Senate Bill No. 707

Introduced by Senator Wolk

(Principal coauthor: Senator Jackson)

February 27, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 707, as introduced, Wolk. Firearms: gun-free school zone.

The existing Gun-Free School Zone Act of 1995 prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, or within a distance of 1,000 feet of that school. Existing law prohibits a person from possessing a firearm upon the grounds of a campus of a public or private university or college, that are contiguous or are clearly marked as university property, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a person holding a valid license to carry a concealed firearm and retired peace officers authorized to carry concealed or loaded firearms.

This bill would instead allow a person holding a valid license to carry a concealed firearm, and a retired peace officer authorized to carry a concealed or loaded firearm, to carry a firearm in an area that is within 1,000 feet of, but not on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12. This bill would also delete the exemption that allows a person holding a valid license to carry a concealed firearm, and a retired peace officer authorized to carry a concealed or loaded firearm, to possess a firearm on the campus of a university or college. By expanding the scope of an existing crime, this bill would create 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 1.  

Section 626.9 of the Penal Code 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) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.

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.

(3) When the person 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) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to Section 25615, 25625,
25630, or 25645.

begin insert

(5) When the person holds a valid license to carry the firearm
pursuant to Chapter 4 (commencing with Section 26150) of
Division 5 of Title 4 of Part 6, who is carrying that firearm in an
area that is not in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
but within a distance of 1,000 feet from the grounds of the public
or private school.

end insert begin insert

(6) When the person is an honorably retired peace officer
carrying a firearm in an area that is not in, or on the grounds of,
a public or private school providing instruction in kindergarten
or grades 1 to 12, inclusive, but within a distance of 1,000 feet
from the grounds of the public or private school when carrying
that loaded firearm pursuant to any of the following:

end insert begin insert

(i) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4 of Part 6.

end insert begin insert

(ii) Section 25650.

end insert begin insert

(iii) Sections 25900 to 25910, inclusive.

end insert begin insert

(iv) Section 26020.

end insert

(d) 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 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 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.

(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 pursuant to subdivision (h) of
Section 1170 for two, three, or five years.

(2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 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 pursuant to subdivision (h) of Section
1170 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 pursuant to subdivision (h) of Section 1170
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 pursuant to subdivision (h) of Section 1170 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 pursuant
to subdivision (h) of Section 1170 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 pursuant to
subdivision (h) of Section 1170 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, begin delete 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, end delete or an armored
vehicle guard, engaged in the performance of his or her duties, as
defined in subdivision begin delete (e) of Section 7521 end delete begin insert (d) of Section 7582.1 end insert
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.

begin delete

(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.

end delete

SEC. 2.  

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.