BILL NUMBER: SB 661	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

   An act to amend Section 626.9 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 661, as introduced, Lieu. Firearms: gun-free school zones.
   Existing law, subject to exceptions, provides that it is an
offense for any person to possess a firearm in a place that the
person knows, or reasonably should know, is a school zone, unless he
or she has the written permission of the school district
superintendent, his or her designee, or equivalent school authority.
Existing law defines "school zone" for these purposes 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. Existing law provides an exception to the prohibition for
handguns that are unloaded and either in a locked container or within
the locked trunk of a motor vehicle.
   This bill would revise this exception to instead except from the
above prohibition a handgun that is lawfully possessed, and either
unloaded and in a locked container inside a motor vehicle or unloaded
and inside a locked trunk of a motor vehicle. The bill would
increase the size of the zone to include the area up to 1,500 feet
from the grounds of the public or private school. By expanding the
scope of an existing offense, this bill would impose a state-mandated
local program. The bill would create an exception to the school zone
firearms possession prohibition for firearms that are otherwise
lawfully possessed or transported in a vehicle on a driveway or
parking lot of a school, as specified.
    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 1.  Section 626.9 of the Penal Code, as amended by Section
59 of Chapter 178 of the Statutes of 2010, is amended to read:
   626.9.  (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
   (b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
   (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
   (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
   (2)  (A)    When  the firearm is an
unloaded   a lawfully possessed  pistol, revolver,
or other firearm capable of being concealed on the person  is
unloaded  and is in a locked container  inside a motor
vehicle  or  within the   unloaded and
inside a  locked trunk of a motor vehicle. 
    This 
    (B)     This  section does not
prohibit or limit the otherwise lawful transportation of any other
firearm, other than a pistol, revolver, or other firearm capable of
being concealed on the person, in accordance with state law  ,
including the otherwise lawful possession or lawful transportation of
a firearm,   other than a pistol, revolver, or other
firearm capable of being concealed upon the person, located within a
vehicle while the vehicle is on the driveway or the parking lot of a
school  .
   (3) When the person  lawfully  possessing the firearm
reasonably believes that he or she is in grave danger because of
circumstances forming the basis of a current restraining order issued
by a court against another person or persons who has or have been
found to pose a threat to his or her life or safety. This subdivision
may not apply when the circumstances involve a mutual restraining
order issued pursuant to Division 10 (commencing with Section 6200)
of the Family Code absent a factual finding of a specific threat to
the person's life or safety. Upon a trial for violating subdivision
(b), the trier of a fact shall determine whether the defendant was
acting out of a reasonable belief that he or she was in grave danger.

   (4)  (A)   When the person is exempt from the
prohibition against carrying a concealed firearm pursuant to Section
25615, 25625, 25630, or 25645. 
   (B) Nothing in this subdivision is meant to allow an individual to
possess a firearm on any school facility without the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, except as provided in
subparagraph (A). 
   (d)  (1)    Except as provided in subdivision
(b), it shall be unlawful for any person, with reckless disregard for
the safety of another, to discharge, or attempt to discharge, a
firearm in a school zone, as defined in paragraph (1) of subdivision
(e). 
    The 
    (2)     The  prohibition contained in
this subdivision does not apply to the discharge of a firearm to the
extent that the conditions of paragraph (1) of subdivision (c) are
satisfied.
   (e) As used in this section, the following definitions shall
apply:
   (1) "School zone" means 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 
 1,500  feet from the grounds of the public or private
school.
   (2) "Firearm" has the same meaning as that term is given in
subdivisions (a) to (d), inclusive, of Section 16520.
   (3) "Locked container" has the same meaning as that term is given
in Section 16850.
   (4) "Concealed firearm" has the same meaning as that term is given
in Sections 25400 and 25610. 
   (5) "School facility" means any building or property, excluding
driveways and parking lots, located on the grounds of a public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive. 
   (f) (1) Any person who violates subdivision (b) by possessing 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.
   (2) Any person who violates subdivision (b) by possessing a
firearm within a distance of  1,000   1,500
 feet from the grounds of a public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, shall be
punished as follows:
   (A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
   (i) If the person previously has been convicted of any felony, or
of any crime made punishable by any provision listed in Section
16580.
   (ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Chapter 2 (commencing
with Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 25400.
   (B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
   (3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
   (g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 23515 shall
be punished by imprisonment in a county jail for not less than three
months, or if probation is granted or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 23515, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail for
not less than three months.
   (3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by any provision
listed in Section 16580, if probation is granted or if the execution
or imposition of sentence is suspended, it shall be a condition
thereof that he or she be imprisoned in a county jail for not less
than three months.
   (4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
   (h) Notwithstanding Section 25605, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (i) Notwithstanding Section 25605, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when it
is capped or primed and has a powder charge and ball or shot in the
barrel or cylinder.
   (k) This section does not require that notice be posted regarding
the proscribed conduct.
   (  l  ) This section does not apply to a duly appointed
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2, a full-time paid peace officer of another
state or the federal government who is carrying out official duties
while in California, any person summoned by any of these officers to
assist in making arrests or preserving the peace while he or she is
actually engaged in assisting the officer, a member of the military
forces of this state or of the United States who is engaged in the
performance of his or her duties, a person holding a valid license to
carry the firearm pursuant to Chapter 4 (commencing with Section
26150) of Division 5 of Title 4 of Part 6, or an armored vehicle
guard, engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions
Code.
   (m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Article 4 (commencing with Section
26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
   (n) This section does not apply to an existing shooting range at a
public or private school or university or college campus.
   (o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
any of the following:
   (1) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4 of Part 6.
   (2) Section 25650.
   (3) Sections 25900 to 25910, inclusive.
   (4) Section 26020.