Amended in Assembly July 2, 2015

Amended in Senate May 4, 2015

Senate BillNo. 707


Introduced by Senator Wolk

(Principal coauthor: Senator Jackson)

February 27, 2015


An act to amendbegin delete Section 626.9end deletebegin insert Sections 626.9 and 30310end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law, the Gun-Free School Zone Act of 1995,begin insert subject to exceptions,end insert 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, inclusive, or within a distance of 1,000 feet of that school. Existing law prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college,begin insert 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,end insert as specified, 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 a retired peace officer authorized to carry a concealed or loaded firearm.

This billbegin insert wouldend insert recast the provisions relating to a person holding a valid license to carry a concealed firearm to allow that person 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, inclusive.begin delete Thisend deletebegin insert Theend insert bill would also delete the exemption that allows a person holding a valid license to carry a concealed firearm to bring or possess a firearm on the campus of a university or college.begin insert The bill would create an additional exemption to those prohibitions for certain appointed peace officers who are authorized to carry a firearm by their appointing agency.end insert By expanding the scope of an existing crime,begin delete thisend deletebegin insert theend insert bill would create a state-mandated local program.

begin insert

Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority.

end insert
begin insert

This bill would reorganize those exceptions. The bill would delete the exemption that allows a person to carry ammunition or reloaded ammunition onto school grounds if the person is licensed to carry a concealed firearm. The bill would also create an additional exception to that prohibition by authorizing a person to carry ammunition or reloaded ammunition onto school grounds if it is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle.

end insert

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:

P2    1

SECTION 1.  

Section 626.9 of the Penal Code is amended to
2read:

3

626.9.  

(a) This section shall be known, and may be cited, as
4the Gun-Free School Zone Act of 1995.

P3    1(b) Any person who possesses a firearm in a place that the
2person knows, or reasonably should know, is a school zone, as
3defined in paragraph (1) of subdivision (e), unless it is with the
4written permission of the school district superintendent, his or her
5designee, or equivalent school authority, shall be punished as
6specified in subdivision (f).

7(c) Subdivision (b) does not apply to the possession of a firearm
8under any of the following circumstances:

9(1) Within a place of residence or place of business or on private
10property, if the place of residence, place of business, or private
11property is not part of the school grounds and the possession of
12the firearm is otherwise lawful.

13(2) When the firearm is an unloaded pistol, revolver, or other
14firearm capable of being concealed on the person and is in a locked
15container or within the locked trunk of a motor vehicle.

16This section does not prohibit or limit the otherwise lawful
17transportation of any other firearm, other than a pistol, revolver,
18or other firearm capable of being concealed on the person, in
19accordance with state law.

20(3) When the person possessing the firearm reasonably believes
21that he or she is in grave danger because of circumstances forming
22the basis of a current restraining order issued by a court against
23another person or persons who has or have been found to pose a
24threat to his or her life or safety. This subdivision may not apply
25when the circumstances involve a mutual restraining order issued
26pursuant to Division 10 (commencing with Section 6200) of the
27Family Code absent a factual finding of a specific threat to the
28person’s life or safety. Upon a trial for violating subdivision (b),
29the trier of a fact shall determine whether the defendant was acting
30out of a reasonable belief that he or she was in grave danger.

31(4) When the person is exempt from the prohibition against
32carrying a concealed firearm pursuant to Section 25615, 25625,
3325630, or 25645.

34(5) When the person holds a valid license to carry the firearm
35pursuant to Chapter 4 (commencing with Section 26150) of
36Division 5 of Title 4 of Part 6, who is carrying that firearm in an
37area that is not in, or on the grounds of, a public or private school
38providing instruction in kindergarten or grades 1 to 12, inclusive,
39but within a distance of 1,000 feet from the grounds of the public
40or private school.

P4    1(d) Except as provided in subdivision (b), it shall be unlawful
2for any person, with reckless disregard for the safety of another,
3to discharge, or attempt to discharge, a firearm in a school zone,
4as defined in paragraph (1) of subdivision (e).

5The prohibition contained in this subdivision does not apply to
6the discharge of a firearm to the extent that the conditions of
7paragraph (1) of subdivision (c) are satisfied.

8(e) As used in this section, the following definitions shall apply:

9(1) “Concealed firearm” has the same meaning as that term is
10given in Sections 25400 and 25610.

11(2) “Firearm” has the same meaning as that term is given in
12subdivisions (a) to (d), inclusive, of Section 16520.

