half inches, folding knife with a
locking blade, razor with an unguarded blade, taser or stun
gun, an instrument that expels a metallic projectile such as a
BB or pellet through the use of air pressure, CO2 pressure or
spring action, or any spot marker gun upon the grounds of, or
within, any public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive, is guilty of a
public offense, punishable by imprisonment in county jail not
to exceed one year or by imprisonment in the state prison for
16 months, 2 or 3 years.
2)Provides that with the exception of a peace officer, a person
summoned to assist a peace officer, or a member of the
military engaged in the performance of his/her duties, any
person who brings or possesses any dirk, dagger, ice pick or
knife having a fixed blade longer than two- and one-half
AB 2470
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inches, upon the grounds of, or within, any private
university, the University of California, the California State
University, or the California Community Colleges is guilty of
a public offense punishable by imprisonment in county jail not
to exceed one year or by imprisonment in the state prison for
16 months, 2 or 3 years.
3)States that the above provisions do not apply to any person
who brings a knife, as specified, or a razor with an unguarded
blade upon the grounds of specified schools and universities
for use in a school-sponsored activity or class, or possesses
an ice pick or knife upon the grounds of any specified
university or college for lawful use in food preparation or
consumption, or within the scope of the person's employment.
4)Provides that the prohibition on an instrument that expels a
metallic projectile such as a BB or pellet or any spot marker
gun shall not apply if the person has the written permission
of the school principal or his or her designee.
5)Defines "BB device" as an instrument that expels a projectile,
such as a BB or pellet, not exceeding 6mm caliber, through the
force of air pressure, gas pressure, or spring action, or any
spot marker gun.
6)Creates the "Gun-Free School Zone Act of 1995" which prohibits
the possession of a firearm in a school zone.
7)Provides that it is unlawful for any person, with reckless
disregard for the safety of another, to discharge, or attempt
to discharge, a firearm in a school zone.
8)Defines "school zone" as an area in, or on the grounds of, a
public or private school providing instruction in Kindergarten
or Grades 1 to 12, inclusive, or within a distance of 1,000
feet from the grounds of the public or private school.
9)Provides that any person who possesses a firearm in, or on the
grounds of, a public or private school providing instruction
in Kindergarten or Grades 1 to 12, inclusive, shall be
punished by imprisonment in the state prison for two, three,
or five years.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, unknown minor increase in state prison General Fund
(GF) costs, potentially in excess of $150,000, and in
non-reimbursable local jail costs to the extent expansion of
this offense to college campuses and to plastic BBs/pellets
results in additional state or local commitments.
Six persons were committed to state prison under the current
section, which includes knives, paintball guns, tasers, razors,
over the past three years for violations occurring at several of
the state's 13,200 K-12 schools. If adding non-metallic
BBs/pellets to the current prohibition, and expanding the
prohibition to the state's 216 college campuses results in an
additional four state prison commitments per year, the annual GF
cost would exceed $170,000.
COMMENTS : According to the author, "Several instances of
college campus gun violence in recent years have put campus
police and students on higher alert of the possibility of
similar gun violence instances occurring on their campuses.
Recognizing this threat, campus police have taken extensive
training courses focused on gun violence situational response
and must be on constant alert in hope of preventing such a
situation.
"The California College & University Police Chiefs Association
has reported that BB and pellet guns have been used in numerous
on-campus crimes, including the vandalism and the firing of
these weapons at officers and students. BB and pellet guns
often resemble and are mistaken to be 'real' guns at first
sight. The possession of these guns on campuses is quite
dangerous because they will immediately elicit the same response
from students and campus police that the possession of a 'real'
gun would cause.
"This bill is necessary to ensure it is illegal to use or
possess any type of gun on all California school campuses. Our
students, faculty and campus staff deserve a safe and gun-free
learning environment."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
AB 2470
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319-3744
FN: 0005171