13(3) “Locked container” has the same meaning as that term is
14given in Section 16850.

15(4) “School zone” means an area in, or on the grounds of, a
16public or private school providing instruction in kindergarten or
17grades 1 to 12, inclusive, or within a distance of 1,000 feet from
18the grounds of the public or private school.

19(f) (1) Any person who violates subdivision (b) by possessing
20a firearm in, or on the grounds of, a public or private school
21providing instruction in kindergarten or grades 1 to 12, inclusive,
22shall be punished by imprisonment pursuant to subdivision (h) of
23Section 1170 for two, three, or five years.

24(2) Any person who violates subdivision (b) by possessing a
25firearm within a distance of 1,000 feet from the grounds of a public
26or private school providing instruction in kindergarten or grades
271 to 12, inclusive, shall be punished as follows:

28(A) By imprisonment pursuant to subdivision (h) of Section
291170 for two, three, or five years, if any of the following
30circumstances apply:

31(i) If the person previously has been convicted of any felony,
32or of any crime made punishable by any provision listed in Section
3316580.

34(ii) If the person is within a class of persons prohibited from
35possessing or acquiring a firearm pursuant to Chapter 2
36(commencing with Section 29800) or Chapter 3 (commencing with
37Section 29900) of Division 9 of Title 4 of Part 6 of this code or
38Section 8100 or 8103 of the Welfare and Institutions Code.

P5    1(iii) If the firearm is any pistol, revolver, or other firearm capable
2of being concealed upon the person and the offense is punished as
3a felony pursuant to Section 25400.

4(B) By imprisonment in a county jail for not more than one year
5or by imprisonment pursuant to subdivision (h) of Section 1170
6for two, three, or five years, in all cases other than those specified
7in subparagraph (A).

8(3) Any person who violates subdivision (d) shall be punished
9by imprisonment pursuant to subdivision (h) of Section 1170 for
10three, five, or seven years.

11(g) (1) Every person convicted under this section for a
12misdemeanor violation of subdivision (b) who has been convicted
13previously of a misdemeanor offense enumerated in Section 23515
14shall be punished by imprisonment in a county jail for not less
15 than three months, or if probation is granted or if the execution or
16imposition of sentence is suspended, it shall be a condition thereof
17that he or she be imprisoned in a county jail for not less than three
18months.

19(2) Every person convicted under this section of a felony
20violation of subdivision (b) or (d) who has been convicted
21previously of a misdemeanor offense enumerated in Section 23515,
22if probation is granted or if the execution of sentence is suspended,
23it shall be a condition thereof that he or she be imprisoned in a
24county jail for not less than three months.

25(3) Every person convicted under this section for a felony
26violation of subdivision (b) or (d) who has been convicted
27previously of any felony, or of any crime made punishable by any
28provision listed in Section 16580, if probation is granted or if the
29execution or imposition of sentence is suspended, it shall be a
30 condition thereof that he or she be imprisoned in a county jail for
31not less than three months.

32(4) The court shall apply the three-month minimum sentence
33specified in this subdivision, except in unusual cases where the
34interests of justice would best be served by granting probation or
35suspending the execution or imposition of sentence without the
36minimum imprisonment required in this subdivision or by granting
37probation or suspending the execution or imposition of sentence
38with conditions other than those set forth in this subdivision, in
39which case the court shall specify on the record and shall enter on
P6    1the minutes the circumstances indicating that the interests of justice
2would best be served by this disposition.

3(h) Notwithstanding Section 25605, any person who brings or
4possesses a loaded firearm upon the grounds of a campus of, or
5buildings owned or operated for student housing, teaching,
6research, or administration by, a public or private university or
7college, that are contiguous or are clearly marked university
8property, unless it is with the written permission of the university
9or college president, his or her designee, or equivalent university
10or college authority, shall be punished by imprisonment pursuant
11to subdivision (h) of Section 1170 for two, three, or four years.
12Notwithstanding subdivision (k), a university or college shall post
13a prominent notice at primary entrances on noncontiguous property
14stating that firearms are prohibited on that property pursuant to
15this subdivision.

16(i) Notwithstanding Section 25605, any person who brings or
17possesses a firearm upon the grounds of a campus of, or buildings
18owned or operated for student housing, teaching, research, or
19administration by, a public or private university or college, that
20are contiguous or are clearly marked university property, unless
21it is with the written permission of the university or college
22president, his or her designee, or equivalent university or college
23authority, shall be punished by imprisonment pursuant to
24subdivision (h) of Section 1170 for one, two, or three years.
25Notwithstanding subdivision (k), a university or college shall post
26a prominent notice at primary entrances on noncontiguous property
27stating that firearms are prohibited on that property pursuant to
28this subdivision.

29(j) For purposes of this section, a firearm shall be deemed to be
30loaded when there is an unexpended cartridge or shell, consisting
31of a case that holds a charge of powder and a bullet or shot, in, or
32attached in any manner to, the firearm, including, but not limited
33to, in the firing chamber, magazine, or clip thereof attached to the
34firearm. A muzzle-loader firearm shall be deemed to be loaded
35when it is capped or primed and has a powder charge and ball or
36shot in the barrel or cylinder.

37(k) This section does not require that notice be posted regarding
38the proscribed conduct.

39(l) This section does not apply to a duly appointed peace officer
40as defined in Chapter 4.5 (commencing with Section 830) of Title
P7    13 of Part 2, a full-time paid peace officer of another state or the
2federal government who is carrying out official duties while in
3California, any person summoned by any of these officers to assist
4in making arrests or preserving the peace while he or she is actually
5engaged in assisting the officer, a member of the military forces
6of this state or of the United States who is engaged in the
7performance of his or her duties, or an armored vehicle guard,
8engaged in the performance of his or her duties, as defined in
9subdivision (d) of Section 7582.1 of the Business and Professions
10Code.

11(m) This section does not apply to a security guard authorized
12to carry a loaded firearm pursuant to Article 4 (commencing with
13Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.

14(n) This section does not apply to an existing shooting range at
15a public or private school or university or college campus.

16(o) This section does not apply to an honorably retired peace
17officer authorized to carry a concealed or loaded firearm pursuant
18to any of the following:

19(1) Article 2 (commencing with Section 25450) of Chapter 2
20of Division 5 of Title 4 of Part 6.

21(2) Section 25650.

22(3) Sections 25900 to 25910, inclusive.

23(4) Section 26020.

begin insert

24(p) This section does not apply to a peace officer appointed
25pursuant to Section 830.6 who is authorized to carry a firearm by
26the appointing agency.

end insert
27begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 30310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

28

30310.  

(a) Unless it is with the written permission of the school
29district superintendent, the superintendent’s designee, or equivalent
30school authority, no person shall carry ammunition or reloaded
31ammunition onto school grounds, except sworn law enforcement
32officers acting within the scope of theirbegin delete duties or persons exempted
33under Section 25450.end delete
begin insert duties.end insert

34(b) This section shall not apply to any of the following:

35(1) A duly appointed peace officer as defined in Chapter 4.5
36(commencing with Section 830) of Title 3 of Part 2.

37(2) A full-time paid peace officer of another state or the federal
38government who is carrying out official duties while in California.

P8    1(3) Any person summoned by any of these officers to assist in
2making an arrest or preserving the peace while that person is
3actually engaged in assisting the officer.

4(4) A member of the military forces of this state or of the United
5States who is engaged in the performance of that person’s duties.

begin delete

6(5) A person holding a valid license to carry the firearm pursuant
7to Chapter 4 (commencing with Section 26150) of Division 5.

end delete
begin delete

8(6)

end delete

9begin insert(5)end insert An armored vehicle guard, who is engaged in the
10performance of that person’s duties, as defined in subdivision (d)
11of Section 7582.1 of the Business and Professions Code.

begin insert

12(6) Any peace officer, listed in Section 830.1 or 830.2, or
13subdivision (a) of Section 830.33, whether active or honorably
14retired.

end insert
begin insert

15(7) Any other duly appointed peace officer.

end insert
begin insert

16(8) Any honorably retired peace officer listed in subdivision (c)
17of Section 830.5.

end insert
begin insert

18(9) Any other honorably retired peace officer who during the
19course and scope of his or her appointment as a peace officer was
20authorized to, and did, carry a firearm.

end insert
begin insert

21(10) (A) A person carrying ammunition or reloaded ammunition
22onto school grounds that is in a motor vehicle at all times and is
23within a locked container or within the locked trunk of the vehicle.

end insert
begin insert

24(B) For purposes of this paragraph, the term “locked container”
25has the same meaning as set forth in Section 16850.

end insert

26(c) A violation of this section is punishable by imprisonment
27in a county jail for a term not to exceed six months, a fine not to
28exceed one thousand dollars ($1,000), or both the imprisonment
29and fine.

30

begin deleteSEC. 2.end delete
31begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P9    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